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Research on Compulsory Medical Procedures

Author: ZhouYuan
Tutor: ZhangShan
School: Central South University
Course: Legal
Keywords: compulsory medical psychiatric patients pretrial procedure judicial procedure executive procedure
CLC: D925.2
Type: Master's thesis
Year: 2013
Downloads: 61
Quote: 0
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Abstract


This paper focuses on the analysis of compulsory medical procedures,which has formulated in the newly revised "law of criminal procedure", in Chinese psychiatric patients forced medical procedures, This paper analyze its shortcomings, and compared with those of foreign compulsory medical procedures. Propose some strategies to improve china’s compulsory medical procedureChina’s compulsory medical procedures have some problems. The problems in the pretrial procedure are:China’s psychiatric appraisal chaos; the compulsory medical procedures for a single object, social danger without judgment basis and standards. The trial program has the following problems: the collegiate bench is not targeted, no provisions of the standard of proof and the distribution of the burden of proof, trial period regulation is not clear, not giving the parties the right to appeal. Existing problems in the operating procedure:the lack of implementation of the relevant provisions, There is no clear discharge standard, the supervision of procuratorate is not rigid, the lack of legal responsibility mechanism.Learn from the practice of compulsory medical procedures abroad, we can improve the identification of mental illness, the establishment of Expert Testimony System Perfection of psychiatric appraisal system. On the other hand, we can expand the scope of compulsory medical procedures, clear judgment basis and standards of social danger. Improve the trial procedure: absorption psychiatrists as the people’s jury, to make up the judge for lack of professional issues; a clear assignment of burden of proof and standard of proof; clear provisions on important deadlines in the compulsory medical procedures, to give the parties the right to appeal. Improve the executive procedure:clear discharge standard of the compulsory medical procedures, strengthen the procuratorate’s mandatory supervision on the application and implementation of the compulsory medical procedures, establish the legal responsibility mechanism.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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