Modification Of The System Of Public Security Control In Mental Patients

The current public security organs expose many problems to the management of mentally ill patients,and the hierarchical classification and control methods cannot adapt to the current severe situation.The public security organs are limited by the resources of management and control,and some patients with dangerous mental diseases are out of the control of the public security organs.The current control system for mentally ill patients is over-reliant on the guardians of mentally ill patients.On the one hand,the legal control obligations imposed on guardians are beyond the scope of the guardian ’s ability,making guardians a group that is vulnerable to harmful behaviors by mentally ill patients;On the one hand,the law also gives guardians of mental illness patients too much authority to prevent public power from interfering too much with mental illness patients,and these rights actually hinder the necessary control and relief of public authority on mental illness patients.In addition,the voluntary treatment and hospitalization of mental patients in the medical system also have an impact on the terminal control of public security organs.The reason is that in the traditional safety perspective,the end of the public security organs’ control is over-emphasized in the management and control of mentally ill patients,and the function of source control at the health department is neglected,which makes the division of the control scope between the public security organ and the health department unreasonable,Which leads to a structural conflict between the interests of mental patients and the public interest.The over-emphasis on the "freedom" of treatment for mentally ill patients makes the treatment rights of mentally ill patients unrealized,triggering conflicts between patients’ own rights.In addition,the congenital lack of mental health medical resources has also increased the burden of public security organs on the management of mentally ill patients.From the perspective of legal paternalism,this article discusses a reasonable way to solve the current dilemma of the management and control of mental patients.It is proposed to expand the concept of diversified and hierarchical treatment of mental patients with involuntary treatment,to strengthen the source control of treatment in the mental disease management and control system,and to establish a "demand"-oriented classification standard for mental patients.Reasonably plan the responsibilities and scope of the health department and public security organs in control.Legal paternalism allows the government to have repressive power over the management of mentally ill patients.However,paternalistic government is a good idea for us.Any uncontrolled public power is likely to be abused.This article ends with procedures and relief from the perspective of discussing the regulation of absolute public power in the management of mental illness patients,to avoid public power from good to evil.