The Study On The System Of The Compulsory Medical Treatment Of Mental Patients

At present,more and more attention has been paid to the special group of mental patients.Article 18 of the criminal law of the People's Republic of China stipulates: If a mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct,upon verification and confirmation through legal procedure,he shall not bear criminal responsibility.In 2012,the Criminal Procedure Law of the People's Republic of China also stipulated the procedure for compulsory medical treatment of mental patients who are free from criminal responsibility.This realizes the transition of compulsory medical treatment from administration to judicial system.In judicial practice,there are some problems such as incomplete programming,the disconnection of application of procedure and judicial practice.In this paper,the author puts forward some suggestions on the compulsory medical treatment of mental patients.This paper is divided into three parts.The first part is to outline the compulsory medical treatment of mental patients.The author firstly expatiates the concept of mental patient from medical and legal perspectives and analyzes the definition,nature,application conditions and value embodiment of compulsory medical treatment respectively.The second part discusses the current situation of the compulsory medical treatment and existing problems of mental patients.Firstly,the author discusses the current situation of starting,hearing,implementing and supervising the compulsory medical treatment of mental patients.Secondly,the author discusses the problem of the start-up procedure from the uniqueness of the applicable object,the limitation of the start-up subject and the imperfect evaluation procedure.Thirdly,the author discusses the problems of the ambiguity of the object of supervision and the formalization of the supervision process.The third part is about the improvement of the compulsory medical system of mental patients.In this part,the author puts forward suggestions on perfecting the temporary protection place and perfecting the hearing,execution and supervision,and puts forward his own opinions on perfecting the supporting measures.