Study On Legal System Of "Forced Mental" Person’s Right Relief

Recent years,"Forced mental illness" phenomenon happened frequently in ourcountry which has aroused widespread social concern. With its characteristics of passive,arbitrary and infringing, the phenomenon is caused by the joint action of politics,society, and institution, and has caused some harm to the legitimate rights of individualcitizens and the whole society. The current legal system of “forced mental” person’sright relief of our country has some defects such as non-uniform legislative system,inadequate entity content, unsound procedural requirements, which are not conducive tothe “forced mental” person’s right relief. In sharp contrast with our country, legalsystems of “forced mental” person’s right relief of international organizations andoverseas are more advanced, especially in international legislation, English law,American law, Japan law and China Taiwan legislation, which are worth ourinvestigation and reference. After the study of China’s current legal system of rightrelief, combined with the extra-territorial advanced experiences, the author points outsome suggestions to improve the legal system of “forced mental” person’s right relief ofour country, those are, a unified mental health law should be developed, the entitycontent of the right relief legal system should be enriched, the procedural requirementsof the right relief legal system should be built.In addition to the introduction and conclusion, this thesis is divided into four parts,the whole thesis contains a total of approximately twenty-eight thousand words:The first part is the analysis of the “forced mental” phenomenon. Firstly it gives abrief introduction of some typical cases of "forced mental illness”, then it sums up thecharacteristics of the phenomenon of "forced mental illness" on this basis, and lastly itgives a further analysis of the causes and harm of the phenomenon. This part gives anexplicit study object for the whole text, and lays the foundation for the following study.The second part is the analysis of the present situation and the defects of legalsystem of “forced mental” person’s right relief of our country. Firstly it gives ananalysis of present situation of the right relief legal system of our country from fouraspects: civil law, criminal law, administrative law and other normative documents.Then it analyzes the defects of the current legal system of right relief. This part haspaved the way for the perfection of legal system of “forced mental” person’s right relief.The third part is about reference to the legal systems of “forced mental” person’s right relief of international organizations and overseas. This part introduces the legalsystem of right relief in international legislation, English law, American law, Japan lawand China Taiwan legislation, and provides reference to the perfection of legal systemof “forced mental” person’s right relief of our country.The fourth part is about some recommendations on the perfection of legal systemof “forced mental” person’s right relief of our country. Focusing on defects of thecurrent legal system of right relief and combining with extra-territorial experience, thispart puts forward the corresponding improvement suggestions form the three aspects ofthe legislative system, the Entity content and the procedural requirements.