Research On The Rights Of Mental Disabilities In Criminal Compulsory Medical System

Compulsory medical treatment for persons with mental disorders refers to the mandatory hospitalization and treatment of persons with mental disorders that meet the compulsory medical conditions by legally authorized institutions or government-entrusted agencies in accordance with the provisions of public law,while criminal compulsory medical treatment is based on criminal law Compulsory medical treatment for people with mental disorders.On the one hand,the compulsory medical procedure has its own value positioning;on the other hand,the procedure has improper restrictions on the basic rights of people with mental disorders in practice.Therefore,to examine the value orientation of compulsory medical treatment from the perspective of jurisprudence;to observe the protection of rights in criminal compulsory medical treatment for persons with mental disorders from the perspective of human rights;to seek the improvement of criminal compulsory medical procedures from the perspective of system are the original intention and core task of this article.The first part of this article focuses on the value orientation of the criminal compulsory medical system.The medical and philosophical circles have a variety of different views on whether mental problems belong to a fictional disease.With the development of modern medicine and the aid of ethics,the view that mental disorders should be defined as diseases prevails.However,in the diagnosis of mental disorders,is it scientific judgment or value judgment? The first viewpoint is biased towards “scientific judgment suprematism” and negates the value judgment;the second viewpoint is totally biased towards “value judgment supremacist” and negates the scientific judgment;the third viewpoint combines the first two viewpoints and advocates science Judgment is fundamental,and decisive is ethical judgment.The reason why compulsory medical treatment has value is mainly based on purpose and procedure considerations.The purpose consideration focuses on the ultimate orientation of public power’s trade-off between citizens’ freedom and social order.Procedural considerations discuss the balance between justice and efficiency in compulsory medical procedures.Both values strongly support the legitimacy of compulsory medicine.The second part analyzes the specific rights of people with mental disorders in China’s criminal medical procedures.In the initiation procedure,the parties lacked the right to initiate,the qualification standards of the appraisers were unclear,and the public security organs did not provide clear rules on the provision of temporary protective measures for parties with possible mental disorders.The criteria for the possibility of continuing harm that compulsory medical care needs to meet are unclear and lack practical feasibility.There are also phenomena such as escaping punishment through "false mental illness" in society,and cases of unjust and false cases of "being mentally ill" by normal people.In the compulsory medical decision procedure,the privacy of persons with mental disorders is insufficiently protected during public hearings,the legal representation of persons with mental disorders and their appraisers are not clear,and the lack of a mandatory defense system for persons with mental disorders and mental disorders There are difficulties in seeking rights relief during this process.In the implementation procedures,the current institutions for the implementation of compulsory medical treatment are not clear and the number of institutions for the treatment of mentally handicapped people is not clear,the funding for medical treatment of mentally handicapped people is difficult to solve,and the procedures for people with mental handicap to leave compulsory medical care are not uniform.The supervisory power of the procuratorate is discussed externally.The third part puts forward suggestions to solve the problem and improve it.For the related issues in the initiation procedure,it is necessary to broaden the subjects applying for judicial identification and compulsory medical treatment,raise the qualification threshold for appraisers,specify the specific content of temporary protective measures,and clarify the criteria for “possibility of continued harm”.For the related issues in the decision procedure,It is necessary to clarify in principle that the compulsory medical case is closed in principle,to improve the compulsory appearance of courts and compulsory defense systems,and to broaden the subject of legal aid;for related issues in the implementation process,it is proposed to expand compulsory medical institutions,clarify the compulsory medical funding bearers,and Clarify the procedures for lifting compulsory care.It is necessary to refine the procuratorial supervision power of the People’s Procuratorate in compulsory treatment.