Research On Compulsory Medical System Of Mental Health Law

Under the background of the increasingly prominent problem of mental disorders and the increasing application of compulsory medical treatment,how to achieve the effective regulation of compulsory medical treatment behavior is a problem that worth paying attention no matter in theory or in practice.China's "Mental Health Law" has made preliminary provisions on the entities and procedures of compulsory medical treatment for patients with mental disorders,and granted patients the right to file a lawsuit against the compulsory medical treatment behavior of medical institutions.After the implementation of the "Mental Health Law",some patients who have mental disorders also file lawsuits to the court for refusing to accept compulsory medical treatment.Then,how does the court review the legality of compulsory medical treatment in judicial practice? What are the ideas,methods and standards of its review?What are the problems in the court's review of compulsory medical treatment and how to improve it? From this perspective,this paper collected 85 judicial cases related to compulsory medical treatment from 2013 to 2018.Based on the analysis of these cases,this paper systematically analyzes China's compulsory medical system from the perspective of judicial judgment and puts forward corresponding suggestions for improvement.The first part is "Institutional Review of Compulsory Medical Care".On the basis of defining the concept of compulsory medical treatment,it is clear that the research object of this paper is the compulsory medical system in the field of mental health law,and the legitimate basis of compulsory medical treatment is the national guardianship and police power,and its purpose is to protect the rights,maintenance of patients and public interests.At the same time,this paper considers the nature of compulsory medical treatment as an administrative compulsory measure to restrict personal freedom,and makes a systematic analysis of the entities and procedures of compulsory medical treatment in China's mental health law.The second part systematically analyzes the identification of compulsory medical treatment from the perspective of judicial judgement.For the collected cases,this paper adopts the typology method,classifies the cases into three categories: admission,admission to hospital and discharge from hospital,and conducts microscopic investigation to analyze the judgment ideas.Next,it analyzes 32 cases of treatment,starting from the identification of the subject,standard and procedures,and concludesthat the standards of treatment for delivery and the determination of the treatment subject are different in severity and leniency,and the delivery procedure is imperfect.After analyzing 51 cases of admission,starting from the identification of litigation ability,case,burden of proof,identification,admission criteria and procedures,the authors concluded that the litigation ability was determined to be rigorous,the case was improperly applied,the burden of proof was unreasonable,and the appraisal The technology has limitations,such as the authenticity and reliability,the admission criteria are not clear,and the admission procedure is imperfect.Finally,two discharge cases were analyzed.From the question of whether the patient meets the discharge conditions and whether there is a guardian to discharge,the authors conclude that the guardian's rights are too large,the discharge system is single,and the docking mechanism is lacking.The third part puts forward corresponding suggestions for improvement based on the problems existing in China's compulsory medical legislation and judicial judgment.Starting from the judicial relief mechanism,this paper puts forward proposals such as strict identification of compulsory medical standards,strict identification of the scope of the subject of treatment,improvement of the capacity declaration system,clear case,reasonable identification of the burden of proof,introduction of expert support system.In view of the fact that the current legislative norms are too general and lack of maneuverability,this paper believes that the procedures of sending,diagnosing,deciding,and discharging compulsory medical treatment should be further improved from the perspective of legislation.