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    Mental Health Law Stipulates That Criminal Responsibility For "Mentally Ill" Person Should Be Investigated.

    2011/10/25 8:47:00 42

    Mental Health Law To Investigate The Criminal Responsibility Of "Mentally Ill" Responsible Person

      



     


    The draft mental health law stipulates that the person liable for "mental illness" will be investigated for criminal responsibility.

    Figure /CFP


    The twenty-third session of the eleven NPC Standing Committee first deliberated on the draft mental health law.

    The draft stipulates the three links of sending, consulting and treating, as well as the consultation, appraisal, supervision and evaluation of mental disorders.

    The draft stipulates that patients with mental disorders should be hospitalized voluntarily. If a mentally ill person is admitted as a mental disorder to a medical institution, he will be punished.


    Compared with the previous draft, the application conditions of involuntary inpatient medical measures have changed greatly. The controversial "disturbing public order" clause has been deleted.


    Entrusted by the State Council, Chen Zhu, Minister of health, explained to the Standing Committee of the National People's Congress on the draft mental health law. Mental health is both a global public health problem and a serious social problem.

    The seriousness of mental health problems is very prominent in our country.

    Mental illness ranks first in the total burden of disease in China, accounting for 20% of the total burden of disease, and about 16 million patients with severe mental disorders.

    Chen Zhu pointed out that at present, the procedures for compulsory treatment of mental disorders in China are missing, and the forced treatment cases in some localities have aroused strong doubts from patients and their relatives. "Mental illness" has become a hot topic of public opinion from time to time.

    In order to prevent the occurrence of "mental illness", the draft has set strict legal liability for related behaviors.


    The bill proposes that one of the following circumstances shall bear civil liability according to law, and constitute a crime, and shall be investigated for criminal responsibility according to law: violating the will of oneself to determine whether it has medical examination for mental disorders; intentionally sending non mental patients with mental disorders to medical institutions; and illegally restricting mental patients from medical institutions.


    In addition to civil liability and criminal liability, administrative personnel shall also be punished according to law. If the staff of administrative organs have one of the circumstances listed in the preceding paragraph and act in violation of their functions and powers, their administrative organs and individuals shall be liable for compensation in accordance with the provisions of the state compensation law.


    In addition, the draft also suggested that the mentally ill judicial authenticator deliberately issued the false mental disorder appraisal opinion, which was revoked by the judicial administration department of the provincial people's government. If a crime is constituted, he shall be investigated for criminal responsibility according to law.

    While protecting the personal rights of patients with mental disorders, the draft also makes relevant provisions in the light of the low level of treatment and assistance in mental health work in China, and proposes legislation to strengthen the prevention, rehabilitation and rescue of mental disorders.


    Interpretation of the draft


    focus


    1 who is eligible for admission to patients with mental disorders?


    Patients are different in different subjects.


    The draft stipulates that in addition to the mental disorders diagnosed by the medical institutions, the nearest relatives of the suspected patients can be sent to the medical institutions for diagnosis. For the patients with suspected mental disorders who are unable to find near relatives, the local administrative departments concerned will be sent to the medical institutions for assistance in the diagnosis according to their responsibilities.


    Patients with suspected mental disorders may harm themselves, harm others' safety behavior, or harm themselves or harm others' safety. Their close relatives, units and local public security organs should take measures to stop them and send them to medical institutions for diagnosis immediately.


    focus


    2 how to diagnose mental disorders?


    Written diagnosis is required within 72 hours.


    Who has the right to diagnose patients with mental disorders and suspected patients? The draft specifies the main body of implementation: diagnosis of mental disorders should be made by psychiatric practitioners.


    As for the diagnostic procedure, the draft has also clearly stipulated that the medical institution receives the suspected patient who is sent to the hospital, and can not refuse to make a diagnosis for it. It should immediately assign 2 or more psychiatric practitioners to make written diagnosis in 72 hours, and the diagnosis of mental disorders should be based on mental health status.

    Except for otherwise stipulated by law, no medical examination shall be carried out to determine whether or not it suffers from mental disorders.


    focus


    3 what circumstances can be mandatory?


    Involuntary hospitalization is divided into two cases.


    In June this year, when the draft was first published by the Legislative Affairs Office of the State Council and solicited advice to the community, it stipulated the conditions for the application of involuntary medical measures, that is, only mentally disabled patients could not identify or control their own behavior, and they could harm themselves, endanger public safety or personal safety, and disturb public order.


    The regulation of "disturbing public order" has been widely discussed. Some experts believe that the provision is in danger of being abused.


