The Research On Procuratorial Supervision Of The Compulsory Medical Treatment

Amendment to criminal procedure law of the People's Republic of China in 2012 increased mental patient compulsory medical procedures,which makes up the mental patient lack of procedural compulsory medical treatment system and provides a clear procedure implementation of the system for the specific operation,and promotes the judicial forced medical procedures.However,the provisions of the Amendment of Code of Criminal Procedure were relatively brief and lack of relevant experience in the judicial practice.There are many problems need to be solved as for compulsory medical treatment in its judicial operation.So,the author based on the judicial practice and legal knowledge,after an analysis of the existing problems in the law and practice of implementation issues,according to empirical analysis and comparative analysis and other research methods.Eventually,give some suggestions for improvement,from the angle of the procuratiorial supervision.There are three parts in this paper.The first part is description of The Connotation of Compulsory medical treatment,on the basis of fully affirmed about compulsory medical,There are many problems existing in the compulsory medical treatment system in legislation,so it is particularly important for the People's Procuratorate to supervise in accordance with the law in order to ensure the smooth and effective implementation of the compulsory medical procedures of mental patients.The second part is form the perspective of procuratorial organs,to analyze the problems existing in the legal supervision,when the procuratorial organs in handling the criminal compulsory medical cases,in the legislation and practice,and points out that the procuratorial organs in the lack of legal supervision function in the compulsory medical procedures.The third part puts forward some useful suggestions to perfect compulsory medical by using the procuratorial supervision,such as Method to improve the procuratorial supervision,strengthening the procuratiorial supervision of thepsychiatric assessment,provisional protective and termination procedure,etc.The author believes that,currently,let the People's Procuratorate fully display procuratiorial supervision role,it helps that Compulsory medical treatment system of play to the role of social defense and protection of rights and interests of psychiatric patients.