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How To Protect The Right To Medical Treatment Of Mental Patients

Posted on:2012-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:W Y LinFull Text:PDF
GTID:2166330335988565Subject:Law
Abstract/Summary:PDF Full Text Request
According to authoritative statistics, the total number of mental patients has more than 400 million people as much. Mental health issues have become major public health problem and highlight the social problems. It is important to protect the right of medical treatment for mental patients to establish a harmonious society. China's current medical treatment of mental patients was biased understanding, we need to improve as soon as possible. In this paper, I propose the concept of the right to medical treatment, analysic the current problem of guardianship and compulsory medical treatment in China, and make relevant suggestions for improvement.In chapter 1, I propose the concept of the right to medical treatment, introduce the nature and classification of medical treatment.I think the medical care are not the part of the right to health, but a right of action.In chapter 2, I briefly explain the concept, characteristics, types of mental illness, and then clear the difference between mental illness and the illness in mental, and finally I think that mental illness the spirit of the law referred to is that patients in need of special protection of a competent person.In chapter 3, I discuss the influence and role of guardianship to the right to medical treatment of mental patients. According to the concept of this chapter, the concept of care, nature, functions and characteristics of the right medical aspects, the reason of medical treatment of mental patients the right to be exercised by the guardian of the mentally ill is because mental patients'legal recognition will not form.So the law endue the guardian's will being the mental patients'will. The guardians help mental patients live a normal life in society through the exercise of the rights of mental patients.In chapter 4, I focus on the elements of guardianship system. Firstly I analyze the guardian who will play. Secondly I analyze the exercise of guardianship in which several aspects of performance. Finally, I discuss the process of raising several aspects of guardian of mental patients.In chapter 5, I describe the exercise of power of attorney guardians. Agents usually act as the legal guardian, is responsible for the exercise of the right to medical treatment of mental patients. I focus on analyzing the medical treatment of mental patients the right agent when compared to ordinary agents extraordinary.In chapter 6, I list the real spirit of the difficulties faced by patients for medical treatment. Since there is not a complete mental health code in China, health care based on the current force are some local regulations, which led to the patients of mental health care system mandatory, there are significant shortcomings, such as self-contradictory legal provisions and the violation of spirit of the law, admitted to program, the lack of opposition procedure and so on.In chapter 7, I propose solutions to the difficult of the medical treatment of mental patients. The program primarily propose to improve the monitoring system and the compulsory health care system in two parts. The responsibilities of national guardian guardianship system should be expanded. Mental illness mental patient's family in the sudden can automatically become guardian to exercise the right to medical treatment. Compulsory medical decisions should be subject to the court. Mental patients can make a request for discharging from hospital after recovery.Finally, to summarized the conclusion of the full text of proposed values of this article.
Keywords/Search Tags:The right to medical treatment, Capacity, Guardianship, Compulsory medical
PDF Full Text Request
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