完善我国重症精神障碍患者非自愿住院医疗制度的思考

Reflection on the Perfection of Health Care System of Involuntary Hospitalization for Patients with Mental Disorders in China

非自愿住院医疗制度对于精神障碍患者的治疗和监管是非常重要的；我国因为相关立法的缺失，使得这一制度存在诸多缺陷，导致精神障碍患者得不到恰当的治疗和监管，同时也出现很多“被精神病事件”，严重侵害了公民的人身权利。本文通过对我国精神障碍患者非自愿住院医疗制度存在的问题进行分析，在借鉴国外相关经验和成果的基础上，从非自愿医疗适用的前提条件、裁决机关、救济途径、社区康复制度等方面，提出了完善我国重症精神障碍患者非自愿住院医疗制度的立法建议。

The health care system of involuntary hospitalization is very important for patients with mental disorders to be treated and supervised. And the lack of relevant legislation in our country makes this system im- perfect, which makes patients with mental disorders unable to get appropriate treatment and supervision, and thus leads to many ＂being mentalized incidents＂ which seriously violate citizens＂ personal rights. Based on the analy- sis on the problems existing in the health care system of involuntary hospitalization and related foreign experi- ences and achievements, this paper puts forward some legislative proposals from the perspective of the applicable condition, the ruling organs, relief way, and community rehabilitation system to perfect the health care system of involuntary hospitalization in China.