Study On The Criminal Compulsory Medical Procedure

Mental patients because of its special illness serious harm social behavior,has become a big threat to social security hidden danger.At the same time as they are vulnerable groups.their own rights and interests should also get more attention and protection.Therefore,for protecting human rights to social security and safeguard the mental patient,for the purpose of for the mental patients without criminal responsibility criminal compulsory medical treatment becomes necessary.The purpose of this paper is to systematically study the criminal compulsory medical procedures,analysis and improve the application of specific measures,so as to maximize the protection of the legitimate rights and interests of mental patients themselves and the social public.Paper on the basis of expounds the connotation of criminal compulsory medical procedures,analyzes the criminal compulsory medical procedure independence,justice and flexibility of the three characteristics.At the theoretical level,human rights,procedural justice,social defense three theory become a support the theoretical basis of criminal compulsory medical treatment.Theory of human rights is the criminal compulsory medical procedure mechanism of origin;Procedural justice theory explained the operation mechanism of criminal compulsory medical procedures;Social defense theory illustrates the inherent logic of criminal compulsory medical procedures.As a new-comer striving for system and continental law system and Anglo-American law system countries related system provides more experience and enlightenment for our country.Criminal compulsory medical procedures as new,though a landmark in terms of promoting the mental patient rights,but there is still a unknown identification procedures,suitable conditions for fuzzy,incomplete trial procedure,executive single,monitoring procedures formalized and a series of problems.This paper puts forward relevant measures,in view of these questions can be set grading appraisal institution,to appear in court for mental patients,psychiatric experts participate in the trial of the case,please,clear actuators,solve the relevant expenses of treatment,by the People's Procuratorate at the same time of executing agencies for legal supervision.