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刑事强制医疗程序是我国刑事诉讼特别程序的重要组成部分,它的确立和实施对于法治国家的建设和人权保障的实现具有重要的意义。由于首次在刑事诉讼法中规定强制医疗程序,在司法实践中,难免存在不足。如适用对象过于狭窄,精神障碍的司法鉴定体制不健全,检察院的监督程序实施不完善,强制医疗的精神障碍者回归困难等,需完善程序。
Criminal compulsory medical procedure is an important part of the special procedure of criminal procedure in our country. Its establishment and implementation are of great significance for the construction of a country ruled by law and the realization of human rights protection. Due to the fact that compulsory medical procedures are stipulated in the criminal procedure law for the first time, there are inevitably deficiencies in judicial practice. If the applicable target is too narrow, the system of judicial appraisal of mental disorders is not perfect, the supervision procedures of procuratorate are not perfect and the mental health of compulsory medical workers is difficult to return to other countries, the procedures need to be improved.