我国正处于复杂的社会转型阶段,社会犯罪率不断上升,其中不负刑事责任的精神病人犯罪的现象愈加普遍。针对这一问题,我国新《刑事诉讼法》在特别程序中增加了依法不负刑事责任的精神病人的强制医疗程序,其目的是为了维持社会秩序稳定,同时保障精神病患者的权益。由于改程序增设不久,其设置并不完善,许多细节之处仍存有法律空白,尤其是检察机关的监督方面缺乏法律依据。 Our country is in a complex stage of social transformation, and the rate of social crime is on the rise. Among them, the criminal cases of mental patients who are not criminally responsible are becoming more and more common. In response to this problem, China’s new “Code of Criminal Procedure” has added to the special procedures mandatory medical procedures for mental patients who are not criminally responsible according to law. Their purpose is to maintain social order stability while safeguarding the rights and interests of patients with mental illness. Due to the change of procedure, the establishment of the procedure was not perfect. There were still many legal gaps in many details, especially the lack of legal basis for the supervision of the procuratorial organs.