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Tudy On Protection Of Civil Rights Of Mental Disorders

Posted on:2015-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:S H YangFull Text:PDF
GTID:2296330431953459Subject:Law
Abstract/Summary:PDF Full Text Request
Along with our country issuing 《Mental health law》on May12013,people with mental disabilities’right protection is becoming more and more attention. People with mental disabilities as a special civil subject do not have full capacity for civil rights and capacity for civil conduct. And people discrimination against people with mental disabilities makes its living conditions more and more terrible. With our country’s legal system more and more perfect, our country should take much attention and protection for people with mental disabilities. In people with mental disabilities civil rights protection, the law plays a vital role. This paper aims to the study of the civil rights of people with mental disabilities and the protection problems, try to construct a mental disabilities rights protection system, and progress as a theoretical contribution for our country’s legal system. This article is divided into four parts, the specific content is as follows:The first part is the overview of people with mental disabilities civil main body status. The article mainly studied the concept and categories of the civil subject and test-retest reliability of special civil subject status. By studying the concept of civil subject, suggests that mental disorder is a special kind of civil for the following study of the civil rights of people with mental disabilities.The second part is the civil rights of people with mental disabilities. First, the study of the concept and classification of the civil rights and the research on the basis of mental disorder in the general civil rights special civil rights. People with mental disabilities as a limited capacity for civil action, and do not have person of civil action competence, and that they enjoy civil rights has been curbed, they have no common some civil rights of natural person, but also has some special and need to pay special attention to civil rights, such as treatment of rehabilitation, material help rights and so on.The third part is the study of the legal protection of civil rights of people with mental disabilities in the system and its defects. First, the article studied the foreign legal system and domestic legal system to protect the rights of people with mental disabilities civil. In the legal system, appraisal system, adult guardianship system about people with mental disabilities, and for people with mental disabilities rights relief system exist some shortcomings for the perfection of the below these defects are proposed.The fourth part is about the perfect our country the legal system for protecting the civil rights of people with mental disabilities. This section is divided into three modules, respectively is perfect mental disorder of the appraisal system, perfect the adult guardianship system and improve the system of people with mental disabilities rights relief. By putting forward my own Suggestions for our country to contribute protect the civil rights of people with mental disabilities.
Keywords/Search Tags:People with mental disabilities, Civil subject, Civil rights, custody
PDF Full Text Request
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