Study On Criminal Compulsory Medical Procedure For Mental Patients

In the context of advocating human rights protection and social defense in all countries,the criminal procedure law of 2012 added "compulsory medical procedures for mentally ill patients who are not legally responsible for criminal responsibility" in chapter 4 of chapter 6,The provision is made by the court to determine whether psychiatric patients are required to be admitted to the hospital by a statutory procedure,the regulation initially set up a platform for criminal compulsory medical procedures.The establishment of criminal compulsory medical procedures is more conducive to limiting public rights to protect private rights,and to break the characteristics of the previous mandatory medical administration.But on a theoretical level,the "Criminal Procedure Law" in 2012 only made principled provisions on criminal compulsory medical procedures,although a number of judicial interpretations were subsequently introduced,its provisions were further refined.however,the program still has some deficiencies.If there is a single main body of psychiatric forensics?the application object is too narrow?the lack of rights of the parties and the uncertainty of temporary protective restraints are not clear;On a practical level,due to the lack of procedural provisions,the application of this procedure in judicial practice has three major problems:"constraint difficulty","implementation difficulty" and"treatment difficulty".The problems exposed by criminal compulsory medical procedures are not conducive to the realization of its purpose,It also seriously violates the legitimate rights and interests of mental illness.In order to strictly regulate the implementation of criminal compulsory medical procedures,it is necessary to further improve the procedures.In view of this,China should pass an analysis of the legal provisions of criminal compulsory medical procedures in foreign countries.summarize its relatively mature place,combined with the present situation of judicial practice in China,in the premise of adhering to the statutory principles and proportional principles,further refine the provisions of criminal compulsory medical procedures and make up for the gaps in its legislation.For example,the requirements for compulsory medical treatment conditions,temporary protective restraint measures,and procuratorial supervision shall be further refined.To further perfect the areas where the starting body of compulsory forensic examination and compulsory medical treatment are single,and the rights of the parties are guaranteed.