| In recent years,The mental patient harm injury happened frequently, The mental patient basic life can not be guaranteed,More and more mental patient hurt or be hurt event has caused the wide attention of the society, the mental patient is a latent high-risk groups, but also vulnerable groups, as a result of the guardianship supervision is not enough, social fear for the mental patient at the same time, also ignored the protection of human rights of mental patients.Guardianship system is an important part of the mental patient system, monitoring system in our country apply capacity announcement system, continued growth in the number of psychiatric patients, mental patient monitoring system in China’s emerging problems and shortcomings, more simple to set up the mental patient monitoring system in China, there is no public guardianship system.In this paper, based on the mental patient survival status quo of our country, analyzes the insufficiency and flaw existing mental patient monitoring system, at the same time draw two big law system more perfect adult guardianship system, and to improve our mental patient monitoring system to provide some reference Suggestions.This article mainly includes four parts:The first part mainly discusses the basic theory of mental patient monitoring system, expounds the definition of mental patients in medicine and law, content of the mental patient monitoring system, including the legislation about the mental patient care in our country,The second part introduces the foreign legislation and theoretical research on the mental patient monitoring system, as well as to the mental patient monitoring system in our country legislation and practice of reference and enlightenment. The third part mainly elaborated our country current legislation and judicial practice of the mental patient monitoring system deficiencies and defects, Germany and Japan, and compared the common existing problems and facing the social reality. The fourth part mainly is aims at our country’s relevant guardianship system problems put forward the perfect Suggestions and considerations, draw lessons from foreign experience and the system, based on the present situation of our mental patient care, for the perfection of the legislation and judicial practice put forward personal Suggestions. |
