Research On The Legal Protection Of The Rights Of Patients With Mental Disorders

Mental health concerns individual happiness,family harmony and social stability.However,with the change of the times and the transformation of society,the variation of human spirit is eroding the beautiful mind of people,and the age of mental illness has come quietly.When faced with their own people of suffering from mental illness and rampant problems,people often feel helpless and pathetic,and even fear.Patients with mental disorder as special social vulnerable groups,the self-knowledge,self-control and social function have some defects,their rights are often harmed from others or societies,and a few patients have dangerous tendency of violence is very easy to cause harm to others and society.The surge in the number of patients with mental disorder has brought a heavy burden and a potential threat to the society.However,the protection of patients' rights is also in a state of absence for a long time.The rule of law for the rights of patients with mental disorder is a complicated and difficult problem both in theory and practice.In this paper,the Marx doctrine of "human" and the understanding of human rights,equality and freedom of thought and social security theory as the starting point,with Marx's standpoints and methods of analysis of the legitimacy of the rights of patients with mental disorder in security,to obtain legal support for more theory basis for the protection of the rights of patients.Then,focusing on researching the patients with mental disorder of personal freedom and the right of informed consent,privacy and other major social and economic rights(including property rights,employment rights and the rights of obtaining national and social assistance rights and the other rights)to find the best governance balance between public order and safety of patients with mental disorder in the protection of basic rights,in order to get more theoretical understanding of the patients' rights protection.We should give full play to the responsibilities and duties of public governance such as the state,the government and social organizations,so as to realize the diversified governance pattern in the field of public health.This breakthrough will provide a more macroscopic and comprehensive rule of law support for the whole group of patients with mental disorder.Right to relief program from the perspective of the emphasis on monitoring on patients with severe mental disorder(protection care)system,involuntary hospitalization system(including sending criteria and procedures,the agency of decision)to construct and consummate the system of judicial review and analyze the scientific and rational,combined with the current status of legal protection of Chinese patients of mental disorder,hoping to obtain more institutional support for the rights of patients.This paper consists of seven chapters,and the general contents are as follows:The First Chapter is an overview of the protection of the rights of mental patients.Firstly,it is to explain the related concepts of mental disorder,mental illness and other concepts,to clarify the basic connotation of mental disorder,and then analyze the mental disorder from different views.Then analyze the anti-psychiatry movement as the special background to prove the specialty of the diagnosis of mental disorder.Lastly,reviewing Marx's“Mrs.Burwell Lytton's Captivity”and“An Increasing Number of Mental Patients in Britain”,for exploring about the conception of protecting the rights of patients with mental disorder by Marx,in order to guide the practice of the protection of the rights of the patients with mental disorder.The Second Chapter is the basic theory of the protection of the rights of the mental patients.It is to demonstrate the legitimacy of the rights protection of patients with mental disorder.First of all,based on Marx's "human" and its basic human rights protection as a logical starting point,patients with mental disorder as a member of the human society,the human dignity and basic human rights should be enjoyed.Secondly,the mental disorder patients,as people,are essentially free of will and personal freedom,and are born equal,and should have the right to decide on an equal basis.Then,in view of the violent risk of a few patients with mental disorder,power is necessary to maintain the social security order.The Third Chapter reviews the historical development and the representative countries and regions of the protection of the rights of patients with mental disorders.Firstly,a review of the West from the perspective of ancient society,the medieval and Renaissance to protect the rights of patients with mental disorder.Secondly,analyzing the rights of patients with mental disorder of national and regional legislation.Finally,the role of normative documents focuses on international organizations on patients' rights protection in promoting the rights of patients in the process of security.The Fourth Chapter is the basic rights of the patients with mental disorder,to focus on patients with mental disorders in their acceptance of mental health services in the process of personal freedom and the right of informed consent,privacy and other major economic and social rights,combined with the specific situation to enjoy these rights or the exercise of rights protection difficultly,patients as the center,take the same protection and special protection priorities in the way,patients and their rights,rights conflict and social order with public safety,legal path for balance these conflicts.The Fifth Chapter is the main bodies of the responsibilities of the protecting the rights of patients with mental disorder from the perspective of public health,and will firstly analyze the influencing factors of mental health first from the individual factors and the social environment,and then fully examine the mental disorder of public health traits involved in the protection of rights of patients with severe mental disorders,It includes the country,the government and social organizations as main force in the prevention,treatment and rehabilitation of mental disorders,with the basic conditions for survival and security returning to the society and other aspects of the responsibility scope and content are summarized and divided and clear,to gradually change with the protection of the rights and interests shall be borne by the individual and family.In the Sixth Chapter is the construction of relevant systems for the protection of rights of patients with severe mental disorder.We firstly study the custody and guardianship system of patients with mental disorder,so as to ensure that when patients exercise rights are difficult or unable to exercise their rights,they can make use of the agency decision-making system to safeguard their legitimate rights and interests.Then,around the two cases of involuntary hospitalization,we analyze the specific legal issues of the visiting procedure and standard,the main body of the visit,the subject of the visit,the deciding body and so on.Finally,we discuss the introduction of a universal judicial review system in the involuntary hospitalization process.The court will make final decisions on involuntary hospitalization,and cooperating with the legal aid mechanism to maximize the protection of the legitimate rights and interests of patients with mental disorder.The Seventh Chapter is the legal guarantee of the rights of patients with mental disorder in China.It summarizes the protection value and spiriting of Chinese patients,analyzes the history and current situation of the protection of rights of patients with mental disorder as Chinese group,according to the rights of patients with mental disorders group security dilemma,proposed safeguard measures in improving the rule of law leading domain groups right from the legislative,administrative,judicial and social securities.