关键词: 刑事强制医疗解除, 风险防范, 解除程序, 社区康复体系

Abstract: Objective  To understand the problems existing in ending of the compulsory medical treatment system of mentally disabled patients under the background of risk prevention,  and to provide corresponding improvement suggestions.  Methods  We conducted a questionnaire survey among psychiatrists randomly selected from community health service centers in  four districts in Beijing. Multiple response analysis and Chi-square goodness-of-fit test were performed using SPSS 25.0. Results   A total of 136 (63.6%) of the psychiatrists believed that the Ankang Hospital should apply for the ending compulsory medical treatment,  and only 9 (4.2%) of them thought that the patients should apply by themselves. For the decision subject of ending compulsory medical treatment,  psychiatrists who chose Ankang Hospital and Judicial Accreditation Agency are both 73 (34.1%),  while only 18 (8.4%) chose the court. Comparison of the reasons why “the criminal compulsory medical treatment is difficult to end” were statistically different (χ2=12.243,  P=0.016). Psychiatrists who chose “unreasonable standards” reached up to 151 (70.6%). For patients' home management problems,  88 (41.1%) of the psychiatrists chose “health departments and public security departments cooperate with each other”. The proportions of psychiatrists choosing different problems existing in “connecting between ending of criminal compulsory medical treatment and community management” were not statistically different (χ2=2.103,  P=0.551). Conclusion  The implementation of ending of the compulsory medical treatment system concerning the entities of application,  release standard,  trial mode and connection with community management has imperfections. It is advisable to improve the regular evaluation system,  to make up for the cracks between medical and legal standards,  and to complete the comprehensive evaluation release standard. We should refine the opening trial procedure of compulsory medical treatment release and include patients into the scope of community rehabilitation system. The problem of “the compulsory medical treatment is hard to end” can be solved by community rehabilitation system,  and the patients can get effective treatment and return to society.

Key words: ending compulsory medical treatment, risk prevention, procedures of termination, community rehabilitation system