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Psychiatric Patients’ Medical Compulsory Administrative Measures

Author: SunHongShan
Tutor: ZhangHong
School: Liaoning University
Course: Constitutional and Administrative Law
Keywords: mental patients medical compulsory administrative measures uniform legislation
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 193
Quote: 0
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Abstract

Chinese heavy nature psychotic toll has more than 16 million, mental disease has become China’s serious public health and social problems. Psychiatric patients’ medical compulsory administrative measures is an important social defense measures, which involves psychotic personal freedom and health right, and related to social security and public order. At present our country psychotic medical compulsory administrative measures exist policy and administrative overpowered procedural, judicial insufficiency defects. But much more serious problem is: psychotic medical administrative enforcement process were misdignosed chaos, resources are dislocation configuration. On the one hand, severe mental patients sick have no money, can’t get timely medical treatment. On the other hand, a large number of disease-free or no treatment, because the normal medical for reasons other than against their personal will, in the case of "be psychiatric" and be forced to send diagnosis and compulsive treatment. The drug-induced not been treated, shouldn’t admitted but been admitted to, not only makes originally lack of medical service resources are wasteful, and civil rights constitutes double threat.The paper believes that, regulating Chinese psychotic medical compulsory administrative measures key lies in the unified China psychotic medical compulsory administrative measures legislation, clearly China psychotic medical compulsory administrative measures subject in China, specific provision psychotic medical compulsory administrative measures suitable conditions, perfect our country psychotic medical compulsory administrative measures program, consummates our country psychotic medical compulsory administrative measures relief approaches, regulating Chinese psychotic medical compulsory administrative measures for psychotic determination standards, diagnosis, check and judicial identification procedures.Papers from personal health right, individual freedom and social order balance theory, taking Germany and the United States, puts forward the relevant experience psychotic medical compulsory administrative measures problems and perfect.Paper is divided into three parts, and the third part is the article focus. The first part is psychotic medical compulsory administrative measures, introduces general theories related concepts, characteristics, theoretical basis and Germany and the American psychiatric patients’ medical compulsory administrative measures status and enlightenment. The second part is our mental patients compulsory administrative measures of medical problems, including the legislative disunity, main body is not clear, the applicable conditions shall not concrete, the program is imperfect, the relief way not perfect and for psychotic determination standards, diagnosis, check and judicial authentication procedure not norm. The third part is the our country psychotic medical compulsory administrative measures to perfect and unified legislation, clear put forward related subject, specific provision applicable condition, perfect relevant procedure, perfecting the relief approaches and rules for psychotic determination standards, diagnosis, check and judicial identification procedures.

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