The Present Situation And Possible Strategies On The Compulsory Medical Treatment Under Government Management In Shanghai

Recently,more and more serious cases are caused by those who suffer from mental disorder,which is harmful to the sustainable development of our society.Due to the ambiguity caused by Criminal Law and People's Police Law,many problems occurred.In order to standardize compulsory medical treatment,Amendments on The Criminal Law of the PRC was passed on the fifth meeting of National People's Congress on Mar.14^th,2012.In the chapter four of the Criminal Procedure Law,it defined the compulsory medical treatment procedures for the psychopath without capacity of criminal responsibility.In December,the Supreme People's Court announced the latest conduct of the Judicial Interpretations of criminal procedure law by the Supreme People's court.It also refined and explained the relevant regulations to the compulsory medical treatment in the criminal procedure law by the Supreme People's court,which may ensure a better judicial practice.However,according to the present conduct of compulsory medical treatment in our country,though it has a wide range of requirements,it's quite difficult to break compulsory medical treatment.In order to analyze the obstructive factors affecting the smooth implementation of criminal compulsory medical treatment,the author starts from the perspective of domestic policy implementation,Classifies the main factors of the governance theory,and probes into the difficulties and causes encountered in the process of criminal compulsory medical treatment termination.This paper takes the coerced medical treatment as the research object in the Shanghai criminal compulsory medical treatment procedure,mainly focuses on the governance subject:the guardian of the coerced medical treatment person and the execution organ of the community mental health organization of close relatives to carry out the interview to find out the problem of the unsmooth lifting of Shanghai criminal compulsory medical treatment procedure.Then,through the policy implementation theory,the causes of the obstruction were analyzed in depth.First,the content of the implementation,i.e.the provisions of the criminal compulsory medical procedures were too general,which was not conducive to the formation of public participation in society.Second,the main executor factor,public security bureau and court is independent,lacks the department coordination;The third factor is the target factor,and the compelled medical personnel are not valued,while the guardians and their near relatives'grass-roots mental health institutions are unwilling to take the initiative to assume the responsibility for the coerced medical person.In view of the above problems.According to the connotation of governance theory.The author puts forward countermeasures and Suggestions.First,the government to open up channels to solve the dilemma;The second is to help the guardians to enhance their ability to perform their duties;Third,the community and mental health institutions to cooperate actively;Fourth,the media should intensify objective and positive publicity.The conclusion of the study shows that the dilemma of Shanghai criminal compulsory medical procedures relief involves many problems and requires multiple subjects to participate in the governance,so as to solve the dilemma of Shanghai criminal compulsory medical procedures relief.