Research On The Improvement Of Criminal Compulsory Medical Removal Procedure

The new compulsory medical procedure established by the Criminal Procedure Code of 2012,which aims to protect public safety in society and treat mental patients,has,in practice over the years,effectively prevented and prevented the recurrence of violent wounding and killing of mental patients.But compulsory medical institutions "only in and out" will inevitably lead to the whole compulsory medical procedures can not run well,to ensure that mental patients in the recovery of mental health can be timely release of criminal compulsory medical care has important social significance.However,the criminal compulsory medical discharge procedure as "export" has the problems of poor operation,legal effect and social effect in judicial practice.This is not only because the existing legislation on the criminal compulsory medical discharge procedure is not clear enough,but also because the value goal of the criminal compulsory medical discharge procedure legislation in our country still needs to be improved.The specific legal system shows that the criminal compulsory medical discharge procedure is not started,the discharge standard is vague,the diagnosis evaluation report is not available,the legal aid is absent,the jurisdiction court is single,the supporting mechanism is missing,the procuratorial supervision is unknown.In order to make the criminal compulsory medical procedure run smoothly,this paper improves the criminal compulsory medical procedure of mental patients from the aspects of sublimating the basic value goal and refining the basic legal system,puts forward some ideas and suggestions to solve the shortcomings of the criminal compulsory medical procedure,and puts forward the legislative value goal of reshaping the criminal compulsory medical procedure first:to safeguard social security and human rights,and to demonstrate judicial efficiency.At the same time,in the design of the specific legal system,we should make clear the starting subject and the starting order of the criminal compulsory medical treatment release procedure,make clear the lifting standard,introduce the third party appraisal institution,increase the relief channel,ensure that the legal aid increases the jurisdiction court,clarify the content and mode of procuratorial supervision,and establish the supporting mechanism.