The Research Of The Mental Patient’s Guardianship System In Our Country

In recent years,"be mental illness" this phenomenon attention by people, the mental patient the attack also common occurance, behind these events is not only reflected from the social problem, but also a legal problems. We to the mental patient monitoring system of the purpose of the study is to protect the legal rights of the mental patient, make the mental patient life normalization, maintain the normal social order, and also for the law applies to provide detailed rules of law. Long-term since, our civil law theory research on minors guardianship system of legislation, and ignore the mental patient monitoring system of the legislation, cause mental patient monitoring system theory foundation weak, the system is not complete, the existing mental patient care system is hard to meet the demand of social development. Based on the spirit of the health legislation as the background, through the analysis of overseas the mental patient’s guardianship system and our country to mental disease patients’ rights legislation and judicial protection in the practice of the status quo and the deficiency, in foreign advanced system and on the basis of the concept, put forward the suitable for China’s national conditions of mental patient monitoring system improvement suggestions.This paper mainly divided into four parts, according to the mental patient’s physical and mental characteristics, through the continental law system and common law system reform of the mental patient monitoring analysis, thinking over the mental patient monitoring system. The paper is to "respect I own decision","maintain the normalization of life I","emphasizing personal care" new concept as the basis, the mental health act "as the base, combined with the new development, considering the situation of our country, pay attention to the guardian’s care and the ability to have the ability to recognize by guardian’s will, and foreign policy, from the legislation and judicial practice two to improve the system of Chinese civil code guardianship system, set up China’s national conditions of mental patient monitoring system.