Research On Temporary Protective Restraint Measures Before Compulsory Treatment

Compulsory medical temporary protective restrictive measure is compulsory measures for mentally ill patients with special criminal responsibility.It is significant for the development and improvement of the whole criminal procedure system,but it is coarse and highly criticized for no details.It isn't clear about the nature,execution place,execution time and effect of temporary protection restriction measures for mentally ill patients,which makes the implementation of the system lack of standardized guidance.On the surface,the problems is that restraint measures are not standardized,but in fact,they may infringe the human rights of the mentally ill suspects,so the relvant laws should be improved.The improvement should accurately grasp the theoretical premise of restraint necessity review under specific conditions,based on the relevant laws and regulations of our country and existing in China,and referring to the experiences of other countries,through the following ways: build a mental illness prevention database/design award constraint licensing temporary protection of judicial intervention/ give full play to the role of legal supervision power of procuratorial organs at the same time,according to the mental patient restraint protection necessity review/ strengthen the psychosis criminal suspects personal freedom rights,to further implement the eighteen party and state the lenient and severe criminal policy and the principles of criminal law.