The Research On The Compulsory Medical Treatment On Mental Patients In The Criminal Procedure Law

Crime perpetrated by mental patients,a phenomenon to which people pay increasingly great attention,pose grave threats to social and public security and the citizens' personal and property safety.Given this fact,the newly amended version of the Criminal Procedure Law of the People's Republic of China enforced in January 1st,2013 has added "the compulsory medical treatment procedure for mental patients who shall not bear criminal liabilities in accordance with law".Stipulations have been made in application conditions and objects,procedure initiation,hearing and adjudication,prosecutorial supervision,relief and remedy of rights and so forth.Admittedly,as a newly established legal system,the criminal compulsory medical treatment is replete with numerous loopholes as far as the legislation is concerned,such as the single unitary subject,obscure and opaque operation standards and limited executing agencies.Hence,it is of necessity to research into and further ameliorate the compulsory medical treatment to ensure its role in such fields as promoting social security and order as well as protecting the legitimate rights and interests of mental patients..This paper is divided into four parts(four chapters)of the criminal compulsory medical system comprehensively,both of the law analysis also has data analysis,to further demonstrate the superiority of the case to reproduce the existence of the system,but also to see because of the influence of many factors,the criminal compulsory medical system still exist many deficiencies need to be improved.In the first part,the definition,nature and necessity of criminal compulsory medical treatment are analyzed.Criminal compulsory medical system is a criminal justice system with dual functions of human rights protection and social defense.It is a major achievement of the reform of the judicial system.In the first chapter,the focus is on the connotation of criminal compulsory medical system analysis,from a legal perspective,further study and distinguish the administrative law in the "compulsory medical treatment" and the criminal procedure law in"compulsory medical treatment" is different,and from the relevant legislation at home and abroad of the criminal compulsory medical system further confirmed the necessity and importance of.In the second part,it makes a comprehensive exposition of the procedural rules of compulsory medical treatment.The criminal compulsory medical treatment is different from the general criminal procedure system in the system design because it is only applicable to the specific object.The criminal compulsory medical treatment in the application of object,examination regulations,trial decision,implementation,supervision,procuratorial rights relief procedure in detail,in-depth analysis and demonstration can be brought about by the development of the system of social and human progress superiority and reality.The third part makes a deep analysis on the problems of the compulsory medical procedure.Criminal compulsory medical treatment in the development process because of the social development is not balanced,the legal system is not perfect,the cognitive ability is limited,the judicial practice is not sufficient,talent reserve is not sufficient,influence of uneven distribution of resources and many other reasons.Criminal compulsory medical system has legislative defects,so it is necessary to find out the conflicts in the legislation and the lack of compulsory medical practice,only to find the reason can be an antidote against the disease.The fourth part puts forward the feasible countermeasures to the perfection of the compulsory medical procedure.At the beginning of the establishment of criminal compulsory medical treatment can not step,step by step to take a seamless heavenly robe,continue to improve the system.For example,to further expand the scope of application,to protect the right to defend the right to regulate the identification process,clear pre-trial enforcement procedures,optimize the trial mode,to strengthen the supervision of the prosecution.From the legislative,law enforcement,judicial,social assistance,as far as possible for the cause of the accident to provide legal protection and the necessary social assistance.