Research On Legal Problems Of The Treatment Of The Mental Patients In Medical Organization

With the development of society, the progress of the awareness of the protection of human rights, the protection of rights of mental patients is having more and more attention from the society. Especially in recent years, in the treatment of patients by medical organizations, the problems of normal person considered as a mental illness and so on has taken widespread society attention and media attention. Meanwhile, the " Mental Health Law " which is a "dystocia" law for27years has been born conforming to the call of the times, carrying the spirit of the medical profession as well as the good of the community expectations, the law is about to be implemented on May1st of this year. The implement of the "Mental Health Law" how to protect the rights of the mental patients, whether to fundamentally solve the existing problems and which needs to be perfected, these questions will be discussed as following four parts in this paper:the first part, introducing the definition and classification of the mental illness and mental patients in medicine and jurisprudence, briefly describing the characteristics of psychiatric diagnosis and treatment, and analyzing the existing mode (before carrying out the "Mental Health Law") of the medical organizations admitting and treating the mental patients; the second part, deeply discussing the legal relationship of medical contractual relationship, mandatory medical relations (administrative law relationship) and entrusted guardianship of the doctors and patients during the process of admitting the mental patients, combined with the relevant provisions of the Mental Health Law, further expounding the rights and obligations of both doctors and patients; the third part, firstly deeply analyzing the legal issues exposed in the process of mental patients admitted to medical institutions, in particular the problem of normal persons considered as a mental illness, the reasons causing said problems comprising imperfect relevant laws, government abuse of public power, collusion between medical staff and the sender of the patients, misconduct in office of the medical staff, with no related relief measures and no internal hospital review mechanism. Then analyzing the administrative, civil and criminal legal risks of medical institutions in the problem of being considered as mental patients, especially expounding the medical institutions should prevent the risk by strengthening self-discipline, strengthening professional skills training, improving the diagnostic capabilities of psychiatrists, establishing and improving the internal hospital review mechanism and guaranteeing the implementation of the rights of patient communications and receiving a visitor; the fourth part, combined with current medical practice, analyzing the problems may exist after the introduction of the Mental Health Act, such as after implementing the law; in the current admitting practice, resulting in patients admitted to hospital to be unlawful; the decision main body of the medical supervision mandatory hospitalization mode is wrong; the "risk" of the mental patients is hard to be identified; lacking in specific provisions of the timeliness to the outpatient observation staying in hospital and leaving the hospital, finally, offering related recommendations with perfect legislation to inspire the perfection of the legal system of China’s mental health.