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The Research On The Hearing System For The Rescission Of Compulsory Mental Treatment

Posted on:2019-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:M H XieFull Text:PDF
GTID:2416330545451511Subject:Law
Abstract/Summary:PDF Full Text Request
The hearing system of removing compulsory medical treatment for mental patients is using hearing procedure in the process of lifting force medical and it is a form of whether to terminate the compulsory medical conclusion based on this.To maximize its role and standardize its operation,it is necessary to institutionalize the compulsory medical hearing system for the mental patients.In the nature,the establishment of this system is a supplement to the compulsory medical procedures to realize the human rights protection of the compulsory medical treatment and improve the judicial credibility.It need to be enhanced on the transparency,openness and fairness and giving the parties an option in the procedures.The system design is based on "three characters and one right" mentioned above and it also accords with the idea of respecting procedure subject in the theory of free choice,so that the rights of the parties are more fully guaranteed.Such transparency and freedom of choice programs more agreed with Chairman Xi in the fourth collective learning political bureau of the CPC central committee general secretary,he put forward the urgent requirements of:"let the people feel the fairness and justice in every perception".In theory,there are still many problems in China's current legislation on the elimination of compulsory medical treatment.Such as:the small legislative quantity,low quality,less fuzzy related subject,not clear power and responsibility,little rules on removing the compulsory medical,no provide first time of removing the compulsory medical treatment,lack of scientific unified standards and the ignored the guarantee of human rights of existing legislation and a series of problems on the protection of the human rights of the parties.In addition,from the point of view of judicial practice,the form of hearing system for the relief of compulsory medical treatment of mental patients in criminal proceedings has emerged in practice.Hearing system is largely to adapt to the emergence of the judicial work of the practical needs,but the application time of hearing system form in the compulsory medical treatment for the mental patients is not too long,and it only made various attempts to practical level,it hasn't established corresponding standard system,so there are still many problems.The main existent problems are;the law foundation is not established,launched standards program is not clear,the subject is not implemented,the responsibilities of the parties are not clear,the process is not straightened and subsequent supporting system mechanism in a blank state.The research on this issue is of great significance and it is necessary to construct and perfect the compulsory medical hearing system for the mental patients from the upper system level.The paper tries to discuss from three parts:the beginning stage,the middle stage and the later supervision stage of the hearing system.In the initial stage of the hearing system,the system design can be carried out from three aspects.Firstly,clarify the conditions for the start of the compulsory medical hearing system and grant the parties the right to choose.Secondly,put forward clearly to apply for the main object and to determine what is the corresponding application acceptance authority,clear ought to attend the hearing system and to determine what is a host and the main responsibility of the regulation is to 'determine the object of supervision;Thirdly,make clear the relevant materials that should be prepared by all parties before the start of the procedure.In the process of the hearing system,it should be referring to the process of hearing of trial and administrative hearing and combining with the particularity of the case of dissolving compulsory medical treatment to standardize the procedure of the hearing system for compulsory medical treatment,in the late stage of the hearing system,it should establish the corresponding guarantee mechanism to ensure that the use of the conclusion of the hearing can be effectively,at the same time,if there is any questions about the process or conclusion of the parties,some unobstructed channels should be provide for help.Thus,a fully set of compulsory medical hearing system for mental patients will be constructed from the three stages of before,during and after stages to standardize the practice of the hearing system.
Keywords/Search Tags:Compulsory medical procedure lifting, Hearing system, Personal danger, Human rights protection
PDF Full Text Request
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