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new the regulations, will not only into the public security organs, judicial organs of legal supervision, achieving full coverage, the whole process supervision, more concrete elaboration to knit the provisions of the laws of its cage.
it is reported that the highest inspection recently issued “the people’s procuratorate of compulsory medical decision process supervision regulations (hereinafter referred to as the regulations), standardize the procedures of procuratorial organs compulsory medical decisions supervision, resolutely prevent and correct the suspect & other Fake throughout the mental patient &; Escape the legal sanction and ordinary people & other; By psychiatric & throughout; Error and compulsory medical treatment.
supervise mandatory medical decision procedure, but the law gives special supervisory organs of the legal responsibilities. Set up in chapter 1, a total of six points in China, the regulations & other; Criminal responsibility is not in accordance with the law of mental patients of compulsory medical procedures & throughout; , clear & other; And execute the decision of the people’s procuratorate of compulsory medical supervision & throughout; , & other The public security organs found that conform to the compulsory medical treatment of mental patients, shall write a mandatory medical opinion, transferred to the people’s procuratorate & throughout; .
new modification of the criminal procedure law in 2012, set up the mandatory health measures, clear to & other; Violent behavior, endangering public security or cause serious damage to the citizens’ personal safety, through legal procedure to identify the mental person of criminal responsibility is not in accordance with the law, have potential to harm society, can be mandatory health & throughout; . It should be said that compared to before the old ways of executive dominance, the new judicial compulsory measures more neutral and fair.
but brief legal provisions are too abstract, is not enough to cope with real & other; The retrofit & throughout; . From the reality, does have to compulsory medical supervision necessary decision process.
reading reports in the past, although around the judicial organs strictly limited & other; Mandatory health & throughout; , such as the criminal suspect & other; Fake psychotic & throughout; , as well as ordinary people & other; By psychiatric & throughout; Examples of, still have exposure. Men such as shiyan Peng Baoquan after photos of several Zhang Qunzhong petitions, by police station sent to the local psychiatric hospital. But in some places, some & other; Psychiatric patients & throughout; By judicial appraisal belongs to fraud.
whether & other; False mental & throughout; Or & other; By psychiatric & throughout; , & other; Mandatory health & throughout; System implementation in the mess. If let this abnormal phenomenon existence, not only the infringement of citizens’ personal freedom, more against the judicial justice and authority of law, known as China’s legal construction highlights & other Mandatory health & throughout; Measures, will also be discounted.
but the good news is that now the regulations for new exposed the problem of short board, make a lot of make up. Among them, will not only into the public security organs, judicial organs of legal supervision, achieving full coverage, the whole process supervision, more to the provisions of the detailed elaboration to knit legal cage.
the people’s procuratorate, for example, found that the public security organ to identification of mental patients involved procedures exist appraisal institutions do not have the legal qualification, or psychiatric assessment beyond the appraisal agency business scope, technical conditions; Identification procedures in violation of the relevant laws, regulations, process and methods of appraisal in violation of the relevant specification requirements of the professional; If an expert intentionally makes a false verification of 6 kinds of specific circumstances, corrective opinions shall be in accordance with the law. Rules so refined, definitely not only make the supervision of the procuratorial organ is more operational, further squeezing the illegal behavior of the “black space.
& other; Law is gray, evergreen tree of justice & throughout; . Time steps too hastily, introduced a law or has been lagging behind. As a legal person, not only to the spirit of the interpretation method in the trial practice, more need to use the countrys judicial interpretation, make up the shortfall.
from points after revision, the highest method – judicial interpretations have discussed with detailed mandatory medical procedures, clear reconsideration. Introduced in June 2016, the highest and the people’s procuratorate compulsory medical execution procuratorial measures (trial) “, and then to the “regulations”, embodies the national judicial organs by system constantly improved & other; Mandatory health & throughout; The rule of law.
and adhere to the rule of law in an all-round way, also need to be such a problem under the guide of justice & other; Patch & throughout; , to knit legal cage, let & other; Evergreen tree of justice & throughout; , let the text of the rule of law and practice is more perfect.