论精神病人强制医疗的启动程序
发布时间：2019-04-17 07:16
【摘要】：为了回应和解决我国近年来精神病人暴力性犯罪这个越来越严重的社会问题，2012年新修改的《刑事诉讼法》将精神病人强制医疗程序作为刑事诉讼的特别程序，以专门一章的形式对其作出了规定。而精神病人强制医疗程序，其实又可以细分为启动程序、审理程序、执行程序和救济程序等若干个子程序。在这其中，强制医疗的启动程序便是整个精神病人强制医疗程序的最开端，是其中最为重要的一个程序。而当前，，由于立法的不完善，导致我国强制医疗的启动程序尚存在一些不足之处，亟需尽快加以完善。因此，笔者认为单独地对精神病人强制医疗的启动程序进行深入研究就具有极为重要的理论和实践意义。本文的具体论述将分为以下四个章节。 第一章的内容为精神病人强制医疗的启动程序之基础性问题。笔者在厘清了精神病人强制医疗启动程序的相关概念之后，进而分析其基本特征，并在此基础上对其进行价值评析，最终为下面正文的展开打下坚实的理论基础。 第二章的内容为精神病人强制医疗程序的适用对象和启动主体。我国现阶段精神病人强制医疗程序的适用对象仅为依法不具备刑事责任能力的精神病人，法律对其适用对象范围采取了较为保守和谨慎的态度。而其启动主体在侦查阶段和审查起诉阶段，只能是检察院；在审判阶段，只能是法院，从而在立法上明确排除了公安机关和其他机关、团体、组织直接启动强制医疗程序的权力，但也顺带一起排除了相关诉讼参与人申请启动强制医疗程序的权利。 第三章的内容为精神病人强制医疗程序的启动条件和启动方式。本章先详细地论述了我国精神病人强制医疗程序的启动条件。接着，又论述了我国精神病人强制医疗程序的启动方式，认为我国当前精神病人强制医疗程序的启动方式可以依不同的诉讼阶段而分为三种，只有在不同的诉讼阶段严格按照法律规定的启动方式，有权的启动主体才能依法启动精神病人强制医疗程序。 第四章的内容为精神病人强制医疗启动程序的不足与完善。本章是整个文章的核心与精华，也是最体现创新之处的地方。本部分以新《刑事诉讼法》和相关司法解释为基础，在比较国外相关制度的前提下，从立法、理论和实践等多个角度入手，分析指出了我国精神病人强制医疗的启动程序存在以下不足之处，针对以上这些不足之处，在借鉴国外相关制度成功经验的基础上,最后提出了完善我国精神病人强制医疗启动程序的若干具体设想。
[Abstract]:In order to respond to and address the increasingly serious social problem of violent crimes committed by mental patients in recent years, the newly revised Code of Criminal procedure of 2012 includes compulsory medical procedures for mental patients as a special procedure for criminal proceedings, It is regulated in the form of a special chapter. The compulsory medical procedure for mental patients can be subdivided into initiation procedure, trial procedure, execution procedure and relief procedure. Among them, the initiation procedure of compulsory medical treatment is the beginning and the most important procedure of the whole compulsory medical treatment procedure for mental patients. At present, due to the imperfection of legislation, there are still some deficiencies in the initiation procedure of compulsory medical treatment in our country, which need to be improved as soon as possible. Therefore, the author thinks that it is of great theoretical and practical significance to study the initiation procedure of compulsory medical treatment for mental patients alone. This paper will be divided into the following four chapters. The content of the first chapter is the basic problem of the initiation procedure of compulsory medical treatment for mental patients. After clarifying the relevant concepts of the compulsory medical procedure for mental patients, the author analyzes its basic characteristics and evaluates its value on this basis, finally laying a solid theoretical foundation for the development of the following text. The content of the second chapter is the applicable object and the starting subject of the compulsory medical procedure for the mental patients. At present, the applicable object of compulsory medical procedure for mental patients is only mental patients who have no ability of criminal responsibility according to law. The law has adopted a conservative and cautious attitude towards its scope of application. In the investigation stage and the stage of examining and prosecuting, the main body of its initiation can only be the procuratorate; At the trial stage, it can only be the courts, thus explicitly excluding in legislation the power of public security organs and other organs, groups, and organizations to organize direct initiation of compulsory medical procedures. But it also excludes the right of the relevant litigants to apply for compulsory medical procedure. The third chapter is about the condition and mode of initiation of compulsory medical procedure for mental patients. In this chapter, the starting conditions of compulsory medical procedure for mental patients in China are discussed in detail. Then, it discusses the start-up mode of compulsory medical procedure for mental patients in our country, and points out that the initiation mode of compulsory medical procedure for mental patients can be divided into three types according to different litigation stages. Only in different stages of litigation strictly in accordance with the law in accordance with the start-up mode, the subject with the right to start the compulsory medical procedures for mental patients in accordance with the law. The fourth chapter is about the deficiency and perfection of the start-up procedure of compulsory medical treatment for mental patients. This chapter is the core and essence of the whole article, but also the most innovative place. On the basis of the new Code of Criminal procedure and the relevant judicial interpretation, this part starts with legislation, theory and practice on the premise of comparing the relevant systems in foreign countries. This paper analyzes and points out the following shortcomings in the initiation procedure of compulsory medical treatment for mental patients in our country. In view of these shortcomings, on the basis of drawing lessons from the successful experience of the relevant foreign systems, Finally, the author puts forward some concrete ideas to perfect the initiation procedure of compulsory medical treatment for mental patients in our country.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2459226
