Legal Analysis Of Compulsory Medical System Of Mental Patients In China

Mental patients surrounding us in life do not have the abilites of identifying, understanding and judging, so they can not understand their behaviours in a right way, and will make the behaviours of self-injury or wounding at any time. As a civilized society, we should give more attention to mental patients and the protection of the legal protection is particularly important. As the special nature of mental illness, mental patients often do not know how to be treated or refuse treatment, from the view of their own health, and the life and property safety of other members in society, so in certain cases, the mandatory hospitalization of mental patients is a necessary requirement to maintain normal social order.There are difficulties of compulsory medical system of mental patients, such as Identified difficulties, medical diagnostic right dissimilation easily by public power, meanwhile the compulsory medical system is outdated and lacking content, leading to the abuse of mandatory health care system, therefore mental patients who don’t need hospitalization are forced to be hospitalized whose legal rights have been violated, but some danger mental patients don’t receive the necessary treatment and control,then the consequence of harming the society will occur. In order to avoid the occurrence of such cases, we need to improve the mental health legislation to standardize compulsory medical system, which requires the effective rules on identified subject, object and scope of application, the specific procedures of compulsory treatment to mental patients,then make sure the function of set-bound Effective provisions to protect the mental function of compulsory medical system will work. At the same time of improving the law, we should increase financial investment in mental health service, train more professional talents, build more mental hospitals to solve the growing problem of mental patients lacking of treatment. Through the above measures, the compulsory medical system will work effectively, and protect citizens, meanwhile create the necessary conditions to let the mental patients return to society.