The Theory On Compulsory Medical Treatment System For Mental Patients

The Theory on Compulsory Medical Treatment System for Mental patients--Compulsory Medical Cases of City J as Entry Point The compulsory medical treatment system of the mental patients initially from the western theory of security measure is independent of the penal system outside crime countermeasures.Criminal law stipulated in article 18 of the mental patient may,when necessary,mandatory health by the government.But for a long time,rarely is the compulsory medical treatment system used.No specific standard to guide operation makes the system difficult to run in the judicial practice.Along with the mental patient crime happening frequently in China,the implementation of compulsory medical should be applied to the legal level.Under this background,the criminal procedure law of the People's Republic of China has been revised in 2013,the compulsory medical program is listed as one of the four special procedures,and the criminal compulsory medical treatment and implement the provisions shall be applicable,which play a positive role in the maintenance of public security and public order.At the same time,it also protects the rights of psychiatric patients who needs to be treated,and reflects the humanitarian spirit.However,because compulsory medical treatment system for the mental patient in China has just started,the rules are not yet perfect.With the in-depth development of the system,many problems are gradually exposed in judicial practice.In this paper,the author collected the entire mandatory medical cases of City J since the application of compulsory medical system,interviewed some case investigators,and visited some of the mandatory medical institutions,so as to find out the common problems of the compulsory medical treatment system in the judicial practice,as well as other important information.On this basis,the paper sums up the problems and disadvantages of compulsory medical treatment system in China.In conclusion,the scope of mental patient treated by mandatory health regulations in China is not scientific.There are not adequate medical institutions.The medical treatment is not effectively applied.The temporary protective measures are lack of specific operation specification.The termination of compulsory medical treatment is not reasonable.Comparing domestic laws and the practice with those abroad,this article analysis and reveals the association and the contradiction between compulsory medical treatment for the mental patient and the protection of the human rights,seeking to the balance.Based on China's national conditions and judicial practice,this paper puts forward several opinions on how to perfect our criminal compulsory medical procedures.To solve the above problems,the author believes that firstly the laws and regulations should be stipulated to eliminate misunderstandings to cover each procedure of compulsory medical treatment.We should simplify the proceedings,and fully guarantee the human rights.Achieving the procedural justice,the court ought to be given the full authority to make the right decisions,through the hearing,forensics,and the legal medical appraisals.The application of the compulsory medical treatment of mental patients depends on the professional judgment on the possibility of recovery.At the same time,the system should focus on the skills and the ethics of the medical staffs and the investigators to perform the special legal procedures of the compulsory medical treatment.During the treatment,the legal supervision will function to protect the legitimate rights and interests of mental patients.By implementing compulsory treatment,the community health,and the community correction,the mental patients are given necessary help to return to the normal social life.