Research On Mandatory Medical Procedures For Mental Patients

The troublemaking of mental patient occurs frequently, it has brought about serious threat of social security and personal safety. 2012 "Criminal Procedure Law" added "the Procedure of Compulsory Medical Treatment of the mental patients who are not responsible for the criminal responsibility ". Explicit provision has been made for the applicable object, condition, starting procedure, trial procedure, decision subject, right relief and prosecutorial supervision of Compulsory Medical Service.The establishment of the system fills up the blank in this field and builds a law institutional framework of Criminal Compulsory Medical Treatment together with the subsequent Judicial Interpretation. The paper mainly focuses on the analysis of the judicial actuality of the Procedure in China and provides useful references for the further study of Compulsory Medical Treatment. It is mainly divided into four parts:The first part mainly introduces the basic theory of the Compulsory Mental Treatment. The characteristics of compulsory medical procedure are distinguished from the general criminal procedure by carrying out the conception of the special procedure and the definition of mental patient.The second part focuses on the study of foreign system of the Compulsory Medical Treatment through the comparison of the legal law system between the common law system and the continental law system. The main current, the advanced experience and system of legislation are summarized in order to provide reference for the study of compulsory medical procedure in China.The third part analyses the legislation and the judicial operation of the new "Criminal Procedure Law" and its corresponding judicial interpretation to explore the shortcomings of the Compulsory Medical Procedures in China from the following aspects: pretrial procedure, trial procedure and the implementation.In the fourth part, the effective corresponding solutions are presented from the aspect of pretrial procedure, trial procedure and the implementation process by taking the reference of advanced experience of foreign countries and combining the actual situation of our country.