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Research On Criminal Compulsory Medical Procedures

Posted on:2016-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:H J JiangFull Text:PDF
GTID:2436330488497697Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal compulsory medical procedure takes the lead in the introduction of the landmark of compulsory medical treatment system of judicial review.Emerging as a criminal procedure,the program has a lot of space to be improved.Because of the different legislative recognition,the program emphasizes defense society,and ignores the return value to society.Application of lawsuit idea has not been consistently throughout the program,therefore,this program is characterized by obvious security administration.This problem especially in terminate the compulsory medical treatment programs.Terminate the compulsory medical procedures using complete admin istrative decision model,the mental patient almost without any procedural rights,even without a substantial supervision mechanism and relief way.Remove of the mandatory medical procedure system of criminal compulsory medical procedure should follow the basic principle of nature and the basic value.Lift force,therefore,the construction of medical procedures shall be based on return to society and human rights protection as the goal,improve the rights of mental patients,strengthen to the restriction of public power,the construction of a lawsuit lifting procedure,ensure the mental patient in the course of legal proceedings can fully exercise the various procedural rights.In this paper,we study on such problems as the nature of criminal compulsory medical procedures,the value to start with,this paper as an important part of the mandatory procedures to remove system localization of compulsory medical procedures.Terminate the compulsory medical treatment system positioning analysis the system in the absence of the law in our country,and investigate the problems faced in the process of practice.Aimed at the problems of the lack of legislation and practice,to terminate the compulsory medical treatment system positioning and value principle to point to improve the measures are put forward.Therefore,in this paper,on the whole is divided into three parts:The first chapter is the nature of criminal compulsory medical procedures and value.In this chapter,by means of progressive transformation gradually analyze the compulsory medical treatment,the nature of the mandatory medical procedures,terminate the compulsory medical treatment,to explore the value of compulsory medical procedures,and remove to guide analysis of compulsory medical treatment system positioning:to human rights protection for the purpose of legal proceedings.The second chapter is to terminate the compulsory medical treatment program problems that exist in the judicial practice.In this first to adopt the method of text analysis in this paper,the lifting force in our country the legislative design of medical procedures,analysis of existing problems,and then focuses on analyzing the existing system of all sorts of problems exist in the process of judicial practice,points out that the continued litigation institution building caused from execution phase start doomed to remove the defects of link.The third chapter is to terminate the compulsory medical treatment program of perfect path.Ultimate aim is to solve the problem,to analyze the problem to remove many problems of the compulsory medical procedures due to neglect of human rights protection value sets the non-litigation approach,therefore,under the guidance of the principle of human rights value,actively construct the lawsuit program mode is the best way to solve the problem.
Keywords/Search Tags:the mental patient, criminal compulsory medical procedures, terminate the compulsory medical treatment, guarantee of human rights, the lawsuit Book Chat, Modern Chinese Literature, Study approach, Study object, Reflection
PDF Full Text Request
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