The Research On Compulsory Medical Treatment Of Mental Disorders In China

Mental health problem is a worldwide problem, countriesspecifically enact laws protecting mental disorders, who are regard asvulnerable group. Before the promulgation of the new" CriminalProcedure Law of the people’s Republic of China" and "mental health lawof the people’s Republic of China" in2012, the laws and regulationsabout mental disorders e only exist in the article eighteenth of "criminallaw", the relevant provisions of "people’s police law" and localregulations. Because there is no unified law, the phenomenon of violatingtheir human right and normal people being treated as mental disordersappear again and again. The timely promulgation and implementation ofthe two laws gradually begin to change the passive situation whengovernment handling mental health problems. This paper is based on thecurrent legislation of our country, analyzing the problems and practicalrationality of two laws; studying on perfecting legislation and payingattention to construction of mental health services. The paper ultimately reveals that only the combination of perfecting regulations andconstructing social facilities can ensure realizing the purpose ofcompulsory medical, which is the protection of mental disorders’ rightsand safeguarding the social public security. Specifically:The first part, starting from the basic theory, makes some researchand analysis of the type and nature of China’s compulsory medicaltreatment system, to draw the conclusion which is China’s compulsorymedical treatment system includes semi judicial criminal compulsorymedical and social common compulsory medical.The second part, according to the current legislation, constructs theChinese characteristic model of the criminal compulsory medicaltreatment and common medical treatment, and uses the method ofanalysis methods, studying the controversial or more outstandingproblems and their improvement on the legislationThe third part studies the issue of compulsory medical expenses,which is the problem reflected in the case of compulsory medical, andpoints out the need to increase financial input and support staff and takethe community rehabilitation pattern in helping construction ofcompulsory medical treatment.