Doctor-patient Dispute Perspective The Mental Patient Rights Protection Law Research

In today's society, mental illness and physical disease as a more common disease affect human physical and mental health, but compared to external physical illness, mental illness as an internal disease is complex and difficult to figure out: However, with the rapid development of China's social economy, the improvement of democracy and the rule of law, protection of the rights of mental patients has become one of the important factors to measure a degree of social civilization: Since the reform and opening up, with the development of social rhythm is the pressure of life from year to year increase, and the pressure of life has led to the constant changes in real life more and more people suffering from mental pain, but because of today's society on The limitations of the level of mental health services, resulting in today's society, because of mental health problems arising in the field more and more:According to the mental health department and the mental disease prevention and control center issued by the statistical data, our society, the spirit of the number of people with obstacles and the development of China's current social and economic growth is a positive trend, the reality of mental illness patients against legitimate rights and interests and legitimate rights and interests The disputes in the field of mental health have been paid more and more attention by the people, and the disputes arising from the mental patients have also increased obviously, which mainly manifested in the following aspects:1, due to mental disorders caused by their own casualties and property damage in a straight line up the trend:2, due to the lack of capacity to act against the legitimate rights and interests of others also repeated the case:The recent case of Nanjing, Jiangsu Province, "6:20" BMW case is a very obvious case, the reality of people suffering from transient mental illness is more common]:However, because the mentally ill can not express the will as the ordinary person correctly, can not correctly exercise and safeguard the legitimate rights and interests of ordinary people, together with the current social mental health field legislation lag and social rights relief and service supporting system imperfect, Resulting in the legitimate rights and interests of the group in violation of the lack of effective relief and guarantees, especially in the medical relief process, due to the rights and supporting system of the relief system is not perfect, resulting in hospital-treated psychiatric patients Rights are often infringed by mental hospitals and other patients treated in hospitals, and because of the weak legal consciousness of mentally ill patients or guardians of patients, it is difficult for patients to receive effective remedies when their rights are infringed, resulting in increasing disputes in this field:sharp:The author of this article is from the perspective of the rights of the mentally ill in the hospital treatment for the purpose of building a set of sound legal relief system for the purpose of a detailed study of today's social medical disputes under the perspective of the rights of the protection of mental patients legislation, This paper puts forward the suggestion and prospect of this field in the light of the practical experience of this field and the ways and means to remedy the patients' rights and interests in the field of mental health both at home and abroad:...