A Study On Compulsory Medical Procedure From The Perspective Of Judicial Practice

This illegal act that acts of violence perpetrated by a person who can't bear criminal liability after the statutory procedure to identify is not resolved through common criminal procedures.However,we must take some measures to stop psychopaths from endangering society constantly.According to the relevant provisions of the criminal law,the people meeting particular conditions need compulsory medical treatment.Due to physical and mental defects,psychiatric patients need a good program to protect their rights and interests.Compulsory medical procedures are born in such an environment.The new criminal procedure law amendment in 2012(hereinafter referred to as the Criminal Procedure Law)has added an article,which is about "compulsory medical procedure for psychiatric patients without criminal responsibility in accordance with the law"(hereinafter referred to as "compulsory medical procedure").Compulsory medical procedure as a special procedure appears in the field of criminal proceedings for the first time,which provides a legal basis for the legitimate rights of mental patients and the public security of the community.The paper mainly discusses the court's judicial adjudications about compulsory medical treatment.This paper first discusses that the judge can't form inner conviction because of ambiguous legal provisions and complicated judicial expertise through analyzing the relationship between compulsory medical procedure and the criminal ordinary procedure,and analyzing the present simple articles from the actual data.Then,the thesis draws a conclusion that the judge should follow the principle of legality,proportionality and equality,because compulsory medical treatment prevents risks in the future.Finally,the paper comes up with some suggestions relevant to burden of proof,standard of proof and how to improve the forensic psychiatric appraisal.The paper is divided into four parts.The first part sketches the acceptance and hearing of our country's compulsory medical procedure in practice as well as compares with ordinary criminal proceedings,which emphasizes the particularity of compulsory medical procedure at trial.The author uses compulsory medical treatment data of her city to reflect the practical experience of this procedureThe second part describes the application difficulties of compulsory medical procedure in practice.The difficulties are mainly in the following aspects:firstly,the behavior element of compulsory medical procedure is difficult to identify.Secondly,the judgment of disease condition relies excessively on forensic psychiatric expertise.Thirdly,there are too many uncertain factors of personal danger.Fourthly,compulsory medical procedure has no uniform standard in judicial practice,which is harmful to judicial authority.The third part points out that the application difficulties of compulsory medical procedure are because this procedure preventing future risks is unknown.The application of this procedure has three legitimate reasons(due process,social defense and medical assistance).Due to the unknown nature of future risks,the judge should follow the principle of legality,proportionality and equality.The last part puts forward a few suggestions about how to solve the application difficulties of this procedure.On one hand,,the paper supplements the body content with the procedural content such as the burden of proof and the standard of proof from procedural and substantial aspects.On the other hand,the thesis describes in detail the identification standard of criminal responsibility and constant social harm,which strives to make mandatory medical procedure play an important role in protecting the legitimate rights and interests of psychopaths and the social security.