Human Rights Protection In The Criminal Compulsory Medical Procedure

The degree of concern for mental health reflects the degree of civilization of a country,and the corresponding implementation of the protection of human rights for mental patients endangering social behavior also reflects the development of a country's criminal law and the level of human rights building.As a mental patient who seriously threatens the safety of life and property of the public is also unable to effectively assert its own rights and interests,its judicial treatment is related to whether the basic concepts and basic tasks of criminal proceedings are implemented and whether the problem of vulnerable groups effectively claim their basic rights and interests was properly resolved.In China's current "Criminal Procedure Law" and related legal provisions,the specific and clear legislative guidelines for criminal compulsory medical procedures have not been reflected,and the basic rights and interests of mental patients in the field of judicial practice have not been given due attention.Therefore,this article attempts to sort out the specific problems that exist in reality from the retrospect of legislation and justice,and puts forward perfect suggestions for establishing a criminal compulsory medical procedures with human rights protection at its core.Hoping to use the procedures to maintain the rule of law,to show justice by the rule of law.Continuously strengthen the protection of mental patients' basic human rights and promote the development and progress of human rights in China.The introduction part gives a preliminary introduction to the background of the selected topic as well as gives a brief review of the current research status of the academia.Subsequently,the full text is divided into five chapters to discuss the topic.Chapter 1 summarizes the basic issues of human rights protection in criminal compulsory medical procedures and the necessity of the research,clarifies the legal positioning of criminal compulsory medical procedures and basic concepts of mental patients,demonstrates that the particularity of strengthening human rights protection in criminal compulsory medical procedures lies in the right subject,right content and means of support,meanwhile proposes that strengthening the protection of human rights in criminal compulsory medical procedures is of great significance.Chapter 2 sorts out the main problems in judicial practice starting from the current situation of the implementation of China's criminal compulsory medical procedures.Chapter 3 demonstrates the basic theory of strengthening human rights protection in China's criminal compulsory medical procedures from the perspective of utilitarianism,basic human rights thoughts,the content of rule of law,and the needs for special protection,discussing around the benefit principle embodied in human rights protection,mental patients' equal personality,the state subject of obligations and special protection for special groups' need,etc.Chapter 4 uses comparative research methods to investigate the relevant systems of the two foreign legal systems,and summarizes suitable experience and methods that taken by foreign countries to protect mental patients' basic rights for China to learn from.Chapter 5 proposes several methods to improve China ' s criminal compulsory medical procedures and better protect the basic human rights of mental patients,introduces the “restorative justice concept”of helping them better return to society and other perspectives during the discussion,hopes to allow the humanistic care spirit of the law fully reflected in the protection of human rights of mental patients.