Study On Effectiveness Of Agreement Jurisdiction In China

The mentally ill forced medical procedures of not criminally responsible according to the law, also known as "Criminal Compulsory medical procedures," as one of the highlights of 2012 "Criminal Procedure" to modify, has been included in the "Code of Criminal Procedure" Part V "Special procedure" chap. The establishment of the program is not criminally responsible not only mental patients can receive timely and effective treatment, full protection of their legitimate rights and interests, but also safeguard the public safety can be more civilized so that our criminal justice a major step forward, it can be described as a milestone significance.From the period of slavery, "Zhou·Adam·Division thorn" to the feudal era "Tang Lv Shu Yi" and the Song, Yuan, Ming and Qing dynasties of the criminal law, to the Government of the Republic of China’s Criminal Code, has to violation of the criminal mental patients exempt from punishment or leniency provisions of punishment. After the founding of New China, the issue of mental patients receiving State Council’s approval, the draft documents the early days of the Criminal Code to provisions of the existing criminal law, you can see, the government committed a crime but not criminally responsible treatment of the mentally ill is still from wide, but their families or guardians of the mentally ill and strict medical care, when necessary, by the Government of the compulsory treatment of mental patients. This is mandatory substantive provisions of medical care,in 2012, "Code of Criminal Procedure," the addition of compulsory medical criminal procedural provisions. After four years of legal practice, we can see that our criminal compulsory medical procedure still have some problems. For example: Fuzzy applicable conditions for narrow target range of institutional defects entity; breach of the principle of separation of prosecution and trial, the program starts unreasonable identification, appraisal standards are not unified launcher defect; interim protective measures to restrain the lack of procedural constraints, not specific proceedings application bugs; the burden of proof is unclear, vague evidence standard of proof system defects; oversight body blurred, uncertain under supervision, monitoring the effectiveness of limited legal supervision system defects. To solve these problems for our criminal compulsory improve the health care system, healthy long-term development of China’s Criminal Procedure Law has a very important practical significance.