Criminal Compulsory Medical Enforcement Of Perfecting Procuratorial System

In 2012 the new "criminal procedural law" amendment,construct the compulsory medical procedure has the characteristics of the criminal Chinese,will be the first important problem of mental patients forced medical procedures this relates to personal freedom of citizens into the program,the basic rights of the lack of mental patients criminal responsibility was effective and timely treatment,the legitimate rights and interests are fully the protection of public safety,safeguard,make our criminal judicial civilization is a big step forward,highlighting the level of protection of human rights in China,has milepost meaning is.Compulsory medical procedure as a "criminal procedure" in the new "criminal procedural law" should be clarified,and provisions for compulsory medical decision and execution by our country's legal supervision organs,the People's Procuratorate to implement new responsibilities,give the prosecution of criminal compulsory medical supervision according to law,but also a new field of procuratorial organs the criminal procuratorial departments to carry out inspection and supervision of the implementation of compulsory medical treatment.The new law enacted after the implementation of the procuratorial supervision practice for the implementation of the compulsory medical point of view,China's current implementation of compulsory medical activities still exist in the implementation of the main body is not clear,the temporary protective measures to compulsory restrain the execution is not strictly implemented in accordance with the law,medical institutions and lack of funds,small number of compulsory medical arbitrarylarge many defects such as lifting.The procuratorial organs to fully fulfill compulsory medical executive oversight responsibilities,needs to be based on the reality of our country,referencing the successful practices of the current compulsory medical treatment system to improve enforcement of procuratorial system,to promote China's compulsory medical execution of legalization and standardization.The full text is divided into four parts:The first part expounds the connotation and theoretical basis of compulsory medical care system and procuratorial system in our country.Discusses the criminal judicial attribute of compulsory medical treatment,clear the current implementation of compulsory medical framework of procuratorial system,clarify the level by law since the court decided to court decided to terminate the compulsory medical compulsory medical treatment,the stage of criminal compulsory medical execution procuratorial system the connotation of criminal compulsory medical execution procuratorial system contains power restriction,the protection of human rights and rights relief and criminal execution procuratorial theory expounded from the aspect of value.The second part compares the compulsory medical enforcement system in some foreign countries.To represent the common law and civil law countries,the United States and Japan as an example,analysis of the characteristics of the compulsory medical procedures and procuratorial supervision system,in the macro comparison and found that China's compulsory medical activities lack of implementation system design;combined with China's actual conditions and improve enforcement subject,execution mode,such as the implementation of safeguards the system of medical advice execution in china.The third part uses the method of empirical analysis,summed up the practice data,proposed the existence of China's current criminal compulsory medical procuratorial supervision system,supervision by the local people's procuratorates for compulsory medical treatment of the implementation of the case as an example,from the micro level analysis of the practice of temporary protective measures to restrain the supervision of public security organs,virtual delivery implementation of weak supervision,implementation of the lifting procedure main body is not clear,lack of interoperability,"temporary executive agencies" serious violations of medical supervision in the process of supervision blank,maintain the debtor legitimate rights and interests of the poor effect of specific issues such as causes and solutions.The fourth part is to find out the perfect countermeasures in the operation of procuratorial supervision system of criminal compulsory medical enforcement in china.According to the procuratorial supervision system,we should further establish the principle of supervision,clarify the subject and object of supervision,clarify the content of supervision,perfect the mode and method of supervision,and strengthen the effectiveness of supervision.First,strictly respecting and safeguarding human rights,the three principles of criminal legal supervision and procedures;second,procuratorial organs procuratorial departments as a compulsory medical law enforcement supervision subject status,clear the public security organs or the agency authorized and executed court execution supervision object for compulsory medical treatment;third,the compulsory medical supervision content the detailed implementation of supervision,implementation and supervision activities were delivered,compulsory medical treatment and the use of funds supervision,supervision,supervision and relief five aspects of compulsory medical supervision for temporary restrictive protection measures;fourth,compulsory medical mode should be based on the implementation of the prosecution procuratorial as the norm,to tour procuratorial work to supplement,compulsory medical supervision should be establish a supervision mechanism as the focus,and focus on strengthening the ability of procuratorial personnel to supervise the construction;fifth,the government should standardize the application,correct the illegal,reasonably put forward the procuratorial suggestions,strictly implement the responsibility investigation,and comprehensively use the procuratorial means to improve the procuratorial supervision effectiveness of compulsory medical enforcement.