第六章 精神病人刑事强制医疗问题探析.pdfVIP

Open Journal of Legal Science 法学, 2016, 4(1), 8-15 Published Online January 2016 in Hans. /journal/ojls /10.12677/ojls.2016.41002 Analysis of the Issue of Mental Patients’ Criminal Compulsory Medical Treatment 1,2 1 1 1 1 1* Yitong Guo , Hong Deng , Shijun Hong , Linna Guan , Qi Du , Liping Zhao 1 College of Forensic, Kunming Medical University, Kunming Yunnan 2 College of Law, Yunnan University, Kunming Yunnan th th nd Received: Jan. 4 , 2016; accepted: Jan. 17 , 2016; published: Jan. 22 , 2016 Copyright © 2016 by authors and Hans Publishers Inc. This work is licensed under the Creative Commons Attribution International License (CC BY). /licenses/by/4.0/ Abstract Since mental patients are unable to recognize and control their own behaviors, it is likely for them to commit violence at any time. Therefore, it is necessary to impose compulsory medical treat- ment on them. The introduction of the new “Criminal Procedural Law” in 2012 fills up the vacuum with regard to our country’s compulsory medical treatment of mental patients, enabling it to step onto the track of rule of law. Nevertheless, as an initially-established procedure, it has presented a great many problems to be solved in practice, which, in deed, needs to be discussed further so as to better improve the special procedure of imposing criminal compulsory medical treatment on mental patients. Keywords The Criminal Procedure Law, The Mental Patients, Criminal Compulsory Medical Procedures, Matter of Law 精神病人刑事强制医疗问题探析 1,2 1 1 1 1 1*