| Legislators initiate Civil Commitment mechanism originally is to treat it as a public policy tool, and maintain public safety by limiting the individual security. Therefore, mental patients always tend to be placed in the margins of society.With the human rights movement being carried out deeply, a series of speculative spirit of patient's rights appear. The legislative concept associated with mental patients, experienced from the initial "deportation", "isolating" and gradually changed to "reception", "inclusion", and now "active protection." As having a strong impact on the rights of personal freedom and choice, Civil Commitment and the patients'Admission become the quite controversial topic in the mental health field.Also the system is undergoing the risk of abuse as the result of political, economic and other motives. Currently, more than 140 countries worldwide have enacted the Mental Health Act. In Chinese mainland in 1985, the Mental Health Act was drafted the first time. After having been modified several times, the latest draft was released in 2009, but yet, the legislation has not been formally introduced. In our existing legal system, there are only more than twenty items associated with mental patients, scattering in "Criminal Law", "Civil Law", "Criminal Procedure", "Civil Procedure", "Protection of Disabled Persons", "Interim Provisions of forensic mental illness" and so on. The mental patients'Admission and the treatment right, as the most basic rights, aren't explicitly recognized. Looking at the latest content draft of the Mental Health Act, as the drafting was led by the health sector, medical experts'opinion seem to occupy the dominant position. The legislation is characterized by sector interest, and the legislation spirit seriously deviates from international protection concept and standards of human rights. In China-related law research, articles about the Civil Commitment are very few. In practice, the phenomenon of being forced medical treatment against the wishes of the patient or family members is also extremely common. Many countries have established the Mental Health Act. In order to supply more procedural protection for mental patients and to attach the international protection of human rights, China should establish the system as soon as possible.This text draws up to divide a five-part cent to take into treatise:Part I:Outline of Civil Commitment. An overview of the definition of Civil Commitment and the basic principles of system. The author will introduce the importance and the relation between Civil Commitment and the capacity assessment for civil conduct, and do some analysis of the issues associated with the forensic psychiatric identification and guardianship.Part II:The historical review, of the Civil Commitment. The major retrospective is the history of Civil Commitment in different stage.Part III:Elaborating Civil Comment's real elements. The author intend to detect and demonstrate the modern trend and the main features of the Civil Commitment.Part IV:Elaborating Civil Commitment's procedural elements. The categories include emergence case and other case. The author also will do the comparison of the procedure between the United States and Japan.Part V:The deficiencies and the improvement of Civil Commitment in China. Including:(A) The assessment of the status of Civil Commitment measures.(B) The nature of Civil Commitment should be defined clearly. People should reform the legislation spirit and develop the appropriate procedures combined with national conditions. At the same time, the author will do a brief introduction about the choice of legal application with the incidence of injuries during mental patients hospitalization. |
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