Study On The Issues Of Releasing Compulsory Medical Treatment In Chinese Criminal Procedure Law

Because of the lack of legal norms,the procedure of releasing compulsory medical treatment in the judicial practice is not unified.The problems such as the dimness of the rights and responsibilities,unified procedure to handle the same cases,different standards of whether releasing or not need to be settled urgently.The absolute conclusion whether the patient is dangerous cannot be reached because of the latency and whimsy of psychosis.So,based on the principle of procedural justice,we can improve and refine the compulsory medical termination procedures rather than making clear of the medical standard scientifically and carefully.So,the author based on the current of legislation and the judicial environment,combining with the decision documents from Chinese Judgement Documents Website,summarized the problems in different stage of compulsory medical cases.For example,the rights and responsibilities of applicants during the starting stage is not clear,the participants will be hindered by different interests.In the review stage,the law stipulates that the simple standard is vague,which leads to the problems such as the inconsistency of the application procedure,the indefinite period of compulsory medical treatment,the undefined procedure and the unclear of the standard.In the execution stage,the applicants lack the remedy way and the courts lack the execution ability of the result.Therefore,the author reviewed many literatures and selected four representative countries,such as the UK's mental health system court,civil asylum in the UnitedStates,the reintegration of counselor system in Japan,France's security detention system.And then the author concluded the experience,aiming at the problems existing in Chinese compulsory medical treatment cases to,to put forward measures of improvement.The author believes that the improvement measures should include but not limited to the following measures.First,we should unify the procedure of compulsory medical treatment from the legislative level,and clarify the rights and responsibilities of the applicants.Secondly,the detailed procedures should be detailed,such as the regulation of the hearing of compulsory medical treatment cases,including the scale,openness and review mode.Making proof standard and proof rule clear,Expanding routes besides being hospitalized to make the patients fit into society.To sum up,the author hopes that the efforts of this thesis could provide a way for the improvement and further study of compulsory medical procedure in the future.Apart from the introduction and conclusion,the article mainly consists of four parts.The first part mainly outlines the basic content of releasing the compulsory medical termination procedures,through the difference between forced medical procedures,summarize the characteristics of releasing the compulsory medical termination procedures and the significance to improve the procedures of releasing compulsory medical treatment to remove;In the second part,the author provided the problems caused of the judicial chaos and the lack of legislation when handling the cases of releasing compulsory medical treatment.And the third part,the author sums up the experience of releasing the compulsory medical treatment from different countries that belonging to civil law system or common law system.In the fourth part,the author puts forward some ideas and Suggestions to solve the problems in order to make contribution to the legislation and the judicial practicing.