Research On The Operation Of Criminal Compulsory Medical Procedure

China’s criminal law provides for a system of criminal compulsory medical treatment for persons with mental disabilities in Article 18.And China’s criminal procedure law in Part V of the special procedures,for people with mental disabilities without criminal responsibility after the commission of serious violent crimes,special criminal compulsory medical procedures.The central core of the criminal compulsory medical procedure is to review whether a mentally disabled person meets the conditions for compulsory medical treatment through a special criminal procedure,and to make a judicial decision on compulsory criminal medical treatment for mentally disabled persons who meet the conditions for compulsory medical treatment.The value of the criminal compulsory medical procedure lies in the balance between social defense and the protection of the basic human rights of the mentally disabled.However,at present,there are few legal provisions regulating the criminal compulsory medical procedure,and the procedural provisions of the criminal compulsory medical procedure are too general and vague,resulting in a large number of problems in judicial practice,and there is still much room for improvement of the procedure.In this paper,through the study of domestic criminal compulsory medical procedure initiation cases and domestic and foreign compulsory medical procedure,based on China’s national conditions,and drawing on foreign excellent experience,to enrich the theoretical system of China’s criminal compulsory medical procedure initiation model,to protect the legitimate rights and interests of people with mental disorders under compulsory medical treatment,and finally to achieve the purpose of social stability and protection of the legitimate rights of people with mental disorders.In the first part,the author collects a large number of cases and summarizes the problems in the initiation of criminal compulsory medical treatment,procedural design,remedies and discharge procedures in China by combining the imperfections of current legislation.In the second part,the author tries to clarify the nature of the criminal compulsory medical procedure,and on this basis,condenses the jurisprudence and legal value of the existence of the criminal compulsory medical procedure.In the third part,the author analyzes the experience of foreign criminal compulsory medical procedures to inspire the criminal compulsory medical procedures in China.Finally,after analyzing the problems and learning from overseas experiences,the author puts forward the system concept of improving China’s criminal compulsory medical procedure according to the actual situation and judicial practice in China.