The Dilemma And Outlet Of Judicial Application Of Compulsory Treatment For Patients With Mental Disorders

Mental health is an inevitable requirement for comprehensively advancing the rule of law,innovating social governance,and promoting social harmony and stability.It is of great significance to the construction of a healthy China,a rule of law,and a safe China.Since the implementation of the new chapter "Special Procedures for Compulsory Medical Treatment" in the Criminal Procedure Law in 2013,the treatment of patients with mental disorders in my country has developed to a new stage,achieving judicialization and legalization.However,judging from the current judicial precedents,due to the vagueness and roughness of the provisions,there are still some problems in the judicial application process: in terms of philosophy,social defense is emphasized while human rights protection is neglected,which leads to inconsistent applicable standards and too narrow scope of application in terms of substance.In terms of procedures,the court trial is false,the burden of proof is not clear,the subject of application for appraisal is limited,the judicial appraisal opinion is too powerful,the reconsideration relief procedure is absent,and the cancellation mechanism is unreasonable,which in turn reflects the mental disorder of compulsory medical treatment.The rights of patients are not guaranteed.As a matter of fact,the problem of “mentally disabled” and the phenomenon of “wu lunatics” are two sides of the coin.The former relates to whether the personal and property rights of ordinary citizens can be effectively protected,while the latter relates to whether people with mental disorders who have caused accidents can be controlled and controlled.treatment.In order to eliminate these two phenomena and give full play to the purpose of establishing the compulsory medical treatment system,it is necessary to implement the balance between social defense and human rights protection in the concept.In terms of substantive requirements,compulsory medical treatment should be extended to patients with mental disorders who have limited criminal liability for committing violent crimes and mental disorders who have committed violent behaviors during their sentence and are personally dangerous.The applicable conditions should be further clarified and refined.In terms of decision procedures,patients and victims with mental disorders should be clearly granted the right to appear in court,to ensure their right to know,and to maintain proper procedures;clearly prove the responsibility and standards,and have the possibility of continuing to risk society without rising to the "reasonable doubt" of the Criminal Procedure Law.It is only necessary to reach the "superiority evidence".Strengthen the system of appraiser’s appearance in court and guarantee the assistance of psychiatric expert assistants,weaken the status of appraisal opinion and diagnosis,and enhance the accuracy and credibility.In the relief procedure,the wording was changed to substantive rights protection.Regarding the cancellation procedures,the periodic evaluation mechanism is clearly refined and clarified by introducing quantitative cancellation standard indicators.