Research On The Issue Of Criminal Compulsory Medical Treatment

The criminal compulsory medical treatment procedure is a special procedure specially set up by our country in the criminal procedure for the protection of the right of compulsory medical personnel.2012 New Criminal Procedure Law of the People's Republic of China and Related Judicial Interpretation,May 13,2016,"Measures for the Implementation of the Measures for the Implementation of the Mandatory Medical Execution of the People's Procuratorate"(Trial).The criminal compulsory medical treatment procedure to start the main body,the decision to determine the standard,guardianship,relief,procuratorial organs of the prosecution and other issues to do the principle of legislative provisions.In this paper,the empirical analysis method is used as the main research method.Through the analysis of 100 cases,six small aspects of the four criteria of judging the standard,guardianship,relief and procuratorial supervision of criminal compulsory medical relief are analyzed,and the analysis is different in judicial practice The different practices of the case,through the emergence of the judicial chaos to find its problems and causes,and try to propose a path for the chaos of the judicial chaos in order to improve our criminal compulsory medical treatment procedure.In addition to the introduction and conclusion of the paper,this paper is divided into four parts.The first part mainly elaborates our current legislation on criminal compulsory medical treatment procedure,and analyzes it by law.The second part analyzes the case of 100 criminal compulsory medical treatment cases to judge the standard,guardianship,relief,procuratorial supervision The third part analyzes the causes of the judicial chaos by criminal compulsory medical treatment,and tries to combine the causes of the existence of the judicial chaos in the practice.The third part analyzes the causes of the judicial chaos by criminal compulsory medical treatment,The fourth part of the judicial practice for the treatment of criminal compulsory medical cases in the case of the existence of various problems,put forward the corresponding improvement proposals.