Consummates Our Country Mental Hygiene Legal Regime Research

The mental hygiene question is not only the global significant public health question, is also the more prominent social question. The mental hygiene receives people's attention day by day and takes seriously, our country mental hygiene enterprise because of lacks the consummation the legal regime support to be at backwardness condition, "Mental hygiene Law" the legislative investigation and study and the draft work, have lasted for 24 years from 1985, but has not been able to raise until now legislates the agenda, became in the world minority not to set up one of this law countries. Although since 1980 some related laws and regulations have involved the related mental hygiene system, these articles mostly only involve the partial system's sense of principle to stipulate that does not have the refinement and the stipulation specific measures, implements in the process to cause many question appearances. Mental patient's legal safeguard question is not balanced in the country development, still did not have the independence complete mental hygiene local code and regulation in the most districts, the community prevention and control monitor system flaw, the specialized organization condition to be backward,Mental hygiene organization medical officers universal insufficient, cause many places still could not guarantee that now the energetic disabled patient's basic medical service condition, the patient rights and interests cannot obtain very well protect, do not have the good social security system, the energetic disabled patient cannot obtain the prompt effective treatment, some long-term detention mental hospital, somewhat abandons the society, no matter what its development, The mental patient cause troubles has been the serious social question, each big newspaper, the news rarely seen mental patient cause trouble the significant massacre which breeds, like the mental patient in the regional campuses, the kindergarten initiates are many violence, mental hygiene disease has become causes one which of roots some significant public events occur, destroyed society's normal order directly and creates the productive forces the heavy loss. Along with society's development, each kind of society contradictory intriguing, questions and so on employment, life, study pressure build-up urge the psychological question more and more to highlight now in the society, each kind of psychological mental disorder symptom's patient increases day by day, causes the schizophrenia, the depression, the suicide person to be getting more and more. Specially after significant disaster accident hits by disaster the crowd to need the psychological rescue, but our country existing law after the disaster the psychological intervention aspect has not made the explicit stipulation, lacks the legal norm and the safeguard. Therefore, analyzes our country present mental hygiene legal regime existence the question, proposed that the suggestion consummates the related system, the construction suits our country's mental hygiene legal regime, to promotes our country mental hygiene enterprise's development impetus function, is also the significance which this article studies is.To the mental hygiene legal regime's research, this article is carries on the analysis from a big frame to important system, this article altogether divides into four chapters:The first chapter mainly to the mental hygiene legal regime's outline, briefly introduced our country from the ancient times after the liberation mental hygiene legislation's development process, might see from the ancient times mainly embarks to near modern age to the mental illness patient's stipulation from the criminal capacity, but after liberation also had the related stipulation in the civil administrative aspect. In this chapter to concepts and so on mental illness, mental hygiene, community recovery pattern, mental hygiene legal regime has carried on the analysis.The second chapter First introduced that our country present mental hygiene legal regime's legislative present situation, then elaborated in with emphasis our country mental hygiene legal regime the main existence question: The compulsion medical service system's crack and the implementing procudure are chaotic, lack the effective right relief channel; The mental hygiene resources lack, the mental hygiene Medical establishment and the staff are insufficient; Is insufficient to the mental illness patient's rights and interests protection; Judicial neurosis appraises in the system to lack questions and so on unification standard, organization dualization; The mental hygiene legal regime lacks, the national psychologically healthy lacks the safeguard, after the disaster the psychological intervention aspect has not made the explicit legal rule. Especially the compulsion medical service system and judicial neurosis appraise the system to have many problems, these two systems are also this article heavy difficulties.The third chapter Main introduction overseas mental hygiene legal regime survey: The British mental hygiene law to set up the mental hygiene committee and the mental hygiene court and to the compulsory medical surveillance and the control legal rule very good protection mental illness patient's right, particularly forced the treatment the monitoring; US legal rule the expert witness system, the appraisal control system was clear has appraised expert's responsibility, was advantageous fairly in the appraisal conclusion fair; Japanese and the Australian establishment community recovery system, has established the new mental hygiene service pattern, is more advantageous to patient's recovery and the treatment. These systems have good model to our country with the enlightenment function.The fourth chapter in our country existing legal regime foundation, profits from the overseas outstanding research results, how then searches analyzes to construct and consummate our country mental hygiene legal regime: The community recovery system is a mental hygiene reform inevitable direction, except must enlarge to the community mental hygiene service construction, but must establish in the mental hygiene work government's function and the corresponding department's responsibility, enlarges the mental hygiene the health promotion and the public education, provides the society to the mental illness patient to support; In the compulsion medical service system should stipulate that the compulsion medical service the suitable condition, the establishment compulsion medical service's judicial process, determined the ruling organization and the compulsion medical service execution's rationalization content's consummation, prevents the compulsion treatment power abusiveness, protects the non-voluntary in hospital patient's rights and interests; Appraises the system regarding the judicial neurosis, our country should consummate the laws and regulations, the unification appraisal standard, the organization, consummates the cognizant agency, the establishment appraises expert's responsibility; The perfect national psychologically healthy safeguard mechanism, establishes the perfect mental hygiene legal regime, raises the national psychologically healthy level. After establishing the disaster, the mental hygiene rescue system, launches the significant disaster, after positively hits by disaster the crowd psychology stress rescue work, after reducing the disaster, mental illness formation rate; Our country should establish the social relief system help mental illness patient, establishes the social benefit fund, causes the government, the society, the family to undertake truly regarding the mental illness patient community's relief function, safeguards its treatment expense.