On The Balance In Value Pursuing Of Compulsory Medical Censorship To Non-criminal Mental Patients

With the development of social economy and the accelerating rhythm of life,mental illness has become a serious impact on social security and stability and important issues of personal liberty,especially in a mental patient attack raised today,mental problem is more urgent.The current law is too early to make a timely response to real problems.And non-criminal mental patient mandatory medical examination system value orientation should be simultaneously maintaining social security and safeguard individual freedom,apparently in the current mental health law regulations did not reveal the righteousness,even many ordinary normal people were forced to face the threat of "mental illness",mandatory medical examination system is a effective way to regulate this kind of phenomenon,protect the rights of citizens.Based on this,the compulsory medical examination system research for non-criminal mental patients,from its first involves public safety and two kinds of value of the individual freedom,combing the history of the value orientation of compulsory medical examination system,by comparing the United States,Britain and other places value orientation in the compulsory medical examination system,expounds the process of building a mandatory medical examination system in China should be how to accurately grasp the value orientation,thus further discusses public security value and the value of individual freedom to value the construction of medical examination system has other non-criminal enforcement incomparable important role,is a fundamental value.But the fundamental value in the same institutional system conflicts are inevitable,analyzes the causes of conflict,thus provides the idea of the value balance for the construction of compulsory medical examination system.In this paper,the author points out three models of value balance,namely: judicial review mode,administrative review mode and quasi-judicial mode.Rests on our country's specific national conditions,to clarify the value of the compulsory medical examination system in our country the balance in the pattern choice should be based on the reality of our country national condition,in the separation of powers,due process,supervision and the value of the three traditional balance mode selection and reasons,further put forward the improvement of the system of non-criminal mental patients compulsory medical review of mental illness,for building non-criminal mental patient mandatory medical examination system in the examination standard,process control,provides concrete Suggestions on the supervision mechanism.In fact,the "value conflict and balance" is not a new problem,but starting from the compulsory medical examination system of public security and personal freedom is emphatically discussed the two value is extremely rare,and this study is based on a new Angle of view,it provides non-criminal mental patients mandatory medical examination system to construct a new legal support,providing a new method to solve the problem of reality.