Research On The Executive Problems Of Compulsory Medical Treatment

With the development of our national economy and the acceleration of modern life pace, the problems of mental disorder caused by increased mental pressure has become a serious social issue. According to the relevant agencies of our country, the survey data shows that China's current patients with mental disorder have more than 1 million, of which the patients with severe mental illness has been as many as 16 million. With the increase in the number of patients with mental illness,due to the terrible management for them, there are more and more patients with mental disorder create disturbances.They have made a serious threat to the public safety and the personal safety of citizens. It has been one of the serious social issues in our country to control the mental patients who acts violence according to the law.In order to ensure that patients with serious social risk of mental illness do not endanger social again, to maintain the social order and protect citizens' personal and property safety, to ensure these patients getting effective treatment, our country add a chapter of compulsory medical procedure for patients with mental disorder not to bear criminal responsibility according to law in the new "Criminal Procedure Law". It is added to dispose the patients with violent psychosis. However, the legislations of our country have not detail regulations for compulsory medical treatment. Especially the execution link of compulsory medical treatment sets simple. It leads to the problem of compulsory medical treatment is particularly prominent. The effect of compulsory medical treatment is directly related to the realization of the value of compulsory medical procedure. Enforcement of compulsory medical treatment must be regulated to play a better role of compulsory medical treatment.This article is divided into four parts to discuss this issue:The first part is the introduction of compulsory medical treatment.Compulsory medical treatment is defined as the court make a decision for compulsory medical treatment. Then the patients forced medical treatment will be sent to compulsory medical institution to have compulsory medical treatment. Compulsory enforcement is the component and the final part of the mandatory medical procedures.Compulsory medical treatment has the nature of site closed, means forced, treatment of course professional and so on.The implementation of compulsory medical treatment in the patients with violence reflects the value of strengthening of socialdefense, the realization of medical assistance, the right of the procedure and the protection of human rights. It not only reach the aim of maintaining social order, but also fully protect the basic rights of the patients being forced to.The second part make a comparison and analyze the compulsory medical treatment in foreign countries. It contrast legislation and practice for the typical representative of the Anglo American law system in the United Kingdom and the United States and the continental lagal system in Germany and Russia. Through the specific research on the compulsory medical treatment in these countries and comparing the commonness and difference of these countries, It can provide reference for the perfection of compulsory medical treatment in our country in the exploration phase, in order to perfect our country's compulsory medical treatment system.The third part analyzes the problems existing in the enforcement of compulsory medical treatment and the reasons for its formation in our country. The newly revised criminal procedure law of the special procedures in China adds the new mandatory medical procedures and regulates the execution of compulsory medical treatment.However, It has not make clear and specific provisions for compulsory medical treatment in implementation of the main, the implementation of means, rehabilitation management, the elements of the release, follow-up tracking, relief mechanism,financial burden, responsibility mechanism and supervision mechanism. So problems appears in the implementations of compulsory medical in China. Analyzing these problems to get the attention and perfection.The fourth part puts forward the specific measures to improve the system of compulsory medical treatment in China. Analyzing the problems of compulsory medical treatment in China, combining with the "mental health law", and according to the specific circumstances of China's compulsory medical treatment, some specific suggestions have been put forward. Some measures are taken to construct the compulsory medical system in China by clearing the executive body of the compulsory medical treatment, strengthening the implementation of management,clearing the implementation of means, clearing release elements, improving the relief mechanism, establishing follow-up system, clearing funding sources, building the responsibility system and supervision system. Hoping that the different kinds of problems can be solved in compulsory medical treatment, the functions in compulsory medical treatment can be exerted, the violent mental patients can be suitable managed to maintain the social security and stability.