[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]
|
Status: Not Logged In; Sign In
International News Title: Draft Mental Health Act, "public order disturbances" admitted to the provisions of Yin Zhengyi All suggestions of mental health legislation to force heated debate with mental disorders treated in suitable conditions "Disturbing public order" admitted to the provisions of Yin Zhengyi June 10, concern the "Mental Health Law (Draft)" 26 years after the end of a long difficult birth available, the State Council Legislative Affairs Office on the draft opinion to the community in the assembly closed yesterday for the first time, the community in different ways participate in the discussion, Another number of professional organizations to submit a modified proposal. In addition to mental disorders in patients with involuntary hospitalization medical system, community focus also includes how to increase investment, establishment and improvement of mental health service system, how to protect the legitimate rights and interests of patients. During this period, multi-reporter interviewed mental health disorders and their families, psychiatrists, lawyers and authors of the draft, listen to their focus on these issues. We selected a psychiatric hospital in central China for the sample, the survey analysis and the status quo of China's mental health problems, explore solutions. - Editor How to set the health care system of involuntary hospitalization, mental health legislation a top priority, but also difficult in the difficult. What kind of person should be compulsory treated? Who has the power of man to an asylum? Sick patients who did not have the final say? Enforcement or judicial treated areas within the medical area? Running out of parties still intoxicated. In submitting the proposed changes to the State Council Legislative Affairs book, civil public organization "mental and social observation" and "equitable institutions' proposed conditions for the application treated as mandatory," disturbing public order "could easily be abused and should be removed;-China Bar Association Human Rights Committee of the Constitution and believes that this concept is too broad and should be refined; psychiatrist from the branch of the Chinese Medical Association expert believes that the draft conditions for the application to determine the force admitted too narrow, in need of treatment may lead to many patients not treated in time. What should be mandatory in patients treated? >> Dispute 1 The draft clearly defined measures of involuntary admission apply to medical conditions, mental disorders that can not only recognize or can not control their own behavior, and have hurt themselves, endangering public safety or the safety of others, risk of public disorder, in order for involuntary patients hospitalization. "Disturbing public order" could easily be abused Well-known public interest lawyer, Shenzhen "equity agency" responsible, "China's system of mental illness admitted to legal analysis," Huang Xuetao writer who said, "disturbing public order" is quite broad, "Criminal Law" identified "disturbing public order offenses," including "obstruction of official business crime, "" trickster crime "and 28 charges," Public Security Administration Law, "determined" disturbing public order act, "contains" to disrupt the elections, "" chase intercept other "20 kinds of behavior. If the "disturbing public order" as an involuntary patient medical measures conditions of use, no doubt there was abuse. International standards without "disturbing public order" All China Lawyers Association Professional Committee of the Constitution and Human Rights Secretary-General of the Central University of Finance and Law School Li Xuan said that as "disturbing public order" meaning the openness and ambiguity, often abused to limit personal freedom of citizens and to give security, excuse for criminal punishment, such as "disturbing public order" as an involuntary patient medical conditions for the application of measures to address this concept could be refined. Force in the mental disorders were treated to international standards, there is no "disturbing public order" or "disturbing public order risk" such a clause. A "standard risk" there is hidden Has been involved in drafting the "Mental Health Law", Peking University Sixth Hospital, vice president Tang Hongyu that the draft of the involuntary hospitalization of patients with completely "standard risk", that is only when patients have hurt themselves, endangering public safety or other personal security, disturbing public order act, in order to force admitted. In fact, the extreme behavior in psychiatric patients, not many of our existing 16 million patients with severe mental illness, only about 10% of "risk behavior", mostly nonsense, eat or drink, nudity, paranoia and so on. Existing regulations may result in these patients actually need to get timely treatment. Who has the power of man to an asylum? >> Dispute 2 The draft stipulates that patients with suspected mental disorders or self-harm to occur, endanger public safety or the safety of others, acts of public disorder, and its guardians, close relatives should be sent to medical institutions for mental disorder diagnosis. Guardians of power too prone to evil Huang Xuetao that the draft of involuntary hospitalization of the Guardian-led system design principles, leading to excessive power of the guardian. Once admitted to the program, send the governance of close relatives will automatically be regarded as guardians of the exercise of guardianship. The parental rights of adult citizens in violation of self-determination, not only in serious legal loopholes in reality there have adverse social consequences. "Shenzhen Zou Yi are case" "Guangzhou