Study On The Practice Of Involuntary Medical Treatment System For Mental Patients Involved In The Case

Procedures for involuntary medical treatment of mental patients legally exempted from criminal liability(hereinafter referred to as "procedures for involuntary medical treatment of mental patients ")is the special procedure of " Criminal Procedure Law of the People's Republic of China(2012 amendment)",making up for the involuntary medical treatment of the "Criminal Law of the People's Republic of China".The procedures have changed the decision-making power from the government to the people's court.It is a manifestation of the transition from administrative to judicial,and is a major step forward in the protection of human rights in the field of criminal justice in China.However,the articles do not solve all the problems in judicial practice.Due to the imperfections of the current regulations,they have caused difficulties in judicial practice,such as the start of involuntary medical treatment,evidence collection,trial,cancellation,and right protection.It deserves further study that how to balance the protection of the legitimate rights and interests of the mental patients involved in the case and safeguard public security and personal safety of citizen's.Therefore,after a brief introduction of involuntary medical treatment,this paper will find out the problems of this current system with the experiences of the people's procuratorate in involuntary medical treatment,and provide some ideas and suggestions about these problems,so that there will be a great improvement of the system in the future.