Study Of Mental Patients' Rights Protection Jurisprudence

It is quite hard for mental patients to protect their own rights because their thinking ability or emotion may be affected by mental disease. Affected by social discrimination and prejudice, mental patients' rights often couldn't be supported by legislators or judges. This thesis is written to analyze related legal provisions in China and point out the paradoxical attitude of law in force towards mental patients. This thesis is an attempt to improve mental patients'social status as social subjects and give some advices to improve the legal provisions in force.A general overview of the state of mental patients' rights is given by the opening chapter. Firstly, the concept of psychosis and the phenomenon of its mass epidemic are described to cause reader's attention of its imminence. As a special social subject, the protection and set of mental patients' rights must be special. Then the history of the protection of mental patients' right in china is described to show that law is changing while the attitude of nation and society is changing. Such change is the result of the developing social civilization. This chapter will give readers background information for this thesis.In the second chapter an analysis of legal provisions in force is taken. After the description of rules of capacity for civil conduct, the capacity for criminal responsibility and the guardianship, the shortness and bad effect of rules in force are pointed out. This chapter is the analysis of rules and will lay the foundation of the theory analysis.The third chapter is the theory analysis from Jurisprudence's view and is the main part of this thesis. The protection for mental patients is decided by their status as social subjects, the need of human rights and justice. Several principles needed to be followed are also pointed out along with the aim of legislation.The last chapter is the advice for perfecting rules in force. The chapter is divided into two parts. One part is about to improve legislation, the other one is about to build up a system to protect mental patients, because this task needs cooperations of our nation, society and patients'family. Through such cooperation and efforts, the aim described and hoped in this thesis can be reached.