On The Application Of Criminal Compulsory Medical Procedures

In order to meet the judicial practical needs and strengthen the role of the law to stabilize the social order,in the criminal procedure law of 2012,China has added a compulsory medical procedure for the mental patients who are not responsible for criminal responsibility according to law.It creates a trial mode for criminal compulsory medical litigation,and plays a positive role in protecting the rights and interests of the mental patients and promoting the socialist legal system construction.However,due to the inherent lagging nature of the law,the rule of law can not be achieved overnight.This thesis firstly takes the analysis of typical cases as the starting point and focuses on the concept and basic value of compulsory medical procedures.On the basis of in-depth analysis of cases,it is concluded that there are still many problems in the application of criminal compulsory medical procedures.These issues are such as the implementation conditions lacking clearance,psychiatric expertise being nonstandard,temporary protective controlling measures having loopholes,judicial formalization of procuratorial supervision,shortage of medical resources and medical funds.In view of the above problems,combining with the legislative and judicial practice,this paper proposes to improve the criminal compulsory medical procedure in our country,which is necessary to enrich the procedure on the legislative level and continue to strengthen the relevant supporting measures so as to resolve the difficult problems in the application and promote the criminal compulsory medical procedure to develop to a higher level in theory and practice.