The Problems And Solutions Of The Mandatory Medical Proceeding In Our Country

The Mandatory Medical Proceeding refers to some medical treatment to a mental patient,who has committed violent of endangering public security or causing serious damage to citizens' personal safety and shall not bear criminal responsibility in accordance with the law.Before the revised Criminal Procedure Law,there's few clear rules for the treatment of the mental patients.Only the principle of article 18 of the Criminal Law provisions,but for the mandatory health by the government of "necessary" is not clear.At present,China has huge number of people with mental disorders.On one hand,because of the lack of effective supervision,some people with mental disorders hit and cause an accident,or even cause serious damage to the citizens' personal safety,which has become an important factor of affecting the social harmony and stability.On the other hand,due to the lack of applicable procedure both in the legislative and judicial field,"psychosis" cases in some place are becoming a hot spot of social public opinion,causing intense questioning.For these reasons,the Criminal Procedure Law creates a new revision of "mandatory medical proceeding of the mentally ill with no criminal responsibility".And on this basis,The Supreme People's Court has made a judicial interpretation to further clarify and supplement,providing more detailed specification guidelines and operating conditions for the judicial practice department.However,because it is a new thing,the corresponding supporting mechanism and measures have not been followed,encountered in the implementation of some legal blind spots.Since the Criminal Procedure Law 2013 come into force,this system has been brought into effect for more than three years.At this point,it is necessary to survey the system systematically and comprehensively,from the legislative spirit,the nature,features and problems of the system.Also we must draw lessons from the advanced experience of foreign legislation and judicial,and find the solutions,in order to meet practical needs.This paper mainly includes four parts:The first chapter is the overview of the proceeding.Combined with the literature,it clarified the concept and nature.Through the analysis of the cases&the data,this paper discussed the necessity of to set up the mandatory medical procedures and its value pursuit.This chapter summarized thepractical attributes in the judicial practice,understanding the status of the system in our country,so as to lay a foundation for the following analysis of the problems.The second chapter expounded the difficulties and problems,analyzing its characteristics and reasons.From the point of practice,it includes: fuzzy standard of social harmfulness,shortcomings of lawful rights for the victims and their close relatives,and lack of medical institutions and funds,etc,which have severely restricted the maneuverability of the system,and lowered the legal effect and social effect.The third chapter analyzed outside compulsory medical procedures.We draw lessons from foreign legislation and judicial practice of this system,in order to acquire further understanding and give relevant perfecting suggestions.The legislation and judicial practice in the United States and Japan are chosen to be introduced in detail.We could get a lot of enlightenment,such as the compulsory defense system,adversarial trial mode,professionals to participate in the trial,perfect medical system&community service,and so on.On the basis of the above,the fourth chapter put forward the solutions of perfecting our country's mandatory medical procedures.In conclusion,a complete set of supporting mechanism is needed to improve the proceeding in the legislative system.