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Research On Criminal Compulsory Medical Procedure

Posted on:2021-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:P Q LiuFull Text:PDF
GTID:2416330602972813Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The compulsory criminal medical procedure is a special criminal procedure created in order to solve the cases of mentally ill patients suspected of violent acts found in criminal proceedings.The core point is that the judicial organ will use this special judicial procedure to hear whether the mental patient involved meets the compulsory medical conditions.Decide.The establishment of the compulsory criminal medical procedure not only can enable mental patients with personal danger to guilty through compulsory medical procedures,avoid criminal prosecution,and receive supervision and treatment,but also prevent "false mental patients" from using compulsory medical measures to escape Penalties.As the handling of compulsory medical cases has an impact on the basic rights such as the right to personal freedom,health and reputation of the person applying for compulsory medical treatment,whether the criminal compulsory medical procedures are set scientifically and reasonably affects the rights protection of compulsory medical persons.At present,the protection of judicial human rights is a key issue of concern both in the practical and criminal procedural circles.Article 18 of China's Criminal Law and Chapter V of Chapter Five of the newly revised Criminal Procedure Law in 2018 build the framework of the compulsory criminal medical system from the substantive and procedural aspects.In 2016,the Supreme People's Procuratorate issued the "Notice of the Supreme People's Procuratorate on Printing and Distributing the" People's Procuratorate's Compulsory Medical Execution Procurement Measures(Trial)",the judicial interpretation of the Criminal Procedure Law of the" Two Highs,"and the" Procedure of the Supreme People's Procuratorate "issued in December 2019.The Criminal Procedure Rules have further improved criminal compulsory medical procedures and their legal supervision.This makes the procedure of criminal compulsory medical treatment in China more standardized,and the criminal justice civilization of our country has achieved rapid development.However,from the perspective of China's current legislation and judicial practice,there are still many problems.The author introduces the current legislation and judicial practice of China's compulsory medical procedures,supplemented by three cases in judicial practice for analysis.It summarizes the six aspects of China's criminal compulsory medical procedures: the scope of application is too narrow,the application conditions are ambiguous,the decision and cancellation procedures are incomplete,the remedy for the rights of the parties is inadequate,the provisions of temporary protective restraint measures are general,and the legal supervision procedures are incomplete.The problem.Combined with the requirements of the principles of the rule of law,rights protection,safety and efficiency,respectively,it puts forward opinions on the standardization and perfection of each link of the criminal compulsory medical procedure,and strives to make the procedure balance the pursuit of two values of "safety" and "efficiency".Finally,the construction of criminal compulsory medical procedure is a kind of systematic project that requires the support of supporting legal systems to run smoothly along the site.
Keywords/Search Tags:Criminal compulsory medical treatment, Extra-territorial criminal compulsory medical procedures, Temporary protective restraint measures
PDF Full Text Request
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