Study On The Procedure Of Releasing Criminal Compulsory Medical Treatment In China

The procedure for terminating criminal compulsory medical treatment has always been regarded as the end or relief of criminal compulsory medical treatment,and its independent value and significance have been seriously ignored.Moreover,in terms of legislation,the criminal compulsory medical removal procedure was included in the Criminal Procedure Law six years later than the criminal compulsory medical procedure,and currently there is only one relatively broad provision.Although the judicial interpretation of the Supreme Law further stipulates this,it is still a broad framework,and there is still no response to the application of the lifting standard,the protection of the rights of the treated,the trial mode and other problems in practice.Therefore,this article takes relevant cases in the Judgment Document Network as the research object,analyzes the problems in the compulsory medical discharge procedure,and combines with the current research on compulsory medical treatment and compulsory medical discharge at home and abroad to propose some ideas and suggestions that are in line with the current national conditions of China.The article is mainly divided into four parts.The first part provides an overview of China’s criminal compulsory medical system.The focus is on analyzing the nature of security measures in compulsory medical procedures,comparing security measures in the continental legal system with China’s criminal compulsory medical system,and exploring the nature of China’s criminal compulsory medical procedures and the value of the criminal compulsory medical relief procedure.The second part analyzes the problems that exist in the current criminal compulsory medical removal procedure in China.Focus on analyzing issues from three aspects:initiation,trial,and execution.The third part is a reference for extraterritorial systems.This article focuses on the two systems of the United States’conditional lifting of compulsory medical care system and Germany’s hearing system in compulsory medical care,analyzing their advantages and reference significance for China.The fourth part is suggestions for improving the compulsory medical discharge procedure.The fundamental purpose of the compulsory medical discharge procedure is to protect social stability and balance the protection of the human rights of the treated,and it must not be biased.This article focuses on analyzing the legal norms and practical situation of the current criminal compulsory medical discharge procedure in China,and attempts to put forward some suggestions that are in line with the current national conditions of China from the three aspects of initiation,trial,and execution.In the initiation stage,the main rights and responsibilities of compulsory medical discharge should be clearly defined,and provisions for the first discharge application should be added;During the trial stage,the introduction of a hearing system can be rationalized,the standards for compulsory medical discharge can be refined,and the probative power can be enhanced;During the execution phase,it is necessary to ensure the fulfillment of guardianship obligations,safeguard the relief rights of the treated and close relatives,and establish supporting mechanisms.