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强制医疗程序实施以来,在实践中暴露出很多问题,四年多的司法实践表明,我国强制医疗仍然存在适用对象范围狭窄、执行机构不明确、执行过程中工作衔接不畅等问题,这直接影响了强制医疗程序的施行和此程序的价值体现。对于强制医疗的对象而言,其丧失了辨认或控制其行为的能力,其无法像正常人一样行使自己的权利、维护自己的权益,而检察机关具有诉讼监督的职能,完善强制医疗程序的检察监督职能,会更加有效的减少、防止诉讼过程中的违法行为,充分发挥强制医疗保障社会安全、治疗精神疾病的双重功效。本文主要从强制医疗提请阶段监督、强制医疗决定阶段监督、强制医疗执行阶段监督等方面,分析发挥强制医疗检察监督职能的作用,以及完善检察监督职能,从而真正维护被强制医疗人的合法权利,以及保障其他当事人的合法权益。
Since the implementation of compulsory medical procedures, many problems have been exposed in practice. Judicial practice of more than four years shows that there still exist some problems such as narrow scope of application, unclear implementing agencies and poor job connection in compulsory medical treatment in our country, which has a direct impact The implementation of mandatory medical procedures and the value of this procedure. In the case of compulsory medical treatment, it loses its ability to identify or control its behavior. It can not exercise its own rights and protect its own rights as normal people do, while procuratorial organs have the function of litigation supervision and prosecution of compulsory medical procedures Supervisory functions will be more effective in reducing and preventing illegal activities in litigation, giving full play to the dual effects of compulsory social security and psychiatric treatment. This article mainly analyzes the role of compulsory medical procuratorial and supervisory functions and the procuratorial and supervisory functions in the aspects of supervising mandatory medical draw-up phase, supervising medical decision-making phase and supervising medical compulsory implementation phase so as to truly protect the legal rights of compulsory medical people, As well as protect the legitimate rights and interests of other parties.