Research On The Criminal Compulsory Medical Treatment For Mental Patients In China

In recent years,with the frequent occurrence of violent incidents made by mental patients,people from all walks of life have given extensive attention.Article 18,paragraph 1 of the Criminal Law of the People's Republic of China stipulates that mentally disabled patients should be “compulsorily treated by the government when necessary” due to a lack of rationality or control.However,there are many loopholes in its practice because it is too principle.Since the 2012 Criminal Procedure Law added the procedure of the compulsory treatment procedure for mental patients,the discussion on the compulsory medical system has not stopped,in addition,the mess of the mental patient's treatment in our country is obvious to all,in view of this,this paper proposes the concept of criminal compulsory medical treatment and related theories to start,through drawing lessons from the foreign countries' advanced experience,analysis of the current problems in China's current mandatory medical procedures,and then outline the Chinese model of criminal compulsory medical treatment system.Compared with foreign countries,China's criminal compulsory medical treatment has defects such as the single application object,the ambiguity application conditions,and uncertainty of the procedure and legal relief channel.In order to further improve China's criminal compulsory medical treatment system,and better realize the values of human rights protection and due process,this paper analyzes the situations of mental patients and explore the advanced foreign legislation experiences on compulsory medical treatment,hoping to regulate the compulsory medical treatment from both substantive and procedural aspects,at the same time,it is imperative to establish a comprehensive community mental rehabilitation system in terms of related supporting measures in the compulsory medical treatment system.The above measures will not only help promote the legislative improvement of the system,but also be conducive to the healthy operation of the judiciary and the protection of the interest of mental patients.As a disadvantaged group in the society,mental patients need the inclined protection of the law.Protection of human rights is also a value concept of criminal law and criminal procedure law.Therefore,only by establishing a sound law and an supporting judicial procedure,can we fundamentally implement the essence of the value of human rights protection and due process,and promoted the legalization process of China.