Study On The System Of Involuntary Hospitalization Of Mental Disorders In China And Its Improvement

The system of involuntary hospitalization for mental disorders patients is one of the core contents of the mental health law of China.With more and more cases of mental illness being disclosed,the defects and deficiencies of the relevant provisions of the mental health law on involuntary hospitalization of patients with mental disorders are exposed more and more,and the system needs to be improved.The concept of "involuntary hospitalization" does not appear clearly in the mental health law of China.The concept of "compulsory medical treatment" for mental patients with violent crimes is stipulated in the criminal law.There are some inconsistencies in the use of terms in the academic community,but there are subtle differences in the meaning of different terms.Through the analysis of these terms,we can have a clear understanding of involuntary hospitalization In this paper,the involuntary hospitalization system is defined as the sum of hospitalization and follow-up treatment measures taken against their will to limit their personal freedom for the patients with dangerous serious mental disorders.In addition,according to the different objects of the risk orientation of mental disorders,the involuntary hospitalization stipulated in the mental health law can be divided into rescue involuntary hospitalization and security involuntary hospitalization.The law has different designs on the following decision subjects of hospitalization and discharge,relevant procedures and relief methods of involuntary hospitalization.There is a theoretical basis for the law to set up involuntary hospitalization system for patients with severe mental disorders.Due to the special disease of mental disorder patients,both their self-knowledge and self-control have defects to varying degrees.The harm they do may not be caused by their real freedom of will,and the harm may cause harm to the life and health of the patients themselves or other people and social public safety.At this time,legal paternalism will require the patients to take involuntary hospitalization measures for the realization of their real freedom and care for their life and health;or,based on public security and police power,to take involuntary hospitalization for patients with mental disorders who have the behavior or possibility of harming others.However,the involuntary hospitalization system itself contains internal tension in value: there is a natural conflict between the patriarchal protection of legal paternalism and the protection of police power on public security in value orientation and the personal freedom and informed consent of the mentally handicapped patients themselves,and this conflict can not be eliminated but can only be balanced as much as possible.Therefore,legal paternalism and police power can not fully guarantee the legitimacy of the involuntary hospitalization system itself,but also need due process and review and supervision mechanism to ensure.The system of involuntary hospitalization stipulated in the mental health law of China has not yet established a perfect procedural mechanism and an independent review and supervision mechanism,which has caused many problems in practice: firstly,the provisions on the subject of referral are no longer in line with China's national conditions;secondly,the ambiguity of the period of observation in the hospital and the guardian in the rescue involuntary hospitalization and security involuntary hospitalization Because of the problem of too much decision-making power and treatment power of medical institutions,the patients with mental disorders who should have the greatest benefit in the involuntary hospitalization have the least rights under the system.The patients are often unable to protect themselves,some of them are not even mental disorders,and they are also sent for treatment by others using the loopholes of the involuntary hospitalization system,which results in the personal freedom of citizens Infringement.Combined with international human rights standards and referring to foreign legislative practice,we can effectively prevent the excessive treatment right of medical institutions by endowing domestic courts or administrative organs with the right of review and supervision;the application system for involuntary hospitalization can also prevent the expansion of the right of sending patients;in addition,for the involuntary hospitalization system,all countries have carried out strict procedural regulations.Therefore,in combination with China's national conditions,in addition to the further refinement of the involuntary hospitalization procedure,we should also consider the establishment of a dual administrative and judicial review mechanism and give the court the right to decide discharge.Through procedural justice and the role of independent review and supervision mechanism,the patient's personal freedom is balanced with their own life health and social public interests.