Legal Analysis Of Compulsory Medical Treatment System In China

The compulsory medical treatment system formulated in the 18 th article of the Criminal Law could not be launched effectively in the judicial practice owing to the legislative stipulation comparison principle, weak operability and lack of supporting procedures of the criminal procedures. For a long period of time, mental patients involved in cases were accommodated on the basis of related stipulations in the Law of Police, and certain medical activities were launched. In 2012, special compulsory medical service formulated in Criminal Procedure Law put an end to the “uncoordinated” situation of the system, and compulsory medical service system was established preliminarily, playing a good normative role in the judicial practices of China. Meanwhile, with the constant progressing of institutional implementation, some problems were exposed gradually from legislative design to judicial practices, which had impacted the implementation and development of compulsory medical treatment. In order to give better play to the role of system in solving problems and meeting practices, and to undertake the heavy responsibilities of legal construction and protection of human rights, the compulsory medical treatment system is analyzed from a legal level. Meanwhile, it is illustrate din four parts with semantic analysis method, case analysis method and empirical analysis method. In the first part, the concept, nature and development process of compulsory medical treatment in China are illustrated for understanding and interpreting the system generally. In the second part, defects of compulsory medical treatment system are analyzed emphatically, to pave the way for the following legislative proposal. In the third part, problems and confusions in the judicial practices of compulsory medical treatment system ae discussed, for laying the foundation for better guidance. In the fourth part, it is the core of the paper, as well as the purpose of discussion, aiming to perfect the system and further propose legislative suggestion and imagination, so that it can give full play to the management and social service function of the “new system”, and adapt to the legal construction demand in China.