Research On My Country's Criminal Compulsory Medical Treatment System

In recent years,serious violent crimes committed by mental patients have caused widespread concern.In order to regulate the crime of special groups such as mental patients and maintain social stability,in 2012,China's Criminal Procedure Law established a compulsory criminal medical system in the form of a special chapter to change the past state of non-criminal compulsory medical treatment and criminal compulsory medical treatment.The legalization process of the compulsory criminal medical system was started.Criminal compulsory medical treatment,as a special procedure in China's criminal procedure,improves China's litigation legal system and has its unique system value and significance in protecting the basic rights of citizens,maintaining social order and achieving justice.The compulsory criminal medical system is based on the theoretical basis of human rights protection,social defense,and procedural justice.It is applicable to the implementation of violent crimes,endangers public safety or personal safety,and still has the possibility of continuing to endanger society.It is identified as a mental patient who has no criminal responsibility.At present,China's compulsory medical procedures form a dual-track system,which is divided into non-criminal compulsory medical treatment and criminal compulsory medical treatment.Among them,criminal compulsory medical treatment is different from criminal compulsory measures and penalties.It is a criminal judicial procedure with the characteristics of "quasi-security" and has the characteristics of compulsory,judicial and humane.However,a comprehensive review of China's criminal compulsory medical system,it is not difficult to find that the broad legislation makes the criminal compulsory medical procedure still face a lot of deficiencies in the face of complex judicial practice,and it can't fully meet the actual needs.In terms of application,the applicable objects are narrow and the applicable conditions are vague;in terms of procedures,the starting subject is single,the trial rules are rough,the enforcement mechanism is unsound,the relief channels are unreasonable,the termination period is unknown,and the supervision procedures are weak;The support for reintegration isinadequate,the management and control of mental patients are inadequate,and the publicity and education of mental illnesses is relatively backward.With the frequent occurrence of violent crimes committed by mental patients and endangering public safety and social order,it is imperative to improve the criminal compulsory medical system.Expand the applicable objects of the compulsory criminal medical system and clarify the applicable conditions,so as to better meet the needs of complicated cases in application;improve the provisions in the procedure,increase the starting subjects,refine the trial rules,improve the enforcement mechanism,and improve relief channels,Establish regular assessments and strengthen procuratorial supervision to make the criminal compulsory medical procedures better meet the actual needs,to achieve the unification of legal and social effects;improve the social rehabilitation services for mental patients,improve the management mechanism for mental patients,and strengthen mental illness The publicity and education to promote the follow-up social security work of criminal compulsory medical care is increasingly complete.