Criminal Compulsory Medical Operation Research

Before the current criminal procedure law was issued,the provisions of the mental disease cases are provided in the criminal law,the principle of the provisions lead to a large number of "mental illness" phenomenon,thus lead to the social contradictions.The current criminal procedure law not only to achieve the system of compulsory medical treatment from the entity to procedure across,but also promotes the handling of criminal cases from the"administration" to "justice," but there have some problems,for example:the provisions on the scope of application is narrow,applicable conditions is fuzzy,pretrial procedure is not detail,beside,the execution procedures are not clear and other issues still need to be discussed.The clue of the text is setting up the mental patient who are sent to psychiatric hospital treatment as a starting point,analysis of the main provisions of China's current criminal procedure law on compulsory medical treatment.It points out that our country criminal compulsory medical procedure in the establishment is very important,and then explain the value of the program between protect the legitimate interest of the mental patients and maintain the normal social orders.Subsequently,analyzing the system of foreign law which is similar to the compulsory medical treatment,sum up the foreign countries in this program can be used for our reference.After that,this paper also discusses the problem of the compulsory medical procedure,and point out the problems in the compulsory medical procedure.In particular,the scope of application is narrow,the application is fuzzy,procedural provisions lack of the operational,etc..At the same time,the author also puts forward some pertinent suggestions to the above problems,for example,expanding the applicable object of the criminal compulsory medical treatment,specific the scope of the application and the provisions of this procedures.Through the domestic and foreign compulsory medical treatment of research,in order to put forward the constructive suggestions to solve the problem,maintain China's compulsory medical procedure normal operation and eventually guarantee the legal rights of psychiatric patients as well as defend the social order to make it more stability.