Font Size: a A A

Research On Protection Of Mental Disorders’ Legal Rights

Posted on:2016-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:S D SuiFull Text:PDF
GTID:2296330467990182Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the rapid economical development of the society, the pressures of people present arising trend in daily survival and development, which lead to the rising number of patientswith mental disease. And the mental health problem has become a social problem. As asocially vulnerable group, the rights of patients with mental disease are vulnerable to beabused. Meanwhile, the patients with mental disease always lack self-control and cognitiveabilities, which would easily threaten the social order and other’s rights, such as the stabbingincident of Peking Carrefour, the mental patient’s carver case in Qingdao and the hacking caseof insane teacher in Linwu, Hunan. And these accident cases caused by patients with mentaldisease seriously affect social stability and abuse innocent persons’ legitimate rights of life,health and wealth. Therefore, consummating the rights protection of patients with mentaldisease plays an actual role in solving the infringement of social order and other’s rightscaused by patients of mental disease.The legislation of mental health began relatively late in China. The legislation of mentalhealth has not yet reached to a mature state, which results in many deficiencies of theprotection of patients with mental disease, such as the limitation of compulsory medicaltreatment objects in protecting the rights of patients of mental disease, the inadequatemonitoring mechanism, the inadequate types in guardianship system and the unsound securitysystem of guardians. So some issues that relate to the immediate rights of patients with mentaldisease such as basic living conditions, employment, health care and community still need tobe improved. Therefore, it will be of great significance to study the rights protection ofpatients with mental disease.This paper makes a system research on the rights protection of patients of mental diseaseby using the theoretical analysis method and comparative analysis method. Firstly, conceptanalysis is used to summarize the theory of the rights of patients with mental disease and theattributes of corresponding rights of patients with mental disease are also analyzed. Secondly,the methods of deduction and empirical are used to discuss the rights protection of patientswith mental disease in the coercive medical treatment system, the guardianship system and thesocial security system in China. Thirdly, the paper adapts the comparative and literature analysis method to analyze the development history of the protection of patients with mentaldisease, which could be used for consulting by our nation. Finally, this paper puts forward theimproving methods for the protection system of patients with mental disease through themethods of theoretical analysis and value analysis. The author hopes to enrich the content ofthe relevant theory and consummate the ancillary system by continual research andexploration, then effectively protect the rights and interests of patients of mental disease in thereal sense.
Keywords/Search Tags:Patients of mental disease, Human rights, Compulsory medical treatment, Guardianship system, Social security
PDF Full Text Request
Related items