Mental health legislation "disrupt public

order" provisions were led dispute

Jinghua times

June 10,, the spirit of concern health law (draft) "after 26 years conceived long end hard came out, office of the state council is to carry out the first draft of the society for the opinion yesterday, the social from all walks of life through the different ways in the discussion, and several professional institutions home submitted amended proposal.

In addition to patients with mental disorders involuntary medical treatment of be in hospital system, and the social from all walks of life focus include how to increase investment, establish and improve the mental health service system, and how to protect the lawful rights and interests of patients.

In this period, our correspondent DuoFang interview mental health disorders and their families, psychiatrists, legal professionals and draft statute of the above to hear their focus issues. At the same time, we select a psychiatric hospitals in central China as sample, analytical investigation in mental health field status and existing problems, and explore the solution.

editor

How to set up the voluntary medical treatment of be in hospital system, it is the top priority of the mental health legislation, is also the difficulty in the difficult point.

What should be mandatory treated? Who has the power to send men in a mental hospital? Who's the boss is not sick? Were forced to belong to medical category or judicial category? Relevant parties dark war freed of judah.

In the office of the state council and submitted to the amended proposal, folk public organization "mental and social observation" and "equitable institutions", were put forward as a mandatory applicable conditions, "disrupt public order" easy to abuse, should be deleted; All China lawyers association, the constitution and the human rights professional committee argues that, this concept is too broad, should be thinning, From the Chinese medical doctor association psychiatrist section of the experts say, the draft the mandatory suitable conditions were determined through the narrow, may cause a lot of need treatment of patients did not receive timely treatment.

What kind of patients should be treated compulsory?

> > dispute 1

The draft explicitly stipulated the voluntary medical treatment of be in hospital of measures for conditions, that is only in patients with mental disorders can't recognize or unable to control their behavior, and have hurt their own, endangers public security or other personal safety, disrupt public order dangerous to patients, to implement the voluntary medical treatment of be in hospital.

"Disrupt public order" easy to abuse

The famous lawyer, shenzhen "equitable public institutions in charge," the China psychiatric system legal analysis report were number one, "said HuangXueTao disrupt public order" content quite broad, "criminal law" certain "disrupt public order of sin" contain "impede public sin" "committing an act of sin" and so on, for 28 charges, "public security management law of punishing" certain "disrupt public order behavior", "destroy" election "contains chasing 20 others" intercept kind of behavior. If the "disrupt public order" as the voluntary medical treatment of be in hospital of the conditions of use, no doubt measures is being abuse might.

International standard without "disrupt public order"

All China lawyers association, the constitution and the human rights commission secretary general, professional central finance university law school, vice President of the LiXuan says, because "disrupt public order" meaning of openness and fuzziness, often be abused for limiting citizens' personal freedom and security, to criminal punishment, such as an excuse to "disrupt public order" as the voluntary medical treatment of be in hospital of the applicable conditions, measures to deal with this concept to be refined. In the patients with mental disorders were forced the international standard, and no "disrupt public order" or "disrupt public order the dangers" of such terms.

The "standard" exist hidden danger. Risk

Once the mental health act "participating in drafting the Beijing university hospital 6, vice President of the TangHongYu think, the draft involuntary hospitalization were treated by the complete" standard ", that the only risk when patients have hurt their own, endangers public security or other personal safety, disturbs public order, were forced to act. In fact in patients with mental illness have extreme behavior is not much, our country now has more than 1600 heavy nature mental patients, only about 10% have "dangerous behavior", most is nonsense, don't eat not to drink, and bare, delusions, etc. The policy now can lead to these actually need to treatment of patients did not receive timely treatment.

Who has the power to send men in a mental hospital?

> > dispute 2

The draft stipulates, suspected in patients with mental disorders or is going to happen itself, the damage to endanger public security or other personal safety, disrupt public order, the guardian of the behavior of the close relatives, they shall be sent to the medical institutions for the diagnosis of mental disorders.

The guardian, there is too much power consequences

HuangXueTao think the draft, the voluntary medical treatment of be in hospital system design of the guardian, the principle of leading to guardian too much power. Once in the program, send to were close relatives of the will automatically be regarded as guardian exercise custody.

