On The Application Of Criminal Compulsory Medical System In China

The new "Criminal Procedure Law" revised in 2012,additional provisions of the mentally ill criminal law forced medical procedures,fill up the blank in the legislation,marking the system of our country has been initially set up platform.But this new system applied in our country has experienced only four years,there are still details and to consider in judicial practice.Therefore,it is necessary to make a thorough study on the theory level of compulsory medical treatment system.The full text is divided into five parts,to be combined with judicial practice to explore the application of compulsory medical treatment system in our country.The first part is the introduction,which explains the background,literature review and the source of the paper.The second part is the main body,which leads to the legal application of the judicial organs in the case of compulsory medical treatment.The third part describes the legal issues of compulsory medical treatment system.First discusses the concept,nature and characteristics of the criminal compulsory medical treatment,then discusses the application of the principle,the final analysis of the legislative shortcomings.The fourth part is to put forward the proposal of the system at the legislative level.The fifth part summarizes the thesis on the basis of the overall content,from the present situation of the legislation of compulsory medical treatment system and the increasing contradiction of psychosis,compulsory medical treatment system to maximize the value of the exercise of the criminal procedure law established,in order to achieve the purpose of maintaining social stability.