China plans to formulate mental health law to prevent abuse of involuntary treatment

The draft mental health law was submitted to the 23rd session of the 11th National People's Congress Standing Committee for deliberation on the 24th. Chen Min, Minister of Health of the People's Republic of China, explained to the meeting on the contents of the draft, that hospitalization for mental disorders is a hot spot for all walks of life. Whether or not you have mental disorders and the degree to which hospitalization is needed is a medical professional judgement. The psychiatric practitioners should strictly follow the conditions and procedures to make judgments; the implementation of hospitalization measures must be based on the need for hospitalization by medical institutions. The diagnosis is based on the conclusions.

Chen Hao said that in order to ensure that the legitimate rights and interests of citizens are not infringed upon by involuntary involuntary treatment and effectively prevent the occurrence of "mentally ill" phenomenon, the draft stipulates two types of referral and two authentication systems.

The draft clearly stipulates that the referral conclusion or the opinion of the appraisal indicates that the patient cannot be confirmed as a patient with severe mental disorders or that the patient does not require hospitalization.

Chen Hao said that the current outstanding mental health problems in practice include: First, the level of salvage and rescue of patients with mental disorders is low, and the legitimate rights and interests of patients with mental disorders have not been fully and effectively guaranteed. Second, the management of patients with severe mental disorders is not in place. Incidents and incidents of mental disorders occur from time to time. Third, the lack of procedures for the compulsory treatment of patients with mental disorders, the occurrence of forced cases in individual places caused the patients and their relatives to strongly question, "being mentally ill" has become a public opinion hot spots from time to time.

The draft mental health law stipulates that the following acts will bear civil liability and constitute criminal responsibility for the pursuit of crimes: intentionally sending patients with mental disorders as mentally impaired persons to medical institutions; illegally restricting people with mental disorders from leaving medical institutions; and forcing persons with mental disorders to work.