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Research On The Role Of Lawyers In The Compulsory Medical Procedures Of Mental Patients

Posted on:2019-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:X H WangFull Text:PDF
GTID:2416330548469300Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The thesis is based on the percentage of judgments downloaded by the china adjudicatory documents website,Therefore,the empirical research method and the quantitative comparative analysis method are the main research methods in the process of writing this paper.The reason why the thesis uses the open judgments as a breakthrough to study the role of lawyers in compulsory medical procedures for mental patients is that the judgments are the confirmation on the behavior in social life,and the problem is closely related to the present situation of our country and the life of every citizen.The first chapter mainly introduces the research background,the research significance and the current situation of the research.At the same time,this chapter makes a brief introduction about the research methods,the research focuses and the research difficulties as well as the expected results and the possible innovations.In the second chapter,the author analyses the problems encountered by lawyers in the practice of compulsory medical cases involving mental patients.It is divided into two subsections:the first section is a summary of the research on 100%judgment,and a detailed introduction to the sources of the research data and the intention of selecting materials;The research samples are classified according to different classification criteria.The second section combs the research samples in practice there are four main problems:1.In practice,there is the situation that the respondent in the compulsory medical procedure has not obtained the help of a lawyer;2.Although the newly amended Code of Criminal procedure refers to lawyers in compulsory psychiatric care cases There are provisions,but in the study of the sample combing or found that there is a problem of inconsistent appellation;3.The effect of legal aid provided by lawyers in court is not good,combined with the data that the lawyer's legal opinion was not accepted by the court in the trial stage,it shows that the effect of legal aid provided by lawyer in court is not good.4.Through the analysis of the internal data of Hunan Province,it is found that even in the same province,there is an imbalance in the distribution of lawyers' help in the region.The third chapter analyzes the reasons behind the problem of lawyer's help in the compulsory medical procedure of mental patients.After summarizing and summarizing the research samples,we find that the reasons mainly include four aspects:first,the lawyer's attendance at court provides legal help to fail to meet the legal standards;second,the injunction that the lawyer fails to make the title in the mandatory medical procedure;The third reason is that the law does not have operability and the judges do not attach importance to the synergy is an important reason for the poor participation of lawyers.Fourthly,the uneven distribution of the number of lawyers is an important reason for the insufficient participation of lawyers.The last Chapter makes a conclusion of the overall research,the design from four aspects of the role of lawyers in the mental patients forced medical procedures:first,strengthen the construction of the rule of law to perfect the legal provisions,guarantee lawyers have the right to participate in;two,increase the cost of violation of legal procedures,"the law" is no longer a slogan;three,to improve the legal aid to strengthen the construction of lawyers as an opportunity to improve the quality of a lawyer;four,the establishment of law in Ankang hospital room and give it the right of supervision.
Keywords/Search Tags:Judgments, the role of lawyers, compulsory medical treatment, duty lawyer
PDF Full Text Request
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