破解暴力型精神病人管束困局刍议——基于三部法律联动的视角

Discussion on Breaking the Dilemma as to Manage the Violent Mental Patients — In the Perspective of Connecting Three Laws

尽管我国《治安管理处罚法》《刑事诉讼法》《精神卫生法》中均涉及精神病人问题,但并未使暴力型精神病人的混乱管束状况有大的改观。以"强制医疗"作为应对该特殊群体的主要举措是必要的,也具备正当性,但要使其发挥实效,当前条块分割、分类管理的方式并不足取。在程序之外,填补促使程序发挥价值的实体内容,建立统一的强制医疗输入、输出的机制,实现司法裁决,明确各方职责,完善社会保障,才是破解困局之正途。

Although the Law on Penalties for Administration of Public Security in China involves mental patients＇issues as well as the Criminal Procedural Law and the Mental Health Law, which two laws were enacted in 2012 one afier another, there is little improvement to change the messy situation towards the violent mental patients＂ management. The involuntary medical treatment, which is chosen as a major response to deal with the tough thing, is necessary and legitimate. But to make it effective, the current mode of separate management is undesirable. It is the right path to crack the problem by perfecting the existent procedure, filling the substantive contents which can realize the procedure＇s value, establishing the uniform input and output mechanisms of the involuntary medical treatment and adjudicating by justice, with the result that the opportunity of enforcing laws selectively is eliminated for law -executors.