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The Mental Patient Compulsory Medical Treatment System Research

Posted on:2014-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z WangFull Text:PDF
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Mandatory medical of mentally ill, is a very important measure. On the one hand, it isabout the rights of mental patients, on the other hand is also related to the interests of thecommunity. Before2012, the laws of compulsory medical measures of mental patients inChina was relatively few, there were some legal gaps, was not conducive to the smooth andeffective implementation of compulsory medical measures. The Mental Health Act2012andthe introduction of the new Code of Criminal Procedure, from a legal perspective, to fill theblank compulsory medical measures on mental patients in China, improve the health caresystem of mandatory mental patients, the rule of law to allow of mandatory medical system inChina before entering a new step.The paper is composed of five parts.The first part is the mental patients forced medical overview. Summarized the concept ofcompulsory medical definition of mental patients, three conditions should be met by themandatory medical startup.Compulsory medical measures and human rights, there is a certainconflict of mental patients, including two rights of liberty, privacy. Therefore, the provisionsand implementation of compulsory medical measures must consider these contradictions, tocoordinate the relationship between the two. Positive significance to the implementation ofcompulsory medical measures, on the one hand, it is to protect the mentally ill and othersrights; on the other hand, it is also conducive to the mental patient medical assistance to thetimely and effective treatment, so patients need to undergo medical treatment; and it is alsobeneficial to maintaining social stability, maintain social stability.The second part is the Mental Health Act provisions of compulsory medical treatment ofmental patients. The Mental Health Act from the applicable conditions, the objection to there-examination and identification system, the rights of the mentally ill, medical institutionsshould pay attention to the prohibitive provisions of the administrative department of healthinspection rights aspects of the civil nature of compulsory medical requirements. To look overthe Mental Health Act, it summarizes with mental patients on the contents of the system ofcompulsory medical, thus civil in nature have a rational understanding of compulsory medicalsystem.The third part is the new Code of Criminal Procedure, the mandatory provisions of thementally ill. Newly revised Criminal Procedure stipulates that it includes the mandatory medical application of object, the subject of an application and the decision of the main modeof the trial, the litigation rights of the parties.The fourth part is the Mental Health Act and the new Code of Criminal Procedure shouldpay attention to the problem in the implementation process. First, the Mental Health Actshould be noted some problems. One is the determining the subject of a civil naturemandatory health, the other is the litigation relief right of these. As well as it explores twoaspects of the problem that one is the criminal of compulsory medical treatment in the publicsecurity organs to take temporary protective measures, the other one is the program ofmandatory medical execution. Second, analysis the flow method on linking process shouldpay attention to problems, in order to better implement compulsory medical system.The fifth part is forced other issues related to the medical and mental patients. First, itanalysis the problems of mental patients guardianship system, at the same time it put forwardthe idea of the guardianship system recommended. Second, it analysis the problems of thejudicial psychiatric appraisal system, mainly for judicial psychiatric appraisal of the lack ofrisk assessment, and suggest a resolution.
Keywords/Search Tags:mental patient, compulsory medical treatment, the Mental Health Act, the Code of Criminal Procedure, right
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