A Study On Judicial Remedies For Psychiatric Patients Of Involuntary Medical Treatment

The mental health question is not only the global significant public health question, is also the more prominent social question. The mental health receives people's attention day by day and takes seriously, our country mental health enterprise because of lacks the consummation the legal regime support to be at backwardness condition, this paper put on" Mental health law (Draft)" proposed amendments from the definition and nature of the compulsory medical treatment, combined with the spirit of the judicial relief of the legislation and the judicial situation, when the " Mental health law (Draft)" openly solicited suggestions. This paper is divided into three parts:The first part introduced the concept about the mandatory medical treatment of mental patients, and putting forward my own views based on the academic medical dispute of the academic circles. This paper discusses the forensic psychiatry on the foundation of connotation, analysis of China's criminal law and administrative law in the spirit of the compulsory medical treatment after the expression of the concept that:" compulsory medical treatment" can best embody the national social security and medical care for psychiatric patients dual purpose, used to describe the study object of this paper (that is, the field of criminal law and administrative law in the field of compulsory medical) is the most accurate. There is a academic controversy of the mandatory medical treatment for mental patients is compulsory administrative measures or criminal entity measures. This article obtains our country current" criminal law" and the administrative law of compulsory medical treatment for mental patients are compulsory administrative measures of nature conclusion basicing on the security concept and character and analysising the power operation state of the mandatory medical treatment for mental patients in our country.The second part mainly introduces the spirit of the compulsory medical treatment history and the current situation of the judicial relief of psychiatric patient compulsory medical treatment. The part firstly introduced the historical development and evolution of compulsory medical system for mental patients, revealing the process of security measures change from administrative law administrative coercive measures to judicial and administrative interaction. Secondly, the part conclused the current legislative situation of the judicial relief from the legislative and judicial situation two aspects of our country mandatory medical treatment for mental patients at present. There is the lack of the current law or administrative regulations for judicial relief of mandatory medical treatment of mental patients, through arrangement of our country existing on psychiatric patient compulsory medical laws and administrative regulations, rules and other normative documents. The judicial relief of the judicial status reveals that the parties and their close relatives are difficult to prosecute, with the people's court difficult judicial dilemma of mandatory medical treatment case for mental patients review.The third part put forward" Mental health law (Draft)" proposed amendments basing on the Chinese spirit of the compulsory medical treatment of judicial relief problems. The mental patients compulsory medical judicial remedies is designed to protect the legitimate rights and interests of people who are compulsoried, but with the "psychiatric" growing number of cases, the afterwards relief system of the rights of citizens have been far from meetting the security needs of mental patients, prior review should been maked. Firstly, the mental patients'right of appealling should be protectted in the law according to the judicial relief parties prosecution difficult problem, including the right of prosecution, the right of appealling and retrial right, the right of obtainning legal aid. Secondly, the involuntary hospitalization of psychiatric patients that judicature system should be established in view of the severe legal consequences after diagnosed be patients by the psychiatrists, the only subject to recognize psychiatric patients is the court or other independent judiciary. Thirdly, the mandatory medical treatment for mental patients in the judicial procedure provisions should be written in the law drawing lessons from foreign legislation and "criminal amendment (Draft)" on compulsory medical procedure, promoting the spirit of the compulsory medical treatment changed from the administrative mode of operation to the judicial mode.