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《刑事诉讼法》特别程序中用五个条款对“依法不负刑事责任的精神病人的强制医疗程序”做了规定,初步构建起了我国的强制医疗制度,但还存在适用对象单一、鉴定程序模糊、监督程序缺失等问题。本文以现行刑事诉讼法为视角,对这一制度现状进行了分析,并借鉴国外立法提出相应的完善建议。
The special provisions of the Code of Criminal Procedure stipulate that compulsory medical procedures for mental patients who are not criminally responsible according to the law shall be stipulated by five articles and the compulsory medical system of our country is preliminarily established. However, there is still a single object of application, Identification procedures vague, lack of supervision procedures and other issues. Based on the current criminal procedure law, this article analyzes the status quo of this system and draws up relevant suggestions for improvement from foreign legislation.