    The draft submitted to the NPC Standing Committee for deliberation was modified. It was stated as follows: the conclusion of the diagnosis and the assessment of the illness showed that the patient was a serious mental disorder and had the following two situations. The patient should be hospitalized for treatment: first, the patient had already harmed his own behavior, or had harmed his own danger, or was not hospitalized for his treatment; two, the patient had already done harm to others' safety or had the danger of endangering others' safety.


    The draft stipulates that in the first case, medical institutions can carry out hospitalization for patients in the first instance and the consanguineous consanguineous guardianship officials do not agree.

    In the second case, the patients or their close relatives who have the duty of guardianship do not agree to be hospitalized, and the patients who need to be hospitalized after re visit and identification should be hospitalized. The consanguineous relatives with guardianship duties should agree to hospitalization for the patients. If the relatives close to the guardianship do not agree with the inpatient treatment, or the mentally disabled patients leave the hospital without permission, the public security organ can assist the medical institution to take enforcement measures.


    focus


    4 how to protect personal freedom?


    Two kinds of referral are required.


    The two appraisal system


    The treatment of patients with mental disorders involves personal freedom. In order to prevent the occurrence of mental illness, the mental health law drafts two types of mental disorders, namely, the two consultation system.


    The draft of the draft of different involuntary hospitalization stipulates two kinds of remission system: the case that the patient has injury itself needs involuntary hospitalization, and the patient who does not agree to be hospitalized can request a medical institution to revisit the medical institution within 3 days from the date of receiving the diagnosis, and the medical institution should assign 2 psychiatric practitioners other than the first doctor to make a return visit and make a conclusion of a review within 5 days.


    Because the patient is in danger of endangering others' safety and so on, it is necessary to implement the involuntary hospitalization treatment for those who do not consent to the inpatient treatment or the close relatives with the duty of guardianship. Within 3 days from the date of receipt of the diagnostic conclusion, the other qualified medical institutions in the Provincial Administrative Region shall be selected for re visit, and the re visit conclusion shall be made within 5 days.


    In addition to the two kinds of referral system, the draft also provides for the two identification system: if there is any objection to the conclusion of the re examination, it is necessary to independently entrust a mental obstacle judicial authentication institution that has obtained professional qualification according to law. If there is any objection to the appraisal opinion, it may require the judicial authentication institution to designate another 3 or more judicial appraisers to reappraise.


    Mental illness diagnosis, judicial embarrassment, heavy responsibility


    NPC recommendations


    The National People's Congress Committee on education, culture and health has said that the draft has been infringed upon to ensure that citizens' legitimate rights and interests are not abused by involuntary inpatient treatment measures, and the introduction of judicial expertise system has been introduced. However, some departments and experts have different opinions on this.


    Among them, judicial expertise is a litigation level, and the diagnosis of mental illness is a technical problem.

    The judicial authentication institution is an independent legal entity, not a judicial and administrative organ. Its appraisal opinion only provides evidence.

    In accordance with the provisions of the draft, the judiciary should make a final judgement on whether or not suffering from mental disorders and decide whether to hospitalization or not. It lacks rationality and authority. In legal fact, there may be disputes or disputes in the diagnosis of justice.

    Therefore, it is suggested that the relevant departments of the State Council do further research on the forensic identification of mental disorders.


    Total funding for mental hospitals


    The National People's Congress Committee on education, culture and Health said that in the survey, the system of mental disorders prevention and control is not perfect in China, and the government's investment is seriously insufficient, especially the grass-roots prevention and control institutions have a larger working capital gap and poor infrastructure facilities.

    Mental health professionals are badly lacking and their treatment is generally low.

    "The draft has made some principled provisions on the protection of mental health work, but the draft stipulations are very principled and difficult to implement."


    In response to this, the responsible person put forward proposals to further strengthen mental health work and prevention and control system construction in the draft, support mental health prevention and control work in poverty-stricken areas and minority areas, and local people's governments at all levels should protect the funds for the prevention and control of mental diseases in urban communities and in rural areas.


    At the same time, the psychiatric hospital is the main body of the mental health service network, undertaking the main outpatient and inpatient services, and is responsible for the technical guidance of community mental health services.

    Therefore, it is suggested that the funds, business expenses and development and construction funds of psychiatric hospitals should be allocated as a full financial allocation in the draft, and the contents of government budgets at the same level should be further clarified, so as to enhance the operability of the law.


    In addition, taking into account the particularity of mental health work, it is suggested that the treatment of medical personnel should be clearly stipulated in the law, such as the establishment of special post allowance and so on.

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