All of us might become - patient - " the the intersection of mental hygiene and law " why have difficult labour 25 year?

All of us might become - patient - " the the intersection of mental hygiene and law " why have difficult labour 25 year?
All of us might become - patient - " the the intersection of mental hygiene and law " why have difficult labour 25 year?
The mental patient is a patient, and a citizen at the same time, must protect their fundamental right, must guarantee their dignity of human personality Stop up insane asylum, accept loophole for medical treatment as soon as possible, prevent from, send insane asylum to, regard insane asylum as behavior of place to limit freedom of person the intersection of interests and conflict person On October 10, on 19th world day of mental hygiene of duration, " psychosis and the society observe " two non-governmental public interest organizations With " flat organization of Shenzhen weighing apparatus " Release " China's psychosis accepts the legal analysis report of the system for medical treatment ". But the confused situation accepted for medical treatment of what the report has been announced and should be accepted in present medical science of psychosis of our country for medical treatment and does not accept for medical treatment, shouldn't be accepted for medical treatment, and the resource distribution mistake, to the public double threat. And send to national people's fundamental laws and principles working committee and the State Council legal system office, is in the hope of offering reference for the fact that legislating in ongoing mental hygiene. Dialogue horsepower (education,science,culture and health committee's committee member, adviser of the State Council of National People's Congress, participate in the legislative reasearch project of " law of mental hygiene ") The legislative course forms course The Beijing News of common understanding: National people's fundamental laws and principles working committee and the State Council legal system office receive this " China's psychosis accept the legal analysis report of the system for medical treatment " that folk organization released, reply clearly? Horsepower: National People's Congress pays attention to every suggestion from society very much, especially legislates to propose, puts in order and bound into book form by the special department, for consulting while legislating. Whether could reply, participate in more persons who discusses hot spot of society after all, the material making suggestions and giving advice is numerous too, it is relatively great to administrate the difficulty of reply that can not be adopted one by one. The Beijing News: <>Been paid close attention to by the society all the time, how do you think about such folk voice and expectation? Horsepower: About " the the intersection of mental hygiene and law ", have 3/4 country legislate already in the world, Africa some less developed country 59% even already legislate. We can say, " law of mental hygiene " is to weigh the important sign of a national civilization intensity. " law of mental hygiene " legislates to cause extensive concern and deep discussion of the society, also explained and made this urgency of France. The Beijing News: You have said, mental hygiene question, it is not merely a medical question, it is a public health question too, it is a social concern even more. Because of what consideration is it to say so? Horsepower: People's health includes social adaptability questions such as physiology, spirit, psychology,etc., the mental hygiene involves the citizen's fundamental right, and even dignity, so, " law of mental hygiene " legislates to pay close attention to great social concerns such as the country, social, personal adaptability,etc. further. Our country pays attention to " law of mental hygiene " and legislates very much, draft the draft of " law of mental hygiene " as far back as 1985. The Beijing News: In already 25 years till now, have not issued yet? Horsepower: Yes, 10 exchanges its draft among 25 years. Have not issued for such a long time, has proved too " law of mental hygiene " is made difficultly. And discuss and make " law of mental hygiene " and involve the common understanding, construction of system, forming of mechanism of a lot of ideas again this time, there is interdepartmental coordination, there is a game among every interest group too. The course legislating is to form the thinking, system, frame, study the problem present, explore future thrust and countermeasure, form the course of the common understanding gradually, become the law of the ripe experience finally, become the rule that the whole society observes together. The Beijing News: To what extent legislate now? Horsepower: The society legislates to pay close attention to " law of mental hygiene " extraordinarily, is second only to " food safety law ". Everybody realizes the urgency, importance of " law of mental hygiene " now, how let the intersection of " the the intersection of mental hygiene and law " and reasonable, science next. National People's Congress has already listed " law of mental hygiene " in the legislative plan at present, have surveyed and studied specially for several years in succession, revise on the basis of surveying and studying, strive to make this law issue as soon as possible. " admitted to hospital by force " Focus The Beijing News that it is social: <>What is the legislative difficult point? Horsepower: This difficult point of France is numerous, there are aspects of theory, have aspect too, but the focus paid close attention to in the society at present mainly concentrates on accepting for medical treatment and leaving hospital