Study On The Criminal Compulsory Medical Procedure In China

Because of the particularity of their diseases,mental patients are widely concerned by the society.The number of mental patients in our country should not be underestimated.Mentally ill people often kill or injure.The criminal procedure law of our country has set up the criminal compulsory medical procedure.Eligible mental patients shall be subject to criminal compulsory medical procedures and they are treated in a closed compulsory medical institution.Compulsory medical institutions try to cure their diseases to prevent them from harming society again.At the same time,because mental illness is special,the criminal compulsory medical procedure pays attention to the protection of mental patients.The establishment of criminal compulsory medical procedure is the progress of China's criminal procedure law,but any law needs time to develop and improve.It is necessary to perfect the law according to the problems in practice.Firstly,the author analyzes the legislative basis of the criminal compulsory medical procedure.The author analyzes the legislative basis of China's criminal compulsory medical procedure from three aspects: the consideration of the particularity of mental patients,the inevitable requirement of procedural justice and the theoretical support of social defense.It is necessary and scientific to establish the criminal compulsory medical procedure in our country.Secondly,the author elaborates the foreign legal provisions and the enlightenment to our country.The author studies the legal provisions of the United Kingdom,the United States,Russia and Japan and gets inspiration.The author draws lessons from the foreign advanced experience to promote our country criminal compulsory medical procedure development.Thirdly,the author analyzes the problems in China's criminal compulsory medical procedures.China's criminal compulsory medical procedures for the application of the elements of the law is not perfect,the trial procedure of criminal compulsory medical procedure needs to be perfected,both operability and legitimacy of the post-trial procedure are problematic,the internal connection of the program is not smooth,the rights of the mental patients and the victims are inadequately guaranteed.From these aspects,the author analyzes the shortcomings of China's criminal compulsory medical procedures.Finally,the author puts forward the countermeasures to improve the criminal compulsory medical procedures.According to the problems existing in the criminal compulsory medical procedure,the author suggests to perfect the applicable requirements from three aspects: clarifying standards,clarifying relations and broadening objects.Combined with the procedural difficulties faced by public security organs,courts,procuratorates and compulsory medical institutions in the criminal compulsory medical procedures,the author suggests to perfect the trial procedure and the post-trial procedure.At the same time,the author suggests straightening out the internal procedures of criminal compulsory medical procedures.The victim should be given the right to initiate Suggestions and incidental civil litigation,and the mental patient's right to appear in court,the right to know and the right to legal aid should be guaranteed.The above measures will strengthen the protection of rights in criminal compulsory medical procedures.The author also discusses the criminal compulsory medical mediation system,conditional release system and other supporting systems.The author makes every effort to put forward feasible suggestions for the improvement of China's criminal compulsory medical procedures.