The Research On Due Process Of Compulsory Health Care For Mental Patients

Accompanied by the development of mental health services, and the quickening pace of modern social life, the problem of mental illness has increasingly become a major social issue of the impact on our society of freedom and security, human rights, social stability. Compulsory medical measures have emerged to solve these issues.The value of compulsory medical treatment for Mental patients is to maintain social security and help mental patients to return to society But the lack of due process of compulsory medical in the field of criminal justice as well as social areas of governance causes outstanding problems, that is to say the mental patients should be treated with compulsory medical can’t gain proper medical aid and the normal people are facing human rights abuses by compulsory medical treatment. This makes compulsory medical is not only an incomplete substantive law issues, what’s more, it’s a problem that how to due process to improve the protection of human rights mechanisms.The writer tried from the perspective of due process to make this problem return to the rule of law state. First, The writer discusses the theory meaning, functions and setting of the principles of due process of compulsory medical and the main content. It displays a complete and ideal state of due process of the mental patients forced compulsory medical, which aims to provide theoretical guidance to build a complete system of due process of the mental patients forced compulsory medical. Next, through a brief analysis of some real cases, the paper pointed out that there were many procedural injustice phenomena in compulsory medical reality and analyzes the designation of the process of the mental patients forced compulsory medical included in the newly disposed "Mental Health Act (Draft)" in order to find its defects of procedures. At last, the paper gives some recommendations on the designation of perfect mental patients forced medical procedures which in accordance with due process requirements.