Study On The Ethical Problems Of Compulsory Medical Treatment For Mental Disorders In China

Mandatory medical problems for people with mental disorders have been the focus of attention.It is very common for people with mental disorders to be segregated,detained or detained.With the development of psychiatry,mental illness gained a new understanding,The emergence of drugs which has a significant effect on mental illness makes isolation of people with mental disorders is no longer just a simple detention,but joined the treatment of the content.There are still many unknown areas of psychiatry,which can't achieve complete and effective control of mental illness,causing some serious mental disorders may be harmful to themselves or others personal safety behavior,which leads to the need for practice in this part of the implementation of compulsory mental illness,on the one hand they can be treated to restore their health,on the other hand it also allows the public to avoid the possible personal injury,to maintain the safety of the public.Based on the concept of basic human rights and autonomy,persons with mental disorders should decide whether or not to receive treatment on a voluntary basis,There is a certain degree of conflict between compulsory medical and respecting principles,autonomy,personal liberty,and right of privacy for persons with mental disorders,but if all the mental disorders are taken to the principle of voluntary,respect for their treatment of autonomy,in a certain special circumstances,will lead to serious harm to themselves or others,and In practice this kind of case also exists in large numbers in practice.So it is necessary to take a mandatory medical care for a particular person with mental disorders in a particular situation.But because of compulsory medical is against with personal freedom,autonomy and other basic human rights,so we must be very careful when we take such measures,and we should strictly limit the applicable object and applicable conditions of this measure.We could take compulsory treatment only if we face serious mental disorders with personal risk(to ourselves or to others)and when hospitalization is the best choice for them.The mental disorders which are mentioned in this article are conceptually referring primarily to persons with major mental disorders,not those with mild mental disorders.It is morally justified to enforce compulsory medical care for persons with severe mental disorders who are physically at risk(for themselves or for others),Because this practice is not only for the social defense and protect the public interest,but also for humanitarian access to mental health care,and protect their basic human rights,and this approach will not arbitrarily expand the applicable objects and applicable scope of compulsory medical care,and it will not against the general mental disorders of the general health care rights at the same time.However,in any case,compulsory medical care for the mentally handicapped persons always has a conflict of personal and public interests of the mentallyhandicapped,how to achieve the balance of interests in conflict is a question which is always worth considering.Among the values of compulsory medical care for people with mental disorders,the most important thing is the principle of balance of interests of individual rights and public interests of the mentally handicapped,to achieve the principle of fair,favorable,most limited,do not hurt under the premise of the balance of interests as far as possible,and we should take measures to ensure the realization of the rights of compulsory medical disabilities.The preface of this paper mainly discusses the research background,the research significance,the research method and the innovation of the subject.The main body of the subject consists of four parts,the first part is an overview of the compulsory medical care for mental disorders,which discusses the definition of mental disorders and the definition of compulsory medical care for mental disorders,combing the development history of the domestic and foreign mental disorders of compulsory medical and related laws and regulations respectively.The second part is the ethical controversy over compulsory medical care for people with mental disorders,which pointed out that there is a conflict between compulsory medical care for people with mental disorders and personal right of liberty and privacy of persons with mental disorders.The third part analyzes the moral rationality of compulsory medical care for mental disorders,which stated that the object of compulsory medical treatment is a serious mental disorder with a personal risk(to himself or to others),it is morally justified to enforce compulsory medical care for persons with severe mental disorders with a personal risk(to themselves or to others).The fourth part discusses the values and rights protection of compulsory medical care for people with mental disorders,pointed out that the values which should be followed in compulsory medical care for people with mental disorders,including the proper balance of individual rights and public interest,the principle of impartiality and favorable principles,and the principle of balance of interests is the most important principle among them.In order to guarantee the realization of the rights of compulsory medical for mental disorders,Firstly,the State shall establish medical assistance for persons with severe medical mental disorders,perfect the compulsory medical legal system.Secondly,we need to reconstruct the mental health ethics review mechanism and enhance the professional ethics of medical personnel.At last,we need to enhance the care of relatives and the public on mental disorders,strengthen community health care,and help the mentally disabled to return to society.