This QinQuan of adult citizens of the right to self-determination, not only in violation of legal loopholes in reality there are serious, also appear the bad social consequences. "Shenzhen ZouYi all case" "guangzhou HeJinRong case" "nantong ZhuJin GongAn" and "fujian ChenGuoMing case" because of family property dispute, the parties be close relatives to kidnap way sent to a mental hospital. HuangXueTao Suggestions, involuntary hospitalization of patients, has the right to entrust guardian outside of the agent, exercise suit and rights objection.

Doctors sometimes can't tell that the guardian

TangHongYu said, although the guardian in civil law definition is very clear, but there are in operation, this also is the draft of difficulty. "Patients was sent to come over, we as a doctor, sometimes can't send him to confirm the is guardian." TangHongYu said civil law, provisions of the guardian of mental patients including spouses, parents, adult children and other close relatives, but if a spouse, parents and adult children, differences of opinion between law did not provide the necessary means to solve. Once there, they need a doctor controversial choice, it is difficult in some degree.

Mandatory medical or judicial ownership were?

> > dispute 3

At present, China's legislation will the diagnosis and treatment of patients with mental disorders due to medical category, never made it to the social or judicial category, this with Europe and the law of the country to have some difference. To this, the parties dispute is very big.

Were forced should be awarded the court to

HuangXueTao think, patients with mental disorders draft regulation of civil action capacity by psychiatrists diagnosis, and determine the patients in determine "unable to recognize or unable to control their behavior" of the capacity for civil conduct, set the guardian to link, to judicial procedures of system design, "by the doctor shouldering social moral judgment and judicial judgment, this is a structural error." HuangXueTao said, this in fact formed by the doctor substitute the judge declared the behavior of the natural person capacity constraints.

HuangXueTao proposal to set up objection to review system, that is hospitalized patients will involuntary hospitalization can entrust a representative, to a third party agencies to judicial authorization. The patients in hospital involuntary hospitalization, and shall, in the voluntary after be in hospital must apply within the time the court, by a court whether to allow the decision. Psychiatrist can go to trial as an expert witness.

The health ministry medical ethics experts committee, the draft QiuRenZong think can fundamentally protect patients with mental disorders and put an end to the right in the process of abuse of power were worth thinking, psychiatrist can only provide professional diagnosis and the suggestion, as to whether the parties should be forced to retrospectively, there should be the corresponding law the provisions of procedure.

Suggested setting up an independent review committee

TangHongYu think, mental illness as a disease, whether voluntary or involuntary were treated, the appraisal results are made by psychiatrists to make. From the current draft see, for involuntary hospitalization of patients in judicial rear, the first treatment, but there are three ways to prevent "is the level of mental illness" : if after hospital diagnosis of mental illness is not, and no one may limit its leave, the original who sent who connect, this is the biggest window; If it is, after treatment need not to continue in the court for treatment, nobody may not restrict its leave; Patients or family members of the diagnosis result I disagree, after the judicial authentication, is treated, not continues to put people.

TangHongYu suggested setting up an independent review committee special treatment, the audit committee shall objection by the legal professionals and patients and their family members, and the general public, professional people and other components, the key task is to review of program execution. Were

> > case

Enterprise boss was his wife sent strong mental hospital

45 years old from fujian province, the ChenGuoMing (a pseudonym) in nanping running a enterprise, February 10 days late, his wife and father-in-law he was four people forced bound, sent to local a mental hospital. His wife of the doctor on duty, said ChenGuoMing "has insomnia for two years, always doubt anyone evil against him, very impulse, also hurt and smart, destroyed a thing".

Four days later, sister found out about the ChenGuoMing was sent to a mental hospital, to the local police station to report immediately. The police after intervention, the wife is allowed to do ChenGuoMing psychiatric evaluation. But until ChenGuoMing days later, just 56 from a mental hospital leave, "leave hospital brief summary" that read: "patients are not psychotic symptoms." ChenGuoMing after discharge, not only found in enterprise value of more than 400 jewelry disappeared, his stock account in nearly 800000 yuan is also the set now.

Yesterday, ChenGuoMing accept our reporter in a telephone interview that he has now left to shenzhen, and his wife, the divorce case is underway, during be in hospital to millions of dollars from property of local police, has not been put on record.

Chen openly, and there's a conflict of interests and his wife is recognized for a "guardian", clearly have no disease was hospital were forcibly after the incident, the claim, and the current mental patients were not in the system of problems on him embodied.

The mental health law (draft) of ease after ChenGuoMing took two weeks' study with your own experience to amendment opinions.

This board LiQiuMeng concludes our reporter