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Compul Sory Medical Treatment Of Mental Patients’ Right And Interests Protection

Posted on:2016-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2296330461471115Subject:The constitution and administrative law
Abstract/Summary:PDF Full Text Request
Mental patients is a special group, the patient suffering from mental illness means may lose self-knowledge, it is difficult to identify and control their own behavior, therefore can only passive to accept when meeting from all sides the infringement protection, lack of independent ability to defend their rights.For patients with severe mental illness, for reasons of safety and treatment, also need to carry on the compulsory medical treatment, although the criminal procedure law after the modification as well as the new mental health law of mental patients made a more perfect regulations, mandatory health but here is a place for human rights problems. Therefore, from the perspective of the current law, based on the new stage to deconstruction of the mental patient compulsory medical treatment system, looking for mandatory medical cure, treatment, remove all links by existing problems and puts forward the solution, for the mental patient rights and interests safeguard, is critical.This article mainly includes five parts.The first part is the introduction, the author through the introduction to the research status at home and abroad, starting from the particularity of the mental patient group, combined with the latest rules of domestic law, this paper expounds the writing background of this article, the purpose of the predecessors’ research and writing, etc.The second part mainly discusses the human rights of mental patients present situation, has analyzed the people from the viewpoint of equality of human rights to the general cognition of mental patients, and to understand two important legal, emphasized the importance of the mental patient human rights protection.The third part is the key part of the article, the author respectively, from compulsory medical treatment, remove all links, with a large number of cases at present in our country are discussed in the mental patient rights and interests of compulsory medical security problems and analyzes the cause of many problems.Emphatically has carried on the exploration of "mental illness" phenomenon, then the government governance, respectively unit to send chaos existing in the incurable, families and put forward its own ideas with typical cases.The fourth part mainly introduces the foreign legislative experience in the mental patient compulsory medical, respectively from the standards, procedure guarantee, the relief way threeaspects this paper analyzes the international conventions and relevant national laws and regulations, take its essence to its dregs, hoping to perfect provide beneficial reference for our country’s law.The fifth part is some Suggestions to consummate the suggestion.This part and the third part, the author in view of the above, find the problems and causes, draw lessons from foreign legislation of goodness, respectively, from compulsory medical treatment, remove the three stages of entity and procedure are given advice, boldly put forward the judicial referee eventually, independent third party supervision idea, and discusses the phenomena of "mental illness" and recover the crowd discharge difficult problems put forward its own views.
Keywords/Search Tags:mental patient, rights and interests protection, mental health, compulsory medical treatment
PDF Full Text Request
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