Research On Legal Regulation Of Mental Patients’ Forced Health Care

Mental patients’ forced health care is a series of medical measures to force the patientsgetting treated, who are unavailable to identify and control and refuse to be takingcared. It values on both the defense of society and the protection of mental patients.For the long time in our country, however, the situation is the mental patients couldn’tget the treatments they should have, while the normals are faced with "being mentallyill" of human rights abuses. The reason is the lack of legal requirements of mentalpatients’ forced health care. The establishment of mandatory health care system is inits infancy, the current legal requirements are limited to the forced treatment topatients who have no criminal responsibility by the new "Criminal Procedure Law",and "involuntary hospitalization" stipulated in "Mental Health Law"."Involuntaryhospitalization" is a relative concept of voluntary medical purposes, if mental patientsrefuse to take voluntary medical treatment, then no matter who sent them to hospitalfor treatment, constitutes a compulsory health care. This paper bases on the existingcompulsory health legislation of our country to improve the ligal regulation of mentalpatients’ forced health care, which uses the method of case study reveals the problemsand shortcomings that exist in legislation, and then propose a solution for the problem.Meanwhile, the paper also collected a lot of local regulations and local governmentregulations, and practice of mandatory requirements and procedures prescribedmedical entities to explore through empirical analysis, to improve the compulsoryhealth legislation to provide practical material. In addition, the paper also examinesthe national legislation with extra-territorial compulsory medical system similar to ourcountry by comparing the advanced experience of foreign countries, making thesystem of compulsory health legislation in line with international legislative trends.Lastly, the paper proposes mandatory psychiatric health care system subdivided intothree levels, namely, justice of compulsory medical treatment, the administration ofcompulsory medical, civil compulsory medical technology. They are connected withthe existing litigation system in our country, in the administration of compulsorymedical design, Referring to the current Criminal Procedure Law provisions oncompulsory medical procedures, improve the health care system mandatory. Then itwill put forward specific legislative proposals to improve the compulsory health caresystem, which relates to the applicable object compulsory medical measures, manyaspects of the applicable conditions, decision-making process, execution venues, andrelease procedures, especially recommended additional hearing process in decision-making process, making the program more transparent, in order to bettersafeguard the legitimate rights and interests are forced healer, and prevent theoccurrence of "being mentally ill" event.