Research On The Application Of Compulsory Medical Procedure In China

With the rapid development of China's economy, people's ideology has undergone significant changes, value orientation, social life of complicated social contradictions is the unavoidable problem in social pressure and influence of various factors, the prevalence rate of mental patients in China has increased significantly, followed by real life in patients with mental disorders, killing, wounding harm to society and even criminal events often become the focus of attention, troublemaking mental patients have serious influence to the citizens' personal and property safety and social stability, has become a major social problem affecting China's civil rights and social stability. Before 2012, China's regulation on medical treatment of mental patients, for administrative and medical norms, due to the lack of authority of legislation and procedural safeguards, so long on the spirit of the patient's medical has serious administrative tendency in operation mechanism, especially the negative crime according to law criminal responsibility for compulsory psychiatric patients medical problems become more difficult problems in judicial practice. Therefore, it is necessary to establish the compulsory medical procedure in the criminal procedure law, which is the inevitable request of the judicial reality condition, it is the country to guarantee human rights, and to ensure the social stability.In order to meet the practical needs of judicial authority, play the role of law in the stable social order in China in 2012, in the revised "Criminal Procedure Law" in the form of additional special procedures in accordance with the law is not criminally responsible for the mental patients forced medical procedures, compulsory medical treatment for mentally ill criminal law of the authoritative and normative legislation in the criminal procedure in the applicable objects, applicable conditions, decision subject, starting procedure, trial procedure, execution, termination procedure and legal supervision has made more comprehensive provisions on compulsory medical treatment. This is the first time in China from the aspect of law of criminal procedure of compulsory medical norms, implementation of compulsory medical treatment for the pioneering development of disposal norms also realized the mental patients in China after the crime, played a law on the protection of human rights and the maintenance of social order in the irreplaceable role in according to the practical problems of negative crime criminal responsibility of mental patients do not endanger public safety and propose a more complete solution for the compulsory medical treatment provides the basis, in the specific application of our distinctive characteristics and significance. However, this is the level of criminal legislation of compulsory medical procedure for the first time into the law, because the law itself lag, conservative, realizing the rule of law can not be achieved, according to China's "Criminal Procedure Law" and relevant judicial interpretations, at present our country about the compulsory medical applicable regulations still exist for object is too narrow, the executive body is not clear judicial appraisal, regulations, substantive investigation procedure, legal supervision and other issues have not set a rule, caused by the forced medical procedures in the application process there are still applicable standards to grasp and implementation difficulties and legal supervision is not in place and other difficulties.Therefore, the author holds the concept of compulsory medical judicature, in order to achieve the purpose of legislation, perfecting the judicial value perspective, using the research methods of normative analysis and empirical analysis, the basic theory of the concept and characteristics of the compulsory medical procedure, inquiry procedures in the two aspects of legal and social value, based on medical procedures and legislation the judicial application and the status quo of China's compulsory analysis, found that the program exists in the legislative and judicial problems in the practice and application in the process of the plight of the regularity among them. On the one hand, through the improvement of legislation, scientific set up China's compulsory medical procedure applies to the "skeleton", on the other hand through the refinement process, reasonable convergence of compulsory medical procedure for "tendons". From the above two aspects, the improvement of the application of medical procedures to improve the opinions and suggestions, and constantly promote the legislative and judicial progress.