Research On Criminal Gompul Sory Medical Procedure

Punishing crime and human rights protecting are both the fuctions of criminal procedure.Once desiring for efficiency lead criminal procedure entered a wrong direction.Especially the legislation for mental patients,become more difficult because of physiological characteristic.We used to use "hysteria" "insane" "madman" to describe the mental patients onset of Mental illness,for their behavior out of control and harm to the society.Prior to the implementation of the compulsory medical treatment program in china,how to properly handle this special populations is not only a heavy burden of the individual family,but also a dilemma that social security faces,and more like a baptism to legislation formental patients in china.So the research for this project has important significance for protecting the legal rights of mental patients and the Public safety,maintaining public order and perfecting our legal system.The purpose of ordinary criminal procedure is to punish crime and to clear about the defendant's criminal responsibility,the purpose of criminal compulsory medical procedure is to cure mental patients and to help them back to normal life.That is the difference between ordinary criminal procedure and criminal compulsory medical procedure.It has omissions to be found laws in judicial practice due to the National People's Congress legislation laging behind the reality.From the angle of procedures enacting,it Is difficult to define the program start conditions,also it has narrow range of applicable scope of object and unclear standards of "possibilities of continiue danger to society";from the angle of application stage,both parties have not been authorized judicial identification by law,if the court activates procedure as its authority,it violates the controlled trial separation principle.The Prepositional procedure has applicable standards;in the application of the procedure,there is conversion defects between ordinary criminal procedure and criminal compulsory medical procedure,also it has little constraining force in Temporary protective restraint measures,and proceedings of criminal compulsory medical procedure is not specific;from the angle of perspective of evidence system,undefined object and burden of proof,the people who is forced to receive medical has no right of relief,besides,the supervision mechanism of procuratorate also has deficiency,such as obscure subject of supervision,unclear surveillanced object,poor supervision's efficacy and overlapping functions.To consummate criminal compulsory medical procedures,First of all,determine the applicable conditions of standards and the differecs between activating and deciding.To make standards of "possibilities of continiue danger to society" clear,Incorporating the no or lack of criminal capacity and lack of litigation participation ability into the scope of criminal compulsory medical procedures object;The second,cancel the authorization on court of activating the criminal compulsory medical procedures,consummating judicial appraisal of psychosis;the third,building the link up between criminal compulsory medical procedures and ordinary criminal procedure,founding psychiatric assessment system of detention instead of temporary measures to protect constraints,also it is necessary to optimize the members of the collegial panel,make the trial mode clear,extend the period on Legal aid,in the last,make sure public security organ be the executive organ through legislation,remould mental hospital in system into compulsory medical institutionsby law.Protecting the defendants' right of relief and the rights of incidental civil action,strengthening the supervision effectiveness of procuratorate by founding procuratorial station and the circuit procuratorial work.Through the analyzed legislation defects of the criminal compulsory medical procedure and the difficulties in the actual examples of juridical practice,finally this article give its optimization of suggestion,looking forward the criminal compulsory medical procedure take more progress in the future,make further on building the rule of law society.