Criminal Regulation Of The Behavior Of Illegally Sending Others To Psychiatric Hospitals

China has the problem of illegally sending others to psychiatric institutions. The public widely call it "forcing healthy people into psychiatric hospitals ". Through various media reports, the nature of exposed most of the incidents is very bad, the consequences are very serious. However, due to the lag on the Criminal Law of China’s own limitations as well as criminal legislation, the state judicial organs can not be the perpetrator of such cases.In general The Criminal Code deal with acts to limit the personal freedom by the "illegal detention", and the behavior of illegally sending others to psychiatric institutions belong to the deprivation of personal liberty, that is, the behavior of people suspected commit this crime, but illegal detention crime has inherent limitations. The limitations of this crime of unlawful deprivation of personal freedom, but the reality is that, people of the behavior are totally with good intentions to take patients to take treatment. What is more, they declare that they may keep the "mental patient" away from making a danger to society and they should be commended for charity. Secondly, many cases of illegally sending others to psychiatric institutions involved in the crimes committed by companies, but the crime of illegal detention are also the relevant provisions of the crimes committed by companies, so that the crimes committed by companies can not be regulated. Thirdly, such incidents of public authority figure often looming, public security organs get involved in the vague area of legal regulation. Procuratorate can not take actions.Due to lack of relevant laws, the law can not give an effective deterrent to potential perpetrators, their illegal cost is very low, but it can have a very high income, so that virtually drive more people to commit such acts. On the other hand we see the countless victims of injustice can not be rescued, justice can not be done, which not only destroyed social justice beliefs of the people, but also make people lose confidence in the national government.From a global perspective, in many civil law countries, the Penal Code has some provisions on illegally sending others to psychiatric institutions. Due to the special nature of such acts, I believe that we should set up a new offence.The subjective aspects of the crime is that the perpetrator knows the victims does not exist a statutory basis to be identified as mentally ill. The objective performance is that the perpetrator sends others to psychiatric institution without consent or by means of concealment, fraud, threats made behavior agree. The crime subject is the general subject, and not only the "send" should be punished, but also the illegal "treat". The crime should also include crimes committed by units for many enterprises and institutions involved in such cases, the behavior do it more starting from the units own interests. Finally, the person who works in psychiatric institutions, make the illegal decision to make the victims admitted to psychiatric institutions, the person who exert influence behind the scenes and the civil service who make the decision of illegally sending others to psychiatric institutions should be severely punished.