Research On China's Mental Patient Compulsory Medical System

The occurrence of psychiatric patients suffering from illnesses and accidents has frequently occurred,which has had a serious impact on the stability of social security and the safety of the citizens and property of the vast majority of citizens.This phenomenon has now become a major social issue affecting the rights of our citizens and social stability.Therefore,it is necessary to implement compulsory treatment for mental patients.Mental patient coercive care is a restrictive protective measure for the mandatory isolation treatment of mental patients.It not only protects and treats mental patients,but also concerns the interests of the society.In 2012,the "Criminal Procedure Law of the People's Republic of China" and the "Medical Psychology Law of the People's Republic of China" made a series of provisions concerning the applicable subjects,decision subjects,and start-up of compulsory treatment of mental illness,which filled the original legal aspects in this respect.The blank,together with relevant judicial interpretations,constitutes a system of compulsory medical treatment in China.However,the legal provisions concerning compulsory treatment of mental patients require in-depth research in many aspects.The author divides this article into four parts.The first part firstly defines the concept of compulsory treatment for mental patients and analyzes that the characteristics of the system of gun-to-God patients' compulsory medical treatment are the specificity of the applicable objects,the dual nature of the purpose of use,and the implementation of this measure.Mandatory;Second,analyze the legitimacy of compulsory treatment for mental patients and discuss the legality and rationality of compulsory treatment for mental patients.The second part of the article first elaborates the relevant legislation on the compulsory treatment system for mental patients at the current stage in China.Throughthe analysis of the provisions of the current law,the author proposes that there are no specific standards for the application of mandatory medical services for mental patients,and the compulsory subject and decision subject for compulsory treatment for mental patients.The irrationality,the identification of efficiency standards in implementation,the unavailability of cost-bearing and execution sites,and the generality and lack of supervision and review content were other issues.The third part of the article elaborates on the U.S.regulations concerning compulsory treatment of mental patients,the applicants for mandatory hospitalization,the assessment and appraisal of mental patients,and the emergency placement and compulsory hospitalization system for forced medical treatment of mental patients in Taiwan.The specific situation is intended to obtain certain enlightenment to solve the existing problems in the current laws of China for the compulsory treatment of mental patients.The fourth part of the article puts forward suggestions for improving the existing problems of the compulsory treatment system for mental patients in our country.This paper has the following suggestions: First,the legislation clearly applies the specific standards of the object,specifically the reasonable expansion of the applicable objects,and the clear "dangerousness." "The criteria for defining the conditions for the"possibility of harming the society once again";Second,reasonably stipulating that the main body and the decision-making body of the mental patient's compulsory medical assessment shall be reasonable in specifying the starting entity and the definitive decision-making body;and U.S.and China's Taiwan region's relevant legislation,establish a professional and reasonable assessment review meeting;Fourth,be sure to clarify the effectiveness of the standards in the legislation;Fifth,in the legislation to give the mental patient a guarantee of the efficiency of compulsory medical treatment,and implementation of compulsory medical treatment.And the allocation and distribution of implementation costs;Sixth,strengthen the review and supervision in legislation,clarify the content and scope of the supervision,and improve the supervision of compulsory medical application execution stage,decision execution stage,and follow-up rights relief.