Study On The Procedure Of Criminal Compulsory Medical Treatment For Mental Patients

In recent years,more and more troubles were caused by mental patients in our country,although there are laws and regulations related to the mental patients,it still can not meet the actual needs.Based on the compulsory mental treatment regulation of criminal law,criminal procedure law,the people's procuratorate of compulsory medical executive measures(Trial),and Compulsory medical center(Draft),this paper combines the actual cases to analyze the criminal compulsory medical procedure of the mental patients comprehensively as well as put forward improvement measures with reference to the relevant foreign legislation.This paper incorporates four parts:the first part is an overview of the criminal compulsory medical procedures.It first defines the concept of the mental patient and criminal compulsory medical procedure and then illustrates the nature and characteristics of criminal compulsory medical.The second part refers to the investigation of the foreign compulsory medical legislation.Through the study of compulsory medical procedure of the common law and civil law countries,the author tries to find out the realistic basis of improving our compulsory medical treatment system.The third part elaborates the legislative status quo of mental patients in our criminal compulsory medical procedure and analyzes the existing problems.It first lists the current legislation of compulsory medical procedure in our country,and then analyzes the existing problems of criminal compulsory medical system in our country,combining some cases.The fourth part is a path selection of improving the criminal compulsory medical procedure,which mainly aims to perfect the defects of compulsory medical treatment procedure in China as well as improve the mechanism of our country.