The procedure of criminal compulsory medical treatment discharge aims at ensuring the personal freedom of the pa-tients subjected to compulsory medical treatment,and ensuring that they returns to social life in time after their recovery.By analyzing the current situation of the judicial practice of compulsory medical treatment procedure in China,this paper points out some problems such as the unclear conditions for compulsory medical treatment procedure for mental patients,the professional insufficiency of the court's decision to discharge compulsory medical treatment,the lack of protection of the right exercise of the subject who applies for compulsory medical treatment discharge and the imperfect relief system after compulsory medical treatment procedure discharge.
关键词
刑事强制医疗/解除程序/精神病人/人身危险性
Key words
criminal compulsory medical treatment/discharge procedure/mental patient/personal dangerousness
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