Normative Analysis On The Application Of Compulsive Treatment In Criminal Procedure

The current Criminal Procedure Law added a special chapter about "compulsive treatment for psychiatric patient",aiming to help promote psychiatric patient receive treatment and guarantee social stability,considered as a major breakthrough about China's relevant laws of psychiatric patient in the field of criminal justice,which is also the hot theoretical research in recent years.But our country's current laws of compulsive treatment in criminal procedure is still in the stage of establishment,that there are many issues worthy of discussion.This paper attempts to on the basis of elaborate the nature and the original intention of compulsive treatment in criminal procedure,discussing the problems in the current application of compulsive treatment in criminal procedure,aiming to implement the original intention of the compulsive treatment in criminal procedure,making suggestions about how to better apply the compulsive treatment in criminal procedure.In the first part,this article analyzes the legal basis and the nature of compulsive treatment in criminal procedure.In the second part,this article sorts out the evolution of legislation of the current legislation of compulsive treatment in criminal procedure and analyzes on the original intention of the compulsive treatment in criminal procedure from three aspects of social defense,protection of human rights,procedural justice.In the third part,this article divides the application of compulsive treatment in criminal procedure into three parts,combined with the evolution of legislation and the original intention of compulsive treatment in criminal procedure,analyze three aspects from behavior conditions——take acts of violence endangering public safety or seriously endangering the safety of citizens?subject condition——mental patient that through psychiatric examination not criminally responsible by law signed?necessity conditions——exists the possibility of continuing endanger the safety of society.In the fourth part,this article put forward suggestions for improvement of the application of behavior conditions by the definition of "violence" and "serious";put forward suggestions for improvement of the application of subject conditions by the definition of the start conditions of psychiatric examination and the distribution of burden of proof;put forward suggestions for improvement of the application of necessity conditions by the definition of specific criteria to judge the possibility of endanger to the safety of society.The above three conditions not only exits parallel relationship but also exits progressive relationship.At the same time,it can be applied for compulsive treatment in administrative procedure when the condition of compulsive treatment in criminal procedure is not satisfied.