The Study Of Compulsory Medical Treatment System For The Mental Patient In Our Country

In neighboring countries, many of whom have established a relatively perfect medical system ofmental health, but the our country is slow. Especially in recent years, the frequent cases related to themental patient is a wake-up call to us. Worth’s delight, on March14,2012,the through of "Criminalprocedure law (amendment)" and on October26,2012, the issue of Mental health law, what it is a big stepin the work of mental health in our country to regulate. Both medical and legal science scholar, and thepublic, have given great attention, and a new round heated debate is being carried out.This article mainly discuss one of the problems in the work of mental health, what it is the mentalpatient’s compulsory medical treatment system. This article mainly adopt the concept of basic research,historical research, comparative analysis, theory analysis, the methods of literature analysis, and soon.Under the background of mental health legislation forward, we want to be able to realize its advantagesand existing insufficiency, which is in order to better development in the future.Except the introduction and epilogue, this article mainly divides into the following three parts:Before the first part, we mainly discusses the overview of the basic theory, which will help to clarifythe relevant problems and make us more clear of the after discussion. First of all, for defining the mainbody of this article——the mental patient, we should have a clear distinction between mental illness andmental disorders, which is on a major premise; Secondly, I put forward a new concept, namely "kind ofcrime". China’s criminal law only provide that the mental patient don’t need to bear criminalresponsibility,but it did not decide whether it constitutes a crime.Therefore, the author puts forward "kindof crime", to make it clear that the mental patient cannot constitute a crime, and to counter the view thatsome scholars putting forward "violate the criminal law of mental patients should not be regarded as notguilty"; Again, I clarify the concept of the compulsory medical treatment, and discusses the theoreticalbasis of compulsory medical treatment system.The medical treatment is a national duty, human rights andthe inevitable requirement of due process,.The theoretical basis provide theoretical support for laterdiscussion; Finally, I analysis the historical development of foreign compulsory medical treatment system,and survey the compulsory medical treatment system of some developed countries implementation present situation.At the same time,compared with our country’s current system, we can find some valuable clues toour country, in order to promote the further perfect of compulsory medical treatment system in China.The second part, the author will view back to our country.I will analysis deeply and in detail on thehistorical development of China’s compulsory medical treatment system. At first, I will tide up thehistorical trajectory of China’s compulsory medical treatment system,which will be help to understand thesystem of the historical background, to sum up experience, to clear the development trend of the future, andto seek better development. Then, according to"criminal law","criminal procedural law", and "mentalhealth law ",the author discuss the specific provisions of the current compulsory medical treatment systemin China in detail."Criminal law" article18play a major legislative guiding role about compulsory medicaltreatment system for mental patients for a long time.But because of its provisions are too general, it oftenbuilt on stilts in practice.The amendment of the criminal procedure law has made a clear rules tocompulsory medical procedures, such as the applicable objects, the startup subject, trial procedure, reliefand supervision, etc.While legislation is a big step forward, but it still exist some defects. It is important tonote that the issue of mental health law timely make up the blank of Chinese mental health legislation foryears, including the compulsory medical treatment of mental illness.But because of it adopts the principleof voluntary hospitalization, which makes the implementation of the compulsory medical treatment stilllimited. Therefore, the author put forward some comprehensive countermeasures, in order to betterimplementation of the legislative purpose.The third part, from a macro point of view, I put forward some auxiliary measures about the system ofmandatory medical,mainly including census, perfectting the supervision system, setting up the mentalpatient treatment fund, social support, etc. These auxiliary measures will prevent the mental patient toimplement anti-social behaviour from the source,and these are the prepositional procedure of compulsorymedical treatment system.It need the joint efforts of the family, community, health, public security, otherdepartments and the public. Only by these measures and compulsory medical treatment system cooperatewith each other, our country’s mental health can be orderly, and the social order can be harmonious andstable development.The implementation of the compulsory medical treatment system for mental patients, restrictions onthe freedom of mental patients, in order to maintain the stability of social order, and also involves the protection of the rights and interests of mental patients.So it is a dilemma of rule of law in modern society,and all countries in the try. This article is just a beginning.I hope more scholars to research relatedissues.And finally realizes the mental patients’ interests protection and the social order stability of perfectand unified.