A Study On The Application Of The Measures For The Treatment Of Patients With Social Risk And Criminal Responsibility

The Chinese current criminal law and regulations don't have clear treatment measures about the mental patients who are social danger,of criminal responsibility and loss of litigation capacity,which leading to the relevant authorities in dealing with this kind of people have no laws and regulations to follow,and have no solutions neither.This situation leading to the threats to the social public safe,the damages to basic human rights and the instabilities of criminal litigation process.In order to fix it.We chose a typical case of forced medical treatment--the Bai case.Based on our current laws and regulations and judicial practice as the background,from the perspective of feasibility analysis on a department,we try to analyze the possibility of existing treatment measures and draws a conclusion that criminal compulsory medical system is the best measure for Bai-kind of people.Finally,we will learning the experience of foreign related criminal compulsory medical system and give some advises about how to make our criminal system of compulsory medical treatment better in two aspects which are based on the procedure and organization guarantee.The full text is divided into five parts,a total of about 16000 words.The first part is the introduction,which mainly introduces the research object and writing background.The second part is based on the description of the Bai case of compulsory medical treatment,put forward the purpose of this paper is to analyze whether there is an appropriate treatment for this case and study how to construct appropriate treatment measures,and points out the significance.The third part is based on our current laws and regulations and judicial practice as the background,from the perspective of feasibility analysis on a department by the application of existing treatment measures and that should be a Bai case into the criminal compulsory medical treatment and improve the conclusions about the system.The fourth part introduces worldwide criminal compulsory medical system's current situation.The fifth part is on the basis of reference to foreign research results,from the program to improve and organize the protection of the two aspects of China's criminal compulsory medical system recommendations.