A Study On Judicial Remedies Forpsychiatric Patients Ofinvoluntary Medical Treatment

Add the psychosis criminal responsibility in accordance with the mandatory medical procedures by The new criminal procedural law has the milestone significance.However,no remedies,no rights,relief mechanism is not perfect that mandatory medical procedure rights act,the mental patient rights still exposed to the public power.This article focuses on the mental patient to enforce the establishment and perfection of the medical relief mechanism,from the concept,characteristics and nature of compulsory medical treatment,after the compulsory medical treatment have a deep understanding of,compulsory medical relief mechanism in our country's present situation and the problems existing in the investigation.It is found that China's compulsory medical relief mechanism temporary constraint measures lack of relief way,compulsory medical decision of reconsideration shall not perfect,medical appraisement standard overhead the judicial relief,such problems as lack of the judicial relief way of execution phase.On the basis of legal analysis,the paper summarizes the cause of the problem,social defense awareness deviation are obtained,weak humanism thoughts and concept of procedural justice weaken the conclusion.Combination of continental law system and Anglo-American law system countries forced medical remedy mechanism of law and judicial experience,engaged in the former beforehand prevention,intervention and post-supervision three angle targeted put forward some improvement measures,in order to promote our country psychiatric compulsory medical relief mechanism to further improve and develop.