Theory Of Mental Patients In Our Country Criminal Compulsory Medical Procedure Legislative Defects And Perfect

With the improving socialization and surging economic development,there has been an increasing number of cases that these patients of psychotic episode have caused public or private property damage and personal injury.In 2012,Chinese law was amended and first made criminal compulsory medical procedures for psychiatric patients in criminal procedure law,which stipulates a more systematic set of rules about criminal compulsory medical treatment of mental patients.However,it remains many problems in both legislation and reality aspects.This paper is trying to provide some suggestions in terms of legislation,so as to perfect criminal compulsory medical procedures of mental patients.The first part is about the summary of criminal compulsory medical procedure for mental patients.First of all,the author explores the concepts,features and properties of both criminal compulsory medical and criminal compulsory medical procedures for psychiatric patients.Only on the premise of clearly defined concept,can we accurately grasp the essence of this problem.Secondly,the author analyzes the theoretical value of criminal compulsory medical treatment in terms of the theoretical level,including the following aspects: legal thought,human rights thought,procedural justice and substantive justice.Finally,the author makes a clear analysis of the legislation of the criminal compulsory medical procedure from the Earliest Times to the Present Day.The second part mainly analyzes the current legislation status and defects of criminal compulsory medical procedure in China.It mainly includes narrow suitable scope,unclear suitable conditions,unreasonable boot configuration of criminal compulsory medical procedure for mental patients,imperfect procedure of court trial,unfulfilling remedy measures,legislative deficiency in the procedure of execution,insufficient execution supervision and so on.The third part mainly introduces the relatively complete legislative experience with regard to criminal compulsory medical procedure in several countries of continental law system and Anglo-American law system,such as Britain,the United States,Germany and Russia.Foreign mature legislation experience would provide reference and inspiration for us.The fourth part aims to put forward some feasible solutions to the problems of the second part,mainly including the following aspects,to expand the applicable objects and scope ofcompulsory medical procedures,to clear the applicable conditions of compulsory medical procedures,to entitle more persons to start criminal compulsory medical procedures,to perfect the procedure of court trial and to make execution procedures more operable.On the road of legal construction,we will certainly encounter many problems and challenges.However,the future is bright,though the road is tortuous.The author hopes that the above suggestions will play a reference role on improving China's mental patient criminal compulsory medical procedures.