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China - Draft Mental Health legislation considering involuntary hospitalization for "disturbing the public order"

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  • China - Draft Mental Health legislation considering involuntary hospitalization for "disturbing the public order"

    machine translation -

    Mental health legislation "disturbing public order" provisions treated Yin Zhengyi
    Source: Beijing Times At 01:36 on July 11, 2011
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      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's  how to set up health care system for involuntary hospitalization, mental health legislation a top priority, but also the difficulty of the difficulties.   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 an  involuntary admission draft clearly stipulates conditions for the application of medical measures that only people with mental disorders can not recognize or can not control their own behavior, and have hurt themselves, endangering public safety or the safety of others, risk of public disorder, can the involuntary hospitalization of patients.   "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" the crime of obstruction of official business "" trickster crimes "and other 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 being abused as a restrictions on civil liberty and give public security, criminal penalties for an excuse, 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.  

    Edition have written the reporter Li Qiumeng

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