Compulsory mental treatment exists not only in the administrative procedure but also in the judicial procedure. Although these two programs apply to different jurisdictions, there is so much cross and overlap in the adjustment range in administrative law and criminal law. As a result of this, program transformation loses control in practice. To solve the problem of the connection and transition in different programs of The People’s Police Law, The Mental Health Law and The Criminal Procedure Law, we should protect the legitimate rights of mental patients, avoiding “be considered as a mental patient” involuntary and ensuring social order and peace as the basic idea to select the program. We should clear the atmosphere between laws by the regulation of due process to maintain justness of program transformation and guarantee legitimacy of power running.
郭华. 程序转换与权利保障:刑事诉讼中精神病强制医疗程序的反思[J]. 浙江工商大学学报, 2013, (5): 59-67.
GUO Hua. Program Transformation and Rights Protection: Reflection on Compulsory Mental Treatment Procedures in Criminal Litigation. Journal of Zhejing Gongshang University, 2013, (5): 59-67.