The Legal Protection Of The Right To Health Care Of The Mentally Ill

The mental patient care is one of the symbols of modern social civilization and progress.With the advance of China’s modernization drive,the rhythm of the community is growing fast,the people’s pressure is also growing,the number of psychiatric patients also showed anincreasing trend. Special social group of mental patients can not fully express their will. Weneed to give more attention to them, especially in the protection of their right to health care.This will not make them gradually into normal social life, but to reduce the occurrence ofbodily injury and property damage caused by violations of normal human mental patientscondition. The article practicing the principle of the state respects and safeguards human rightin the Constitution, perspective of medical protection of the rights of mental patients, to buildthe perfect system of legal protection of the right to health care of mental patients is the endresult. The system analyses the necessity of legal protection of the right to health care of themental ill and give some perfect proposals.Overall, this paper is divided into introduction,text and epilogue.In the introduction, it briefly illustrate this paper’s background,significance, key content,etc.The text is divided into three main parts:Defined from a medical point of view to make the first part of the mental patients,elaborated the theory of the health care rights of mental patients, mainly from three aspects ofdiagnosis, treatment and cure aspects to elaborate the medical rights of mental patients shouldenjoy.The second part discusses the theoretical basis of the health protection of the rights of thementally ill from the point of view of the Constitution. These two aspects of the main entrypoint for the point of view of constitutional guarantees of human rights and constitutionallimits of their power and national security obligations. Protection of human rights from theConstitution to protect the human rights of equality and universality discuss the need forhealth protection of the rights of mental patients.Limit of their power mainly from the point ofview of the exercise of state power should be limited, the national safeguards obligations is tofollow the spirit of serving the people of the Preamble to the Constitution, this special groupof mental patients protect their right to health care, adequate constitutional basis. The third part of the origins of our existing structural system and content structuresystem to illustrate the current status of the legal protection system of health care rights ofmental patients. In the analysis of the problems of the security system of health care rights ofmental patients, mainly from the following:the legislative system is not complete, there is astructural defect; legislation is not clear enough and comprehensive; liability is not clearenough and a lack of operability; supervision and punishment mechanism is not perfect andpoor implementation. Finally, discuss the problems of legal protection of the right to healthcare system of mental patient is caused mainly due to the weak awareness of human rightsand legislative technical backwardness.Part IV describes the perfection of the system of legal protection of the right to healthcare of metal patients. Reconstruction of the concept of the legal guarantee of the right tohealth care of mental patients from starting to adhere to the constitutional principle of theprotection of human rights and scientific and rational legislative philosophy. Focus on theimprovement of the legislation to protect the rights of mental patients medical system,improve the quality of legislation to improve the legal aid system for mental patient.At the epilogue part, it briefly summarizes the full paper.The legal guarantee of the right to health care of the mental ill is more conducive tosafeguarding the legitimate rights and interests of the mental ill, mental patients as soon aspossible into the normal lives of the ordinary people, but also conducive to the harmoniousdevelopment of the long-term social, accelerate the pace of the socialist modernizationconstruction.