Research On The Protection Of Mental Disorder Patients’ Rights In Administrative Compulsory Medical Treatment

As a vulnerable group,patients with mental disorders are subjectively emotional disorder and objectively lack of social adaptation,so they are easy to fall into unsafe situations.For treatment and out of safety reasons,patients with severe mental disorders need compulsory medical treatment.Compulsory medical treatment plays an important role in regulating the behavior of patients with severe mental disorders who are physically dangerous,but the implementation of compulsory medical treatment will also affect the individual rights of patients.Therefore,it is necessary to balance the conflict between compulsory medical treatment and patients’ rights within a certain limit.From the perspective of administrative law,this thesis mainly adopts the methods of literature analysis,value analysis and case analysis to explore the problems existing in the administrative compulsory medical system and puts forward solutions,which is very important to the protection of the rights of patients with mental disorders.In addition to the introduction,this thesis is divided into four chapters as follows:The first chapter is “Overview of Administrative Compulsory Medical Treatment and the Rights of Patients with Mental Disorders”.This chapter mainly expounds the concept and legal nature of administrative compulsory medical treatment,the definition,content and value of rights protection of patients with mental disorders,and the principle of balance between administrative compulsory medical treatment and rights protection of patients with mental disorders,so as to provide theoretical basis and guidance for the improvement of the following work.The second chapter is “The Conflict between Administrative Compulsory Medical Treatment and the Protection of the Rights of Patients with Mental Disorders”.Through the analysis of the current situation of the protection of the rights of patients with mental disorders,this chapter attempts to analyze the conflicts between administrative compulsory medical treatment and the protection of the rights of patients with mental disorders.These conflicts are mainly reflected in the restriction and deprivation of the right to personal freedom,informed consent and privacy of patients with mental disorders by administrative compulsory medical treatment.The third chapter is “Problems and Causes of the Protection of the Rights of Patients with Mental Disorders in Administrative Compulsory Medical Treatment”.Combined with a large number of judicial cases,this chapter analyzes the problems existing in the protection of the rights of patients with mental disorders in China’s administrative compulsory medical treatment,and tries to explore a set of compulsory medical system conducive to the protection of the rights of patients with mental disorders.The fourth chapter is “Improvement of the Protection of the Rights of Patients with Mental Disorders in Administrative Compulsory Medical Treatment”.Combined with the theoretical and practical analysis of the first three chapters,we should firstly improve the application procedure of administrative compulsory medical treatment under the guidance of the basic principles.Secondly,we should fully consider the limitations of patients’ rights and improve the supervision mechanism,so as to achieve the balance between compulsory medical treatment and patients’ rights protection.Thirdly,we should put forward suggestions to strengthen the protection of rights of women and children patients.