of the mental patient. In fact the two are a question, set up a set of intact system, corresponding norm and standard, and condition and procedure implemented, solve all sorts of problems appearing in the mental patient accepts for medical treatment and leaves hospital at present. The Beijing News: What problems are there on accepting for medical treatment and system of leaving hospital at present? Horsepower: The mental patient of our country is probably divided into two kinds at present, one is chronic disease patient, one the intersection of acute disease and patient, a said one more to mean the acute and acute mental patient who break out now. These people are divided into three parts again, the first kind is admitted to hospital a patient voluntarily, though is sick, but thinking is clear, would like to treat, accounts for 20% oneself; Second protection properties mandatory to admitted to hospital patient, it is whom general rule of the civil law stipulate that " can't it recognizes one's own behavioral mental patients to be to have civil the intersection of capacity and people, acted for the civil activity by his legal representative. " "There is no legal representative that civil capacity people, the people's guardian of civil capacity of restriction are him. " The guardian is undertaken by the unit, close relative,etc., this accounts for 60%; The third kind is security personnel's mandatory mental patient who is admitted to hospital, mean those mental patients who has already caused trouble and caused trouble, accepted for medical treatment by force by the public security department, this accounts for 20%. First have too great dispute, key " mandatory to admitted to hospital a patient " ,The dispute is relatively great. The Beijing News: " dispute " Where? Horsepower: Pathogenesis of psychosis very complicated, what find 3000 multi-type reasons at present, and there are medical diagnosis instrument and method simpler now, it is very difficult to judge the ill intensity of psychosis accurately, a lot of indexes observe and inquire artificially that judge, relate to doctor's medical level and experience of taking up a job as a doctor, that is to say, there are certain risks on the mental patient's judgement, without the corresponding system, especially relevant colony, unit such as legal blank, the guardian or guarding the unit or insane asylum, exist certain the intersection of interests and relation or interests when the contradiction, will make " force the intersection of venereal disease and people " The mental patient is accepting for medical treatment and leaving hospital links present the loophole. The Beijing News: How to ensure this part of people's fundamental right? Horsepower: The whole society will set up an important idea, the mental patient is a patient at first, it is a patient as sick person, they are citizens too at the same time, must protect their fundamental right, must guarantee their dignity of human personality. This demands to set up mental patient and makes a definite diagnosis of, leaves hospital and checks the system, with guardians, units (including public security organ) of mental patient and mental patient , there is no profit in the mental hospital The organization of independent third party of the benefit relation appraises, the members of this organization are made up of expert, collect from expert's storehouse at random, not merely have medical experts, the experts of relevant fields such as law, sociology, economics,etc. participate in checking and appraising together, if also there is a doubtful point, can apply for the administration of justice to relieve. The Beijing News: Many insane asylums, in order to make profits more, will accept for medical treatment more as much as possible, how to contain? Horsepower: The insane asylum is the special hospital which satisfies the social basic needs, it should be public beneficial, allocate funds fully by finance, can't have task of creating income, prevent from, charge more patient and lengthen motive and encouragement that patient leave hospital. Should improve the status of the workers of doctors and nurses of the insane asylum, besides guaranteeing the fee of number of people, should also offer the subsidy appropriate to a particular job specially, retain staff, improve the medical level of insane asylum. Because psychosis needs to take medicine for a long time, it is about 20,000 yuans that the general patient's family needs expenditure every year, the expenditure of patient's family of serious disease is up to more than ten Wan, making a diagnosis and giving treatment to mental patient, should include in the medical insurance range more, improve the proportion of mental hygiene medicines in the medical catalogue, raise and submit an expense account the proportion, reduce mental patient's family burden. The more important thing is to ensure a patient human rights The Beijing News: Why did you see the person that does not need to accept for medical treatment but send to the insane asylum? Horsepower: The phenomenon that some mental patients whose media reports are accepted for medical treatment by mistake, it is the individual case, it is a few. It is to infringe the illegal activities of human rights but misdeliver, accept normal people by mistake, manage by mistake, be punished by the law, even the guardian, if do it intentionally, crime,etc. of determining the crime as framing, taking into custody illegally, should do to stop up, pay the insane asylum accept for medical treatment at the foundation of the loophole as soon as possible now, change the mental patient's therapeutic way. The Beijing News: How to change the mental patient's therapeutic way? Horsepower: