Study On The Application Of Criminal Compulsory Medical Procedure

With increasingly take off China's economic and social development,social competition has intensified,the people's mental health problems,especially the hit and cause trouble issues related with the mental patient no longer neglected or hide,but in recent years,more and more are reported and attention from all walks of life to how to deal with the violence,continuously produce casualties or major social safety accident of the treatment of people with mental illness have more discussion and research.To keep up with the development of The Times as well as the effective rules of accidents cause trouble mental patients or their recidivism possibility,in 2012,specialized in China will be the mental patient accident cause trouble disposal according to defined as compulsory medical procedures and formal legal form in the criminal procedure law special program,which fills the involving mental patients in our country in the field of criminal procedural law blank,let people fear for a long time "a armed madman" problem become laws,further perfect our country special legal questions involved in criminal field.As a special criminal procedure,the procedure of criminal compulsory medical treatment has the basic principle of setting up the general criminal procedure.At the same time,the application procedure must be carried out in strict accordance with the provisions of legal procedures,and the abuse of power is strictly prohibited.As a newly established procedures,however,it is different from the special procedure of the criminal ordinary procedure,and its application in model must not follow normal procedure,and combined with the existing relevant laws and regulations for the provisions of this program is relatively general summary,procedural,principled provisions in the criminal compulsory medical procedures unable to cope with today's complex social practice,criminal compulsory medical procedures into laws after exposed problems has been all kinds of professionals in particular class of law experts and the judicial practice workers.In order to solve many problems in practice,"two high and one high" have issued a number of judicial interpretations and provisions,but there are still many imperfections in the application of criminal compulsory medical procedure in judicial practice.If the starting procedure is about the evidence of the "harm","severity" of thestandard is difficult to identify,the application of the object is limited to the crime at the time of no criminal responsibility;The members of the collegial panel in the trial procedure have not made specific provisions and the remedy method is relatively single after the decision is made;In the execution procedure,the organization is not clear,the funds are not guaranteed,the time limit is uncertain;And the starting subject of the termination procedure is too narrow and there is no other remedy.In practice,the problems of "easy to start,easy to decide" and "difficult to execute,and harder to undo" keep cropping up.The judicial expertise procedure that runs through the beginning and end of the criminal compulsory medical procedure also faces many problems in judicial practice.Such as starting the main body and procedures are not standard,scientific evaluation opinion is not strong.All these fully show that the existing criminal compulsory medical procedure in our country has not yet converted the "paper-chinese law" into "practice law",and it is necessary and imperative to improve the procedure.In this paper,the author mainly starts from the problems of each procedure,and then combines with the experience of modern law-based countries outside the region to seek for the relevant provisions suitable for the improvement of compulsory medical procedures in China.Through the method of "asking questions before answering",this paper theoretically studies the problems existing in China's criminal compulsory medical treatment procedure and puts forward some Suggestions to improve it,so as to better play the purpose and significance of setting up criminal compulsory medical treatment,and realize the organic unity of social defense and human rights protection.