Study On The Procedure Of Cancellation Of Criminal Compulsory Medical Treatment

As an important channel for safeguarding the personal freedom and rights of individuals subjected to compulsory medical treatment,the criminal compulsory medical treatment removal procedure in China has been operating so far,effectively maintaining social and public safety,and protecting the legitimate rights and interests of those subjected to compulsory medical treatment.However,the current legal application of the removal procedure in the Criminal Procedure Law is relatively general,and in the actual operation of the procedure,it gradually appears that the court lacks professional support in the judgment of personal danger standards The low starting rate of compulsory medical treatment termination and the insufficient neutrality of evaluation institutions due to role conflicts reflect the need for clearer and more specific provisions on criminal compulsory medical treatment termination procedures in China’s legislation,and it is necessary to further refine the setting of termination procedures.This article is divided into four parts:The first part is an overview of the criminal compulsory medical removal procedure.Firstly,it introduces relevant concepts,and then discusses the characteristics of multiple subjects applying for rescission,assessment reports being the key to rescission,and taking personal dangerousness as the rescission standard in the criminal compulsory medical rescission procedure,abstracting the principles of necessity,timeliness,and procedural legitimacy.The second part is the extraterritorial investigation of the criminal compulsory medical removal procedure.By studying and judging the legal provisions of countries with common law systems and representative countries with civil law systems on the procedures for the removal of criminal compulsory medical treatment,we have extracted procedural provisions that can provide for the responsibility of helping the forced medical person to return to society and entrust them to grassroots community service workers.We have refined the relevant provisions on the applicable period of compulsory medical treatment,so as to effectively control the consumption costs of medical resources and human resources,which are suitable for our reference and reference.The third part is to analyze the current situation and shortcomings of the criminal compulsory medical removal procedure.This article summarizes the problems existing in the actual operation of the criminal compulsory medical treatment removal procedure,such as the lack of substantive certification ability of the court for removal materials,the low rate of removal initiation,and the lack of standardized evaluation mechanism.Therefore,China’s legislation needs to be more explicit and specific in the provisions of the criminal compulsory medical treatment removal procedure.The fourth part is the reform path of the criminal compulsory medical removal procedure.Suggestions were put forward to improve the substantive review ability of the court,standardize the diagnosis and evaluation mechanism,enhance the removal enthusiasm of compulsory medical institutions,build a social security system mechanism,and determine the implementation period of compulsory medical care.