He Jinrong case", "Nantong Zhu Jinhong case" and "Fujian Chen Guoming case" are the result of family property disputes, the parties are close relatives to kidnapping to a mental hospital. Huang Xuetao recommended involuntary hospitalization of patients, the right to appoint an agent other than the guardian, the exercise of rights litigation and dispute. Sometimes doctors can not identify the guardian Tang Hongyu said that although the definition of civil law guardian has been very clear, but some problems do exist on the operation, which is the difficulty in the draft. "Patients were sent over, we as doctors can not always be sure to send him to is the guardian." Tang Hongyu, said Civil Code provisions, including the guardian of the mentally ill spouse, parent, adult children and other close relatives, but if the spouse, parents and adult differences of opinion exist between the children, the law does not provide the necessary means of settlement. Once the disputes arise, we need a doctor to make a choice, which there are certain difficulties. Admitted ownership of the medical or judicial enforcement? >> Dispute 3 At present, the legislation will be the diagnosis and treatment of mental disorders attributable to medical areas, it is not attributed to social or judicial area, which is legal in some countries in Europe and America are different. For this, the parties to the dispute is very large. Mandatory to obtain permission of the court should be treated Huang Xuetao that the draft provides mental capacity for civil conduct disorders diagnosed by a psychiatrist, and in determining the patient "can not recognize or can not control their behavior," the civil capacity, the guardian of the link set to take to the judicial process of the system design, "by a doctor to take social and ethical judgments and judicial judgments, which is a structural error." Huangxue Tao said that in fact formed by a physician substitute judge declared a natural person capacity limits. Huang Xuetao recommended the establishment of objection to the review mechanism, which hospitalized patients on the issue of involuntary hospitalization, may appoint representatives to the third party to obtain judicial authorization. Hospital patients to implement non-voluntary hospitalization, involuntary hospitalization should be in court within a certain time after the application is made by the court whether to allow the decision. Psychiatrists as expert witnesses in the trial. Ministry of Health Medical Ethics Committee of Experts Qiu Renzong that the draft can protect the fundamental rights and prevent mental disorders treated in the process of abuse of power worth considering, psychiatrists can provide professional diagnosis and advice, as the parties should not forced admitted, there should be a corresponding law procedural requirements. Recommends that an independent audit committee Tang Hongyu that mental illness as a disease, whether voluntary or involuntary admission and treated, the identification results are made by a psychiatrist. É74; It can be seen from the current draft, the involuntary admission of patients after the implementation of the judicial set, that is the first treatment, but there are three to prevent "is mentally ill," the points: If the diagnosis is not mental illness through the hospital, no person shall limit its left, the original who sent who then, this is the biggest bright spot; if, after treatment without the need to continue treatment in the hospital, and no one shall limit its left; patients or their families to challenge himself on the diagnosis, through expert testimony, is continued governance, not on the release. Tang Hongyu proposed establishment of an independent audit committee to deal specifically with objections, the Audit Committee shall be the legal profession, patients and their families, the general public, professionals, etc., whose key tasks is to review the implementation of the program were admitted. Case Gold shop owner's wife was sent to a mental hospital strong 45-year-old Fujian Guo-Ming Chen (not his real name) runs a gold shop in Nanping, the evening of February 10 this year, his father and so was his wife and four forced bundling, sent to a local mental hospital. Said his wife, Dr. Xiang Zhiban, Guo-Ming Chen "has insomnia for two years, it was vital that he always suspected, very impulsive, but also extraordinary injury, destruction of over material." Four days later, my sister asked to Guo-Ming Chen was sent to a mental hospital, immediately to the local police station. After police intervention, the wife is allowed to Chen Guoming do psychiatric appraisal. It was not until 56 days later, Guo-Ming Chen was away from the mental hospital "discharge summary" that read: "No patients are symptoms of mental illness." Guo-Ming Chen hospital found that store not only the value of gold jewelry were missing more than 400 million , his account nearly 80 million shares are also being set up now. Yesterday, Guo-Ming Chen in a telephone interview with this reporter, said he has left the Nanping to Shenzhen, and his wife's divorce is underway, millions of dollars for their property missing during hospitalization incident, local police has not put . Guo-Ming Chen said, and they have a conflict of interest was identified as the wife of "guardian", obviously not ill but was forcibly admitted to hospital after the incident claims to turn, the current system of psychiatric patients admitted to the problems, are reflected in his possession . "Mental Health Law (Draft)" was announced, Guo-Ming Chen spent two weeks of painstaking research, prepared with their own experience suggest modifications. (Reporter Li Qiumeng)
Post Comment Private Reply Ignore Thread |
|
[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]
|