The judicial procedure of involuntary medical treatment in the longitudinal structure should be divided into two phases： The prepositive identification procedure that examines the mental health condition of the possible patient,and the decision procedure of involuntary medical treatment. The decision procedure has been provided by Criminal Procedure Law of the People＇s Republic of China（ 2012 Amendment）,while the progress made in the resetting of the right to start the identification procedure is considered quite slow. From the aspect of the existing law,the aspect of the evolution of the relating theories,the aspect of the judicial judgment in whether the possible patient may be dangerous to personal safety,as well as the aspect of procedure law,we based our research on empirical analysis. In this process,we discovered that the current involuntary treatment decision procedure possesses is neither the function nor the value similar to restriction order. As a matter of fact,it is a confirmation procedure aiming at the settlement and the treatment of mental patient.Therefore,we disagree to consider it as measure similar to restriction order. Judge＇s ability to evaluate evidence has objectively dominated the operation of judicial procedure for the involuntary medical treatment,which we concluded as ＂the causality between the free evaluation of evidence and the initiation pattern of mental patient＇s judicial identification procedure＂,and ＂the causality between the free evaluation of evidence and the type of involuntary medical treatment＇s decision procedure＂. Based on this conclusion,we have further inferred3 types of initiation pattern under different abilities to evaluate evidence.
Tribune of Political Science and Law（Journal of China University of Political Science and Law）
Procedure of Involuntary Medical Treatment
Initiation Pattern of Mental Patient＇s Identification in Judicial Procedure
Free Evaluation of Evidence
Causality in the Longitudinal Structure