Research On The Protection Of The Rights Of Mental Patients In Compulsory Treatment

The compulsory medical system for mental patients is an important social defense measure for the state to exercise the national police power and state power to maintain social order and guarantee the basic rights of mental patients.However,mental patients are often limited by their cognitive and control abilities,and cannot defend their rights by their own will,so they often cannot get relief in time when their interests are violated.In compulsory medical treatment,the rights of the mentally ill person,such as personal freedom,are particularly vulnerable.Therefore,based on the principle of protection for the weak,the rights of mental patients in compulsory treatment should be specifically protected by law.The content of the rights of mental patients in compulsory treatment is extensive and specific,including personal freedom,informed consent,access,privacy and property rights.Judging from the perspective of judicial practice,the court's judgment on relevant cases highlights many disputes between the mentally ill and their families and the relevant administrative agencies in compulsory treatment.The types of these disputes mainly concern the nature of compulsory medical behavior,the subject of compulsory medical decision,the applicable conditions of compulsory treatment and the applicable procedures.These disputes show that there are still many shortcomings in the legislative and legal implementation of the compulsory medical system for mental patients in China.The main manifestations are: in terms of making compulsory medical decisions,the legal provisions are not clear;in terms of applicable conditions,for pathological the expression of risk standards is not standardized,and there are omissions in the criteria for treatment possibilities;in terms of implementation procedures,the provisions of relevant procedures for legislation are not specific enough.To improve the rights protection system in compulsory treatment for mental patients,it is necessary to further to clarify the specific connotation and boundaries of the state police power and state parental rights,so as to provide legitimacy support and value guidance of the construction of relevant systems at the theoretical level.According to this,the future improvement in the compulsory medical system for mental patients in China can be carried out in the following aspects: the main body of decision-making for compulsory treatment of mental patients is the public security organ;the applicable conditions for compulsory medical treatment are further regulated;Appropriate medical system application,diagnostic evaluation,discharge,etc.to improve the system construction,and should consider establishing a hearing system to fully protect the basic rights of mental patients in compulsory treatment.