The Research On Public Intervention Mechanism Of Mental Disorders Guardianship In China

At present, mental disease has become common disease, patients with mental disorder has become a large group. As one of the vulnerable groups, the entire social should pay attention and protect patients with mental disorder. On the other hand, some severe mental disorders because of the spirit cannot be controlled, a serious threat to themselves and their guardians, including public safety of life and property. In recent years, patients with mental disorder for trouble-making case events occurred frequently. These cases reflect not security problems, but how to carry out effective monitoring to the social problems of mental disorders group, is China’s problem in system level design of guardianship system.So far, monitoring of patients with mental disorders in our country the situation is still dominated by "family autonomy", the state and social forces involved insufficient in the guardian select, guardianship executive support,guardianship supervision etc. No as guardian inappropriate choice, guardianship transaction can’t get help, monitoring behavior without supervision, is the main cause of the guardianship the lack of patients with mental disorders. Long term since, our country has been in the minors guardianship system construction moreattention in the field of mental disorders, the guardianship system has developed slowly. Although the 2013 implementation of the "mental health law" further refinement of the patients with mental disorders guardianship matters, but the support and supervision aspect of guardianship, guardianship of the selected subject matters still provides a relatively vague, part of the system design has obviously does not meet the social development of the situation, leading to the guardianship system of patients with mental disorders in the incomplete system.It is difficult to meet the needs of social development.The purpose of this study to find out public intervention mechanism of guardianship for patients with mental disordering patients with mental disorders in the protection of the public power into the legitimate rights and interests,make it obtain guardianship correctly and effectively, to get better medical assistance and rehabilitation conditions, protect public property and personal safety, maintain the normal social order.This study is divided into 5 parts:The first part: mainly introduces the current monitoring of patients with mental disorders in China lead to inadequate social problems revealed in this background, research significance, a brief description of research and related literature, and method of this study are briefly stated and the relevant data sources.The second part: introduces the necessity of the theory expounded the public intervention of externality theory in economics and public intervention,puts forward the realization path and basic mode of implementation of public intervention. That is, monitoring public intervention mechanism of this study,are from the monitoring body, monitoring the execution of a transaction decision,guardianship supervision three aspects of public power in which the role.The third part: the our country present in patients with mental disorders present monitoring system design, and through to the patients in Shanghai part of the community mental disorders questionnaire survey, Shanghai has the guardian gives mental disorder patient monitoring data statistical analysis,taking Shanghai as an example to reveal the care of patients with mental disorders in the current system the problems and reason analysis.The fourth part: comparative study of overseas countries and regions in the play on the mental disorder patient monitoring public forces and related system design.The fifth part: put forward the basic ideas to improve our monitoring of patients with mental disorders of public intervention mechanism. Among them,in the care of the subject decision, innovatively proposed the establishment of guardianship court community fine anti joint conference decision-making organ,and the design of the monitoring subject guardianship, guardianship and guardianship the specified combination of decision mechanism, and proposes the preliminary conception of the public department shall act as his guardian.Execution in custody matters, describes in detail the framework design of public monitoring mechanism. In the guardianship and supervision aspects, proposedthe establishment of guardianship and supervision, dereliction of duty,monitoring, supervision power regression corrected four mechanisms, and put forward that care, adjudication two the guardianship supervision idea.