Compulsory Medical Treatment Of Mental Patients Civil Rights Protection Research

Problems of protection of legitimate rights of general civil have been providedby China’s " general principles of civil law "," the people’s Republic of China TortLiability Act " and other laws and regulations But there are many imperfections inprotecting certain special subject of civil rights, wherein, one of the most importantaspects is the protecting of psychiatric compulsory medical personnel of civil rights.In2012, China’s " mental health law " was created by the Eleventh National People’sCongress in October26,2012twenty-ninth meeting of the Standing Committee andwill come into effect in May1,2013. To provide a legal basis to enact the law on theprotection of the legitimate rights of mental patients in china. But as a new legal,either in chapters design or in the provisions of the content, there are flaws andimperfections. This paper mainly analyzes " mental health law " the relevantprovisions, combined with the domestic and international relevant mental diseases ofcompulsory medical system science useful experience, to find China on the protectionof the rights of compulsory mental health problems of medical personnel civil,analysis of its causes, and put forward some reasonable suggestions of the author’s thecontribution, in order to better protect the mental disease in China compulsorymedical personnel civil rights.This paper first through two cases cited, it is necessary to study the problem.Then the compulsory mental health problems of protecting civil rights of medicalpersonnel were discussed. The process is divided into two aspects, one is the analysisof the need for compulsory treatment of mental patients, which determine the mentalpatient compulsory treatment standards and procedures, which relates to China’s "mental health law " of mental patients in hospital treatment prescribed by force, thedifference and connection between the provisions than with other countries theprovisions of the world, thereby avoiding limit their personal freedom to providetheoretical support for our country need not compulsory medical treatment of psychiatric patients, and better protect the people’s legitimate civil rights. On the otherhand is analysis confirmed for compulsory treatment of psychiatric patients in thehospital, protection of the legitimate civil rights enjoyed by the. The forced period inpatients with vulnerable, such as equality, liberty, the right to health, the right ofprivacy, the right of informed consent is demonstrated. Through the analysis of theabove two aspects of the theory, combined with the reality of our country, and learnthe advanced ideas of American, Canada, Japan, China’s Taiwan region in variouscountries and regions, the authors try to find out problems in psychiatric compulsorymedical personnel in the protection of civil rights. Through analysis of research:legislation of China, procedures set level, right relief level and material security arelag. Now the causes of the problems have been foud, in the fifth part of this text, I putforward some reasonable suggestions, in order to achieve good results.The innovation of this paper is to follow the legislative trend, close to the real life. China’s "mental health law " was issued at the end of2012, unreasonable according to the shortcomings ofthe law, not a large number of theoretical research, and this paper strive to find the problems frommy own perspective, to find out the answer. At the same time, in recent years, psychiatric patients,particularly by compulsory medical mental patients civil right infringement cases have occurred,how to better protect this special group of the lawful civil rights will become the focus of futureresearch issues in law, medicine in china. transfer rules, especially the United States afterTu-Vu rules, combined with the actual situation in our country in the fourth part onthe above four questions put forward its own improvement Suggestions.