中国精神卫生立法进程回顾

Experiences and lessons draw from the process of mental health legislation in China

本文围绕中国新出台的精神卫生法究竟是有所创新还是因循守旧的问题,通过分三阶段回顾立法的曲折历史,概括分析了这部法律立法思想和有关制度设计的形成过程,并对其中一些规定背后的观点交锋以及法律实施后可能带来的影响作了简要介绍,旨在为精神卫生相关立法研究和法律在实施中的进一步完善提供参考。

Aiming to provide clues and references for further study, implementation and amendment of the China＇s new mental health law, the present article analytically reviewed the process of the legislation according to three different historical phases from 1980s to 2000s, The key issue of discussion is about whether the China＇s new law （and its previous many drafts） is innovative or conservative, which has become one of the frequent mentioned comments. In response to these comments, the article provided some context with focus on a brief introduction about how the principles and provisions of this law were developed by the expert committee and legislators. Debates behind specific provisions and some potential influence to mental health service in China are generally described at the end.