A Study On The Compulsory Medical System Of Mental Health Law

The Mental Health Act was enacted in 2012,which established administrative compulsory treatment system for the mental patients,including the substantive conditions,procedure,rights protection,relief means,and so on.Although an administrative compulsory treatment system for the mental patients has been initially established in China,there still exist some serious problems in its design and implementation.Many expressions are unscientific about the applicable conditions to,and the illness standards,dangerousness standards,compulsoriness standards of administrative compulsory treatment of mental patients;there are a lot of deficiencies in the designed procedure from the application,hospitalization,diagnosis,decision,treatment,discharge,to follow-up treatment and relief,and the system of legal liability pursuing.It is because of the Mental Health Act in the treatment of mental patients forced institutional shortcomings and gaps,which occurred in recent years,a large number of "mental illness" vicious incident,resulting in an extremely bad influence in society,in which people worry all the time,worried that they will be rather baffling to "mental illness".Therefore,the author intends to conduct in-depth research from theory to construct the system of administrative compulsory treatment and other aspects,the purpose is to ensure that mental patients can receive timely and appropriate assistance and health and prevent compulsory treatment against the parties will and interest.In order to improve the administrative system of compulsory treatment of mental patients,the following measures should be put into practice: the scientific pathological conditions,necessity conditions and willingness conditions should be set to protect mental patients' substantive rights such as the right to freedom,right to information,right to be visited,right to privacy and property right during their administrative compulsory treatment.Third,the procedures of administrative compulsory treatment such as application,acceptance,diagnosis,decision and discharge should be improved.