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On Reform And Perfection Of Compulsory Medical Procedure

Posted on:2016-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
GTID:2296330503951259Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, patients with mental disorders, the frequent occurrence of injury and damage, serious threat to social and public safety and personal safety. Before 2012, Due to the lack of legal basis, not troublemaking mental disorder patients receive effective treatment, judicial organs can not take coercive measures, On the part of the patients or the implementation of social violence, let the people suffer unspeakably. Criminal procedure law amendment, in the first set up a "compulsory medical procedure in the spirit of the criminal responsibility of the spirit of the law", will force medical treatment into the legal system. But, the provisions of the criminal procedure law on compulsory medical treatment for the framework, faced with many problems in practical operation.This article from the concept of compulsory medical treatment, combined with the relevant laws and regulations to explore the current situation and the existing problems of compulsory medical treatment, discusses the relevant provisions of the criminal procedure law and mental health law, and finally, how to improve the compulsory medical system. The full text of about twenty thousand words, divide into three parts except introduction. The first part, Compulsory medical procedure overview and related concepts, this part defines the concept, nature and applicable object of compulsory medical treatment by the law. The second part, the current situation and problems of compulsory medical system in China, Starting from the legal basis of compulsory medical treatment, analysis of the legal system, the main body and the implementation of the judicial authentication and the compulsory medical treatment of mental illness, And the application of mental health law and criminal procedure law in compulsory medical procedure is discussed. The third part, Suggestions for improving compulsory medical procedures, According to the current situation of compulsory medical treatment in China, Put forward suggestions on how to improve the legislation, time limit, the place of execution, and medical mode of the compulsory medical treatment.I think, the compulsory medical system in the patients with mental disorders should emphasize the protection of the rights and interests of patients with mental disorders, Pay special attention to the balance between individual interests and social interests, and will this principle into a fair, rigorous design and operation of the. Therefore, the need to further improve the system of compulsory medical legislation, the objective of the compulsory medical treatment for the patients with mental disorders is to fulfill the procedural requirements of compulsory medical treatment.
Keywords/Search Tags:Compulsory medical procedure, Forensic psychiatric expertise, Capacity of criminal responsibility, Perfect measures
PDF Full Text Request
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