The Legislative Limitations Of China's Compulsory Medical Treatment System And The Analysis Of Its Improvement

Mandatory health care in China means that the perpetrator who cannot identify and control his behavior,consciousness,and spirit has committed violence,and after conducting professional judicial psychiatric evaluation,he has maintained social public safety and public personal property.Security and other considerations,and referring them to the physical measures taken by the mental health institutions for shelter and relief.As a relatively special social group,people with mental disorders need more than just the family's care and protection for them.They also need the government to give them various assistance.In terms of existing laws and regulations,both substantive laws and procedural laws have very many provisions on compulsory medical treatment.However,these regulations still have very big problems.In recent years,there has been an increase in mischiefs and misfortunes among mentally ill patients,and the crime rate has increased year by year.The perpetrators of illegal crimes are deemed to have no need to carry out criminal liabilities after being subjected to statutory procedures.They are not given effective treatment and systematic management.The possibility of harming the public and the society once again is extremely high.From the analysis of the existing legal provisions,there are many provisions for compulsory medical treatment.However,these regulations still have very big problems.These issues are mainly reflected in the single object of application,the application conditions are not clear,the scope of the subject is too narrow,the implementation process is not clear,and the supervision and relief system is not perfect.Due to the special nature of criminal compulsory medical treatment and the complexity of mental illness,trials of such cases are often plunged into application disputes.Cases of different judgments in the same case occur from time to time.The reasons are mainly due to the fact that the legislative provisions of compulsory medical treatment are too simple and the procedures are not perfect.As a result,the author believes that it is necessary to further improve China's compulsory medical care system,and measures to improve legislative defects include expanding the range of applicable objects,clarifying applicable conditions,expanding the scope of the subject,improving the appraisers' court appearance system,and improving implementation.Procedures and perfect supervision and relief procedures.In order to improve the legislation of compulsory medical treatment,the compulsory medical system can make its functions better.