People With Mental Disorders Diagnosis And Right Of Ethical Research Voluntarily

Mental disorders are autonomy should be respected and protected, as a social vulnerable groups, people with mental disorders of thought and behavior ability defect, cannot completely legitimate rights and interests of their own health and protected and principle of "voluntary" pull "heresy" people with mental disorders from history into the social care, and legal rules, is the progress of the rule of law and human rights. Based on the principle of patients’ interests, the principle of respect for autonomy, the principle of informed consent, the principle of public interests, and the principle of justice that the five principles to analyze ethical spirit, this spirit of voluntary principle of mental disorder diagnosis and treatment of the health law regulations, put forward the principle of "voluntary" ethical justification of consideration for equity and justice value.This article is divided into introduction, the first to fifth part and epilogue.The first part:the basic theory of voluntary mental disorders diagnosis and rights. The content of this chapter is divided into two aspects to discuss. First:people with mental disorders voluntary treatment rights ethical implications. First explain the meaning of ethics and the necessity of researching from the perspective of ethics, mental health law regulations again that whether the rights of voluntary diagnosis and treatment of mental disorders has legitimacy and rationality of value is its legitimacy foundation. The second:people with mental disorders diagnosis and treatment of the law voluntarily. In patients with mental disorders including voluntary diagnosis and treatment of specific provisions and involuntary mental disorder patients diagnosis and treatment. Voluntary principle is not equal to unlimited freedom, based on the reasonable essence, can’t completely deny the compulsory diagnosis and treatment.The second part:foreign people with mental disorders diagnosis and right of ethical research voluntarily. The content of this chapter is divided into four aspects to discuss. The first:the mental disorders diagnosis and right of ethical research voluntarily. First introduces the development of mental health legislation in the United States, the author especially notice for voluntary medical research, found that the United States on a voluntary admission system is stipulated in the "dangerous" standard and set up the judicial intervention program. Then contrast with mental disorders in China the provisions of the rights of voluntary diagnosis and treatment, the author thinks that our mental health legislation in the "dangerous" standard, effectively prevent the compulsory hospitalization of the threshold is too low to cause "psychosis", possess the rationality of the ethical requirements. The second:the British people with mental disorders diagnosis and right of ethical research voluntarily. As early as the end of the 18th century, the British began to has carried on the comprehensive legislation to safeguard the rights and interests of people with mental disorders. Comparison of the protection of rights of voluntary diagnosis and treatment in patients with mental disorders, found that many of them, worth reference can better reflect the ethical justification. Third:Japanese people with mental disorders diagnosis and right of ethical research voluntarily. Japan in 1988 for the first time set "voluntary admission" system, advocates the safeguard the rights of people with mental disorders voluntary admission, the rationality of ethical requirements. Due to the Japanese in such aspects as culture, customs and have many similar places in our country, so the problems of mental health services in Japan, is also worthy of our attention. Fourth:people with mental disorders in Taiwan voluntary diagnosis and right of ethical research. Laws are the kuomintang in Taiwan, is based on the rule of law, so for the object scope of compulsory diagnosis and treatment and compulsory diagnosis and treatment procedures are very different, worthy of academic in-depth study, to explore whether has the ethical justification.The third part:voluntary legal intervention in patients with mental disorder diagnosis and right analysis of the ethical justification. The content of this chapter is divided into three aspects to discuss. First, the rights of mental disorders ethical conflict. Including the social public right to direct conflict with the rights of mental disorders and mental disorders of the conflict between the right to health and autonomy. Mental health law ethical mission is to seek balance in the conflict, adhere to the interests of the state, the collective interests and personal interests balance principle, constantly improve mental health legislation. Second:voluntary legal intervention in patients with mental disorders diagnosis and treatment of ethical justification. In order to maintain the right order, intervention of mental disorders diagnosis and treatment by means of the law is the requirement of social development. Mental disorders of the equal rights and autonomy in the freedom of people with mental disorders in patients with mental disorders, medical rights are necessary to maintain mental health law rights, which is what they should have rights. Third, voluntary legal intervention in patients with mental disorder diagnosis and lack of rights. Respectively from the society, to the medical profession and three aspects in patients with mental disorder caused by the hazard analysis, again emphasizing the necessity of legal intervention in patients with mental disorder diagnosis and voluntarily rights.The fourth part:people with mental disorders voluntary ethical principles and values of diagnosis and rights. The content of this chapter is divided into two parts. Our mental health legislation about voluntary diagnosis and treatment of mental disorders in embodies the principles about mental health law, international first, including patients interests principle, the principle of respect for autonomy. Second, the right of informed consent. Third, maintain the public interest principle. Fourth, the principle of justice. Mental disorders voluntary treatment right and embodies the spirit of promoting the health development, standard system of diagnosis and treatment in patients with mental disorders, safeguard and ethical values in most people’s interests.The fifth part:perfect mental disorders diagnosis and right voluntarily. The content of this chapter is divided into three aspects. First:to strengthen supervision, safeguard the rights of the parties. Second:clear detailed standards, adhere to the principle of presumption disease-free. Third:to strengthen the supervision mechanism, performed by independent third parties without interests social regulatory functions.