The key lies in making the insane asylum become the home that cares about the mental patient, change the method to limit freedom of person. Curing following the human-oriented idea to mental patient, the therapeutic aim is to want to let the mental patient return to the society finally, earn one's own living. Want, it spends 3 to 5 day to be perfect to treat the opportunity fully when acute to break out, the patient carries on the open treatment after waking up, keep in touch with doctor and patient freedom, enter consolidation convalescence of about two weeks, the patient can leave hospital in about 1 month, enter the community, carry on the rehabilitation on 3 months to half years, participate in various activities of community, rescue in order to return to the society. The present long-term closed treatment, in order that " the person that does not need to accept for medical treatment is sent to the insane asylum " Having offered the chance, humanization, caring about type treat the way, the patient has communication, receives a visitor and such rights as the administration of justice is succoured in the hospital, prevent sending insane asylumming to, regarding insane asylum as behavioring of place to limit freedom of person the intersection of interests and conflict person said the above from. (edition this, interview and write / sophisticated and brave in reporter) Advise all of us to become among the people " The suspected mental patient " October of 2006, because of Zou YiJun ( woman in Guangdong, because " family quarrel " Handed over to the insane asylum by force) The case, I am exposed to this field for the first time in one's life. From that time, I begin to be devoted to accepting the research of the system for medical treatment to psychosis. Write " psychosis accepts the legal analysis report of the system for medical treatment " this time, mainly pass to true case of about 300 news reports, more than 100, for example inferior forest Liu abate virgin case and Kin On Chen murder brother case and the intersection of Jiangsu and JinHong case Zhu, what the intersection of silk and honour case, the intersection of Shenzhen and YiJun case Zou it will be Guangzhou, and the analysis of more than 30 kinds of legal norm, come to reveal the question among them. System loophole: Psychosis accepts the existence for medical treatment " Eight major defects " We, through the finding, the present psychosis of our country accepts eight major defects of the system for medical treatment: First, accepting unvoluntarily for medical treatment has no threshold; Second, do not have procedure norm to accept unvoluntarily for medical treatment; Third, right to deny individual refuses to be in hospital; Fourth, infer guardians without the due course of law; The fifth, leave hospital to follow " Who send here, take away by nobody " Rule; Sixth, do not have error-correcting mechanism in hospital, all there is not a door to complain, appeal, prosecute; The seventh, the administration of justice is relieved and does not work; The eighth, the number of compensation for spiritual damages is very low. The deep reason which causes the above-mentioned eight institutional defects, lie in three sites of falsehood of calling white black, confounding black and white exist in the medical theory of psychosis of our country. Namely one " limits the accepting for medical treatment by force of freedom of person" Regard as " pure medical behavior " ,Think and accept for medical treatment and have nothing to do with the freedom of person by force, refuse to get involved in administration of justice; On legislation, define some as voluntary in hospital, violate the intersection of party and " treats Describe as " Treat voluntarily " ; Have medical science " Insight " As judging the standard of party's capacity, offer to the party's close relative or send off and manage people with " guardian " Position. Legislate to propose: Set up effective the intersection of objection and the intersection of mechanism and we to solve above-mentioned suggestion of problem: First, increase the financial input of spiritual prevention and cure of disease, guarantee those mental patients who may jeopardize the public security can get enough treatments; Second, to those " Psychosis" Person,must pass judicial processing, should enjoy judge award in hospital or not, treat by power to make decision or not, the psychiatrist's diagnosis can be regarded as the important reference that a judge award; Should accelerate the mental hygiene and legislate three times, stipulate clearly, in psychosis is accepted for medical treatment, any party has the right to invite the lawyer. To those persons who asks less than lawyers, the country should offer law aid. Most central to take, set up effective the intersection of objection and mechanism, popularize law, represent system. Propose offering a set of effective objection mechanisms to involuntary mental patient through an progressive promotion. The intersection of a short time and speech, have civil court to be fast to decide with the intersection of hygiene and responsible institution punishing the appeal, supporting, running; On long terms, should set up conventional case administration of justice and verify the system. Call upon implementing world psychosis and learning " Madrid declaration " about the job ethics standard, fill in the blank of the job of the doctor of Chinese psychiatric department with normal ethics. Give an oral account: Huang XueTao (public service lawyer, identity is released " psychosis accepts the legal analysis report of the system for medical treatment " with the chief editor)


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