On The Improvement Of The Enforcement Procedures Of Compulsory Medical Care In China

Compulsory medical execution procedure is the compulsory medical service's execution phase;which is aimed at and applicable to mental patient with act of violence crime of endangering public safety or seriously threatening citizen's personal safety.It has the value of social prevention,mental patients' rights guarantee and supplementary to penalty application.However,in our country,the corresponding system is faulty and arable to guarantee mental patients' medical security.The phenomenon that "treating healthy people as mental patients" and "off as mental patients" still exist.That is because our country lacks corresponding legal provisions and judicial and legal procedure have deficiencies.In this paper,the text is divided into four parts:The first part is an overview of compulsory medical execution procedure.It mainly introduce the concept function and law making progress of compulsory execution procedure.The second part discusses the existing questions.It discusses legally required content of CMEP in our country and analyzes the existing questions of CMEP in our country's legal and legal supervision from legalistic considerations.The third part is extraterritorial legislation and reference.It mainly elaborates the CMEP of United States civil commitment system,German public security handle system and Japan medical observation system.Then follows the place where our country can learn and borrow from them through comparative analysis.The fourth part is advice.The writer advises to perfect our country's CMEP by perfecting the legislative stipulation,establishing and perfecting judicial system and completing law supervision system.