关键词: 医疗观察, 强制医疗, 鉴定意见, 精神障碍

Abstract: The appraisal opinions in the Japanese medical treatment and supervision procedure have three main characteristics, namely, the prior consultation, the accompanying therapeutic and the suggestive nature of the content.Moreover, the appraisal opinions do not fully constrain the judge’s judgment, and the judge only needs to adopt a reasonable part. The appraisal opinions need to be subject to substantive and dynamic review in court, and the appraiser and other social forces will also participate. China’s compulsory medical procedures should establish a correct concept of procedural application, reduce confrontation, focus on determining the appropriate treatment for patients with mental disorders, and form a comprehensive decision-making model for judges based on “appraisal opinions plus trial opinions”. At the same time,several review elements are introduced to quantitatively determine the “personal danger” elements. By establishing a system of appraisal retention, activating the system of appraisers appearing in court, and attracting relevant experts to participate in the review, the substantive and dynamic review of appraisal opinions is achieved, ensuring the personal rights and interests of patients with mental disorders.

Key words: medical treatment and supervision, compulsory medical treatment, appraisal opinion, mental disorders