On The Improvement Of China’s Criminal Compulsory Medical Procedure

In recent years, a large number of cases of mental patients have been reported in the media. People are strongly concerned about the problem of mental patients. Due to the lack of criminal responsibility, the mentally ill offenders are often not punished by law, which caused people’s fears and discrimination. The criminal compulsory medical procedure became a special procedure in 2012, which is used to control the mentally ill offenders. By depriving the freedom of mentally ill offenders, the criminal compulsory medical procedure helps to cure mental illness, and let the rehabilitation patients return to normal life.The applicable objects of criminal compulsory medical procedure are specific. The startup time of the procedure is mandatory. And the applicable period depends on the specific case. Compared to other litigation procedures,criminal compulsory medical procedure shows flexibility, and shows the protection of human rights, social security and procedural justice.Compared with Britain, the United States, Germany, Russia and other countries, China’s criminal compulsory medical system has just started, and is lack of practical experience. Applicable object of criminal compulsory medical procedure in our country is too narrow, while applicable conditions are not clear. Procedures of the legislative process are too simple, and the relationship between the general proceedings is not clear. These problems have brought trouble to the work of the judicial organs. In addition, our country pays more attention to the social defense, and does not emphasize the protection of human rights. The prosecution organ and the hearing organ did not separate. The parties are lack of litigation rights. The relief of the procedure is to highlight the strong administrative color.To improve the criminal compulsory medical treatment, should focus on the overall situation, cannot be isolated from each problem. The criminal compulsory medical procedure can division for identification stage, starting stage, trial stage, the implementation stage, supervision and relief phase, each stage although the independence and integrity of the program, but mutual interlocking, interdependent, perfect for the entire program embodied in every stage. As the beginning of the whole process, identification phase is initiated by the judiciary. The parties and their guardians and their families shall have the right to apply for the identification of psychiatric disorders. Some special cases should be enforced to identify. At the starting stage, he scope of the application of the object should make a reasonable expansion, at the same time clear the applicable conditions, and improve the temporary protective measures. At the trial stage, it should avoid judicial personnel blindly trust the judicial identification. At the implementation stage, the execution place should be improved, and to avoid prison as a treatment site. At the supervision stage, the means of supervision should be diversified and dynamic. Finally, it is the stage of review and relief. Therelief ideas need to be changed. So that it does not make the justice appear too late.