On The Improvement Of The Pretrial Procedure Of The Criminal Compulsory Medical Procedure

The new Criminal Procedural Law in 2012 define Criminal Compulsory Medical Procedures in the specific chapter in order to solve the social issue of mental patient violent crime.The Criminal Compulsory Medical Procedures can be divided into start-up procedure,trial procedure,execution procedure,and relif procedure.The Criminal Compulsory Medical Procedure can be divided into pretrial procedure and judical procedure refer to the common criminal procedure.All the procedures before court-day can be collectively called pretrial procedure.The pretrial procedure is the start and the most important part of the whole Criminal Medical Procedures,it plays an important role in guiding the whole Criminal Medical Procedures.But,related law is incomplete,which led to some problems in practice,and we need to take some steps to improve as soon as possible.The first chapter state the basis issue of the pretrial procedure of criminal compulsory medical procedures.Based on the basis of clarifying the concept and features of pretrial procedures,analyzing the value of the pretrial procedure,which can lay a solid foundation for the following research.The second chapter is mainly about the legislation regulation of the pretrial procedure of the criminal compulsory medical procedures,including the suitable objects and the start-up procedures.The suitable object of criminal compulsory medical procedure is so conservative that only concludes the mental patients who don't take the criminal responsibility according to law,but commit violent acts,endangering public security and the citizens'ersonal safety,may continue to harm society.The start-up procedures can be into three conditions:the public security organs write the compulsory medical advice and submit it to the procuratorate to applying for compulsory medical service in the investigation.The procuratorate apply to the people's court for start-up in the stage of review and prosecution.The court start the procedure on authority.The third chapter points out the deficiency of the legislation regulation of the pretrial procedure of the criminal compulsory medical procedures.The scope of the suitable object is narrow that only concludes the mental patients who don't take the criminal responsibility according to law when he commit a crime.The applicable objects standard is not clear,and there is no definite provision for the applicable standard of "the possibility of continuing to harm society".The applying subject is so limited,the judical organ controls the starting power.Interface with ordinary procedure is unknown,how to protect the victim after the termination of ordinary procedure is unknown.The forth chapter is about the countermeasures to perfect the pretrial procedure of the criminal compulsory medical procedure.Aimed at the deficiencies mentioned at the third chapter,for using the experience of other countries for reference,this part state the measures to perfect the pretrial procedure of the criminal compulsory medical procedure after analyzing from the aspects of legislation,theory and practice.As for the improvement of entity elements,the sphere of target audience has enlarged to restricted responsible criminals as well as prisoners,which can be expanded to persons who are not able to be on trial when conditions permit;Refine the applicable condition,strict appraisal program,clarify the criterion of the possibility of continuing to harm society";As for the improvement of applying subject,increase the rights of start procedure of suspects or defendants and their statutory agent?pleader?near relatives and the victim and their statutory agent?legal representative?near relatives.As for the interface with ordinary procedure,we should distinguish the difference stages of litigation procedure and perfect the right remedy after the termination of the criminal ordinary procedure.