精神障碍患者非自愿住院医疗法律规制之原则

Principles of the Legal Regulation to the Involuntary Hospitalization of Mental Disorders

基于对社会权利秩序的维护和对精神障碍患者个体权利的恢复,非自愿住院医疗有存在的必要性,但又涉及到对自由权的剥夺,衡平其中的矛盾在于对非自愿住院医疗进行正当的法律规制,探讨了精神障碍患者非自愿住院医疗法律规制应当遵循的法定原则、法律价值权衡原则、最小限制原则、比例原则、医疗目的原则和司法审查原则。

Based on the maintenance of the order in social rights and the recovery of the individual rights of mental disorders, it is necessary to carry out the involuntary hospitalization medical care, hut taking an involuntary hospitalization for mental disorder also involves the deprivation of freedom. The key to resolve the contradictions lies in the proper legal regulation of involuntary hospitalization. This article analyzed the rule of law required to investigate the principle of legality, the principle of the balance in legal value, the principle of the least restriction, the principle of proportionality, the principle of medical purposes, the principle of judicial review, that the legal regulation of mental disorders＇ involuntary hospitalization should follow.