Research Into Compulsory Medical Treatment Of Mental Patients And Protection Of Their Rights

Based on the concept of protecting human rights, the Mental Health Law specifies thebasic rights of mental patients during the process of hospitalization, illness evaluation,treatment, and recovery. The Law makes voluntary hospitalization and treatment as thebasic principle, thus preventing the disorderly treatment of mental patients. Proceedingfrom the protection of the rights of mental patients and sorting out the deficiencies in theforced treatment of them, this thesis proposes that compulsory mental treatment should beincluded in judicial examination and the power to make decisions concerning compulsorymental should be exercised by the people’s court. Moreover, specific guardian should bedesignated to protect the rights of mental patients while being hospitalized. The healthadministrative departments should set up the mechanism of regular examination to protectthe litigation rights of mental patients so that they will not be hospitalized for a long time.The thesis also suggests that a transitory mechanism be set up before the modification ofthe Mental Health Law. Meanwhile, by analyzing the respective responsibilities of thecountry, the society, and the family, this thesis discusses the construction a comprehensiveprotection system for mental patients and makes suggestions to the modification of theMental Health Law and to health practice.