[Abstract]:In order to respond to and address the increasingly serious social problem of violent crimes committed by mental patients in recent years, the newly revised Code of Criminal procedure of 2012 includes compulsory medical procedures for mental patients as a special procedure for criminal proceedings, It is regulated in the form of a special chapter. The compulsory medical procedure for mental patients can be subdivided into initiation procedure, trial procedure, execution procedure and relief procedure. Among them, the initiation procedure of compulsory medical treatment is the beginning and the most important procedure of the whole compulsory medical treatment procedure for mental patients. At present, due to the imperfection of legislation, there are still some deficiencies in the initiation procedure of compulsory medical treatment in our country, which need to be improved as soon as possible. Therefore, the author thinks that it is of great theoretical and practical significance to study the initiation procedure of compulsory medical treatment for mental patients alone. This paper will be divided into the following four chapters. The content of the first chapter is the basic problem of the initiation procedure of compulsory medical treatment for mental patients. After clarifying the relevant concepts of the compulsory medical procedure for mental patients, the author analyzes its basic characteristics and evaluates its value on this basis, finally laying a solid theoretical foundation for the development of the following text. The content of the second chapter is the applicable object and the starting subject of the compulsory medical procedure for the mental patients. At present, the applicable object of compulsory medical procedure for mental patients is only mental patients who have no ability of criminal responsibility according to law. The law has adopted a conservative and cautious attitude towards its scope of application. In the investigation stage and the stage of examining and prosecuting, the main body of its initiation can only be the procuratorate; At the trial stage, it can only be the courts, thus explicitly excluding in legislation the power of public security organs and other organs, groups, and organizations to organize direct initiation of compulsory medical procedures. But it also excludes the right of the relevant litigants to apply for compulsory medical procedure. The third chapter is about the condition and mode of initiation of compulsory medical procedure for mental patients. In this chapter, the starting conditions of compulsory medical procedure for mental patients in China are discussed in detail. Then, it discusses the start-up mode of compulsory medical procedure for mental patients in our country, and points out that the initiation mode of compulsory medical procedure for mental patients can be divided into three types according to different litigation stages. Only in different stages of litigation strictly in accordance with the law in accordance with the start-up mode, the subject with the right to start the compulsory medical procedures for mental patients in accordance with the law. The fourth chapter is about the deficiency and perfection of the start-up procedure of compulsory medical treatment for mental patients. This chapter is the core and essence of the whole article, but also the most innovative place. On the basis of the new Code of Criminal procedure and the relevant judicial interpretation, this part starts with legislation, theory and practice on the premise of comparing the relevant systems in foreign countries. This paper analyzes and points out the following shortcomings in the initiation procedure of compulsory medical treatment for mental patients in our country. In view of these shortcomings, on the basis of drawing lessons from the successful experience of the relevant foreign systems, Finally, the author puts forward some concrete ideas to perfect the initiation procedure of compulsory medical treatment for mental patients in our country.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
【参考文献】
相关期刊论文 前1条
1 陈建平;刘锋;;刑事强制医疗程序的立法缺陷与完善[J];江西警察学院学报;2011年05期
本文编号：2459226
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