The Comparative Study Of Criminal Compulsory Medical Treatment System Between China And South Korea

China's compulsory criminal medical treatment is limited to"perpetrating acts of violence,endangering public safety or seriously endangering the personal safety of citizens.Mentally ill persons who do not bear criminal responsibility according to law are identified by legal procedures and may continue to endanger society"[Article 302 of the Criminal Procedure Law of the People's Republic of China].People apply.The criminal compulsory medical system is not a punishment system,but a social security measure.In the process of formulation and implementation of compulsory criminal medical system,special attention should be paid to protecting the legitimate rights and interests of mental patients,resolving the conflict of interests between individuals and society,and making it conform to the fairness and strictness of judicial procedures.China's compulsory criminal medical system has been incorporated into the criminal justice category through the amendment of the Criminal Procedure Law in 2012.A statute has been set up in the special procedure,which is simply stipulated in six articles.Because the perfect system has not yet been formed,many problems have been encountered in the judicial practice process after the legislation.There are many deficiencies in the current institutional framework,which need to be improved urgently.The amendments to the Criminal Procedure Law in 2018 have not made any changes to the compulsory medical system,and retained the original content.It can be seen that the legislature of our country pays little attention to the legislative perfection of compulsory medical system.South Korea implements a guardianship and treatment system for specific persons,i.e.those who are in the state of mental disorders such as mental loss,mental weakness,or in the state of mental disorders such as drug,alcohol and other drug poisoning,children's sexual hobbies,sexual abuse maniacs,etc.,and commits crimes that should be sentenced to imprisonment or more.When it is necessary to give special treatment,education and improvement measures because of the danger of recidivism,a security punishment system should be adopted for the treatment and improvement measures taken in the care and treatment facilities.South Korea's guardianship and treatment system has more than 40 years of legislative and judicial practice experience,and has formulated special laws,with the relevant supporting system.Some specific contents of the system,such as the reasonable determination of the scope of the guardian,the litigation system of the trial-level judgment,the relatively irregular punishment system,the substitution in the execution mode and the order treatment system,etc.Undoubtedly,it has important reference significance for reforming or perfecting our compulsory criminal medical system.The first part of this paper is an introduction,which mainly introduces the purpose and significance of the study,the content and scope of the study,research methods and so on.The second part introduces the criminal compulsory medical system,explains and analyses the concept and nature of the criminal compulsory medical system,and focuses on the significance of the existence of the criminal compulsory medical system.The third part combs the legislative process and current situation of the compulsory medical system in our country.That is to say,from ancient legislation to the Criminal Procedure Law in 2012,compulsory medical system has been formally incorporated into the legislative process,and the compulsory medical system in our country has gone through a series of processes from zero.From the general provisions to be included in the judicial process,gradually improve.At present,China's compulsory criminal medical system has five components,namely,initiation,trial,implementation,relief and supervision.The fourth part of this article introduces the guardianship and treatment system in Korea.The introduction of Korea starts from three aspects:legislative evolution,legislative status quo and existing problems.Among them,it focuses on the institutional provisions which are not available in China at present.The fifth part of this paper compares the compulsory medical system between China and Korea,and makes an analysis and comparison from the aspects of common ground,difference,superiority of Korean system and deficiency of legislation in China.The sixth part of this paper is to compare the compulsory criminal medical system between China and Korea,summarize the Enlightenment of the Korean guardianship and treatment system to our country,the author puts forward six suggestions for improvement.At the end of this paper,the author summarizes this article and puts forward the expectations of future legislative improvement.The improvement of criminal compulsory medical system should run through every stage and every step.The whole criminal compulsory medical procedure can be divided into identification stage,initiation stage,trial stage,execution stage,supervision stage and relief stage.Although different stages have different requirements,they are interrelated and interdependent,so the improvement of the whole procedure should also be embodied in each stage.