| Since the risk and importance of compulsory medical psychiatric patients, the guardians of mental patients are more important than normal human beings. But our current designed system of the legal guardians of mental patients has big defects, because it’s not conducive to maintain the compulsory medical psychiatric patients’ rights and social public interests.In this thesis, through the analysis of the compulsory medical psychiatric patient guardians’rights, responsibilities and supervision, the rules of "general rules of the civil law" should be revised on the qualification of the guardian, the selection method of the perfect type of guardians and the introduction of social guardians. In this way, to establish a system that confirmed mainly by administrative confirmation and supplementary by judicial confirmation.For the rights and duties of a guardian, the specific part of compulsory medical treatment should be further clarified and refined on the base of general provisions of law. We shall establish and improve the supervision system of the guardians, in order to prevent the abuse of guardianship and urge them to perform their duties. For those who fail to perform their duties of guardianship and make damages shall be determined the responsibility according to different contents of tort. |
