The Stalin era, the Soviet Union built a lot of mental hospital, which held many political prisoners. This approach can also affect the Chinese. I have met many from psychiatric out asked the event. A female cadres because there are different views, and the unit leadership insisted, was diagnosed with refractory psychosis locked up in a mental hospital for five years. Some petitioners are thrown into a mental hospital. I hear they reflect the problem, explain to them, they won't listen. They did some stubborn. But the stubborn will be held?

   The new "criminal procedural law" executes this year focused on the mandatory medical treatment provisions. This is stipulated in our country's history to take measures to the most perfect, the most civilized.

   A, compulsory medical object can only be armed madman, not including the madman

   "Criminal Procedure Law" provisions of article 284th:The violence, endangers public security or serious harm to personal safety, the mental patient through legal procedures shall not bear criminal responsibility identification, continue to harm society possible, can be compulsory medical.

   This clause is the object of compulsory medical:

   1 must be carried out acts of violence, harm personal safety behavior public safety or serious harm citizens.

    2 this should be the sentence, because of a mental illness cannot be sentenced.

   3 further harm to society may.

   4 these conditions have not always held, just "can" compulsory medical.

   5 no violence "stubborn type of mental illness" does not belong to the scope of compulsory medical. Thoroughly to prevent government borrowing mandatory health held different views, the mental hospital into a shelter.

   Two, the mandatory medical treatment is decided by the people's court

    The past for mental patients by the police decision, which will inevitably happen false imprisonment.

    The new "criminal procedural law" from the procedure to ensure the citizens are not wrong.

    1 public security organs found mental patients comply with the compulsory medical conditions, can not be directly is sent to a mental hospital, should write compulsory medical opinion, to the people's procuratorate.

    2 the procuratorate for mental patients in the process of review and prosecution was transferred by the public security organ or in accordance with compulsory medical conditions, shall make application to the people's court for compulsory treatment.

    3 people's court in the case of finding the defendant comply with the compulsory medical conditions, can make the compulsory medical decisions.

    4 people's court accepts the compulsory medical application, shall form a collegial panel to conduct the trial.

    5 people's court compulsory medical case, it shall notify the applicant or the legal representative of the defendant at. The applicant or the accused does not entrust agents ad litem, the people's court shall inform the legal aid institutions to appoint a lawyer for legal assistance.

    From the beginning of 2013, no lawyer, no court decision, any government has no right to citizens will be up in a mental hospital.

    The justice of the procedure is to limit the powers of the government, but also to prevent the wrong guarantee.

    A review, China previously practiced deportation, detention education, institutionalization, compulsory detoxification system can not reach the highly civilized such.

Three, be forced to object the right relief

   No provisions of relief is an empty talk. The new "criminal procedural law" provisions of the forced side relief program.

   "Criminal procedural law" the regulation is decided: compulsory medical person, the victim or his legal representative, close relative refuses to accept the compulsory medical decision, may apply to a people's court at the next higher level for reconsideration.

Four, compulsory medical treatment not punishment, mental illness and cure should be timely discharged

   Compulsory medical treatment has no punitive. The mental patient to take enforcement measures not to punish but to health. After curing, should be timely discharged.

   "Criminal Procedure Law" the 288th stipulation: compulsory medical institution shall regularly to be compulsory medical person for diagnostic assessment. To have nothing to do with the personal danger, no need to compulsory medical treatment, shall timely termination of opinion, reportedly decided to the approval of the people's court for compulsory treatment.

   Be forced to medical men and their near relatives shall have the right to apply for cancellation of the compulsory medical.