Abstract:

The Amendment to the Criminal Procedure Law of the People’s Republic of China (2012) by the National People’s Congress has officially created a Chapter of “Procedures for Involuntary Medical Treatment of Mental Patients Legally Exempted from Criminal Liability” in Special Procedures, and it also set the article “People’s procuratorate shall oversee decisions and execution of involuntary medical treatment.” Nowadays, the involuntary medical treatment procuratorial supervision system is still faced with many obstacles, such as poor clarification of jurisdiction and no specific mode of supervision. Besides, there also exist problems like no specific involuntary medical executive institutions, undefined cost, implicit standard of medical behavior, and no specific terms about the termination of involuntary medical treatment, etc. According to China’s current situation and other countries’ legislation experiences, we suggest improving China’s involuntary medical treatment and its procuratorial supervision system from the following aspects: determine involuntary medical treatment institutions, design reasonable cost sharing scales, improve the implementation of involuntary medical treatment procuratorial supervision mechanisms and improve specific measures of involuntary medical treatment.

Key words: involuntary medical treatment, mental patient with committed violent behavior, procuratorial supervision, Ankang Hospital