Research On Protection Of Mental Disorders’ Legal Rights

Being one part of our society, people with mental disorders are to be regulated and restricted by law. They can not recognize and control their conducts because of mental defect. More than ninety percents of patients with mental illness can not be cured in time and effectively, which is a great danger to both the patients themselves and the society. Targets of Crimes committed by people with mental disorders are always unspecific and they always appeal to arms. The case of QiuXinghua in Shan Xi province in2006have arose great attention to the crimes committed by mental disorders. Regulations of crimes committed by mental disorders presently are not detailed enough. The contents of substantive criminal law are ambiguous. Take the article18of criminal law as an example,"mental patient" and "when necessary" are not defined clearly and definitely. The lack of procedural law is another problem, the articles of procedures of judicial identification and compulsory medical treatment are not clear and definite in the criminal procedure law of our country. Not a Mental Hygiene law is promulgated until now; therefore, local districts publish many local regulations related to mental disorders according to their own situations. But there is not a unified standard of local regulations until now. Besides, the currency of some normal people being forced to be mental patients in recent years result in bad impression across the whole society. The imperfection of supervision over adult mental disorders and compulsory medical treatment system is the most important reason. Chapter one of this thesis demonstrates the legitimacy and necessity of protecting the rights of mental disorders. Chapter two analyzes the legal construction of rights of mental disorders and points out the existed legal institutions that are related to the protection of rights of mental disorders. Chapter three analyzes the present situation of protection of mental disorders by comparing the history at home and abroad. Chapter four puts forward the corresponding perfection suggestion in the basis of the analyses of the preamble and the existed deficiency. Suggestions are given with the present situation in our country.