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A Jurisprudence Analysis on Voluntary Hospitalization of Psychopath

Author: TianDaChuan
Tutor: ZhangRuiZhi
School: Liaoning University
Course: Legal Theory
Keywords: Psychotics Principle of Voluntary Hospitalization Legislation of Mental Health Law Coercively Hospitalization
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 71
Quote: 0
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Abstract


According China CDC’s statistical data, there’re over 100 million psychotics in our country under a poor condition of medical care. And even worse, the situation of the allocation of medical resources goes a wrong way. Psychotics who need to be treated are kept away from medical care, otherwise some normal were hospitalized coercively. It intimidates the public front and back.And we still not have a mental health law. It will be a necessary to draw a line for building a standard of psychotic hospitalization. And the principle of voluntary hospitalization will fever the protection of citizen’s rights, though there’re lots of challenges and dilemma staring the principle.The dilemma which trouble the principle of voluntary hospitalization caused by the dilemma of Psychiatry. The uncertainty of semeiology’s circular reasoning pushes the problem of the identification of psychotic down into the inner world of the psychopathists. Therefore the object of coercive hospitalization become blur and the problem become a dilemma.And the problem on mental health law now also caused by pan-paychiatry. The identification diagnosis and treatment and even more legislation are all monopolized psychopathists. And the loophole of institution is also a evil consequence of lawyers’ indifference.But the law has its limit and really inefficient in inner world of both psychopathists and psychotics. Therefore it avoid the dilemma. To establish the principle of voluntary hospitalization and to put its institution of Due process into the identification of psychotic will be a better way of solving the dilemma.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
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