The Research On Legislation Of Compulsory Medical Treatment Of The Mental Patients In China

Compulsory medical treatment for mental patients are referred that the court decided the acts of violence have been implemented which have endangered the safety of public or seriously harmed the personal safety of citizens by the mental patients who have been identified without capacity of criminal responsibility through the legal procedures, and continued to have the possibility to harm the safety of society, can be forced with medical treatment and sent to compulsory medical institutions that take a limit or deprive the person’s personal rights of freedom and compulsory isolation treatment as criminal measures. Legislations about mandatory medical treatment of the mental patients in China have existed" the criminal law of the People’s Republic of China", "the criminal procedure law of the People’s Republic of China", "the mental health law of the People’s Republic of China", and the mental health of the local regulations, these legislations have played a certain role in the protection of the mental patients’ rights and stability of society, but the criminal procedural law of China revised the compulsory treatment of mental patients to the judicial field, but not complete judicial, there are still some problems:first, the spirit of China’s compulsory medical patients with lower level of legislation; second, mental patients in China compulsory medical legislation system is not perfect; third, the content of mental patients in China compulsory medical legislation is not perfect. While some foreign developed countries for mandatory medical treatment have a lot of experiences, such as the detailed provisions of the applicable object of compulsory medical treatment in America, Germany set up a special security measures program, Russia correspond compulsory measures according to the pathological strength, in order to getting better safeguard the public security and stability of the society, and protecting the legitimate rights and interests of citizens. Our country in improving mental patients of compulsory medical legislation, should actively learn from foreign experience and improve legislation:first, improving the lever of legislation about compulsory medical of the mental patients in China; second, establishing the complete compulsory medical legislation system of the mental patients to change the status of the system of our country which scattered in various legal provisions and coordinating the disorder of legislation about compulsory medical treatment of the mental patients in China to play their unique function fully; third, improving the legislative contents of the compulsory medical treatment, to reduce the space of arbitrary distortion and to protect the legitimate rights and interests of the mental patients and to promote the implementation of judicial practice.