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伴随着我国经济文化的高速发展,现代人生活压力的逐渐加大,精神病人问题对我国社会自由与安全、人权保障与社会稳定的重大社会问题的影响也越来越大,由此与强制医疗有关的措施随之产生。该项强制医疗措施的所追求的价值目标是兼顾社会防卫效果和精神病人的权利保障,但综观我国精神病人强制医疗程序的现状,存在的问题是该被执行强制医疗的精神病人得不到应有的医疗救助,反而是正常人因被执行强制医疗程序而限制自由的情况频频发生,其人权难以得到保障。2012年《刑事诉讼法》的修改,对精神病人强制医疗程序进行的初步规定,成为我国精神卫生的立法事业发展的契机。
With the rapid economic and cultural development in our country, people’s living pressure gradually increases. The impact of the problem of mental patients on major social issues such as social freedom and security, protection of human rights and social stability in our country is also growing. Therefore, compulsory medical treatment The related measures are followed. The objective of the compulsory medical treatment is to pursue both the effectiveness of social defense and the protection of the rights of the mentally ill. However, the current status of compulsory medical procedures for mental patients in our country is questionable because the mental patients who are subject to compulsory medical treatment should not receive Some medical assistance, on the contrary, is the frequent occurrence of restrictions on the freedom of normal people as a result of enforced medical procedures, and their human rights are hard to be guaranteed. The revision of the “Criminal Procedure Law” in 2012 and the preliminary stipulations on compulsory medical procedures for mental patients have become opportunities for the development of legislation in mental health in our country.