The Protection Of Civil Rights By Mental Health Law

People with mental disorders as a "constitutional citizen", their particularity, ought to be under special state protection. Statistics show that increasing the number of people with mental disorders, and protect the status quo is not contempt, with mature mental health legislation experience abroad, legislation to strengthen the mental disorders civil rights protection in China is urgent. In recent years, while the endless stream of "being mentally ill" event, became the focus of public hot. These reasons prompted Mental Health law in the long-awaited introduction, and in May1,2013to implement. The problem is really solved it? The author obtained a negative answer, after extensive research and careful thought. To protect the civil rights of people with mental disorders, Mental Health Law still has many shortcomings. Mental health legal system in our country is still not perfect, mental health status is still not optimistic.This paper consists of four main parts. The first part, overview of the Mental Health Act, the author first discusses the concept of mental health law, the legislative process, basic principles, and adjust the objects, secondly analyses the meaning and the meaning and concept selection of the "mental disorder". The second part, firstly, the author demonstrates the necessity of the civil rights protection with mental disorders from two aspects of theory and reality need, and then, analysis of the main content of the law protection of civil rights from the perspective of the mental health law subject content. The third part, the paper combs mental disorders protection of civil rights international legislation and introduces advanced legislation in other countries from the standpoint of comparative law. The fourth part, affirming achievements of the Mental Health Law, while the paper points out that the existence of conflict of laws with the logical not free, guardian rights out of control, involuntary treatment period uncertainty, many rights protection not thoroughly, poor relief way, special groups not special protection and other issues. For the shortcomings of existing legislation, the author proposed to set up a special section to protect interests of people with mental disorders, improve procedures for involuntary treatment, guardianship oversight mechanisms to build and refine the specific rights protection provisions, given the right to sue on behalf of an independent agency, the minor mental disorders and other special groups of special protection, such as improving related legislative proposals, through the advanced experience of developed countries, and focus on the judicial practice in our country.