论精神障碍患者强制住院异议机制的完善

Improving the mechanism to compulsory hospitalization of mental disorders

以维护精神障碍患者的合法权益为立法宗旨、经过27年反复斟酌的《精神卫生法》终于出台,填补了精神卫生领域立法的空白,也将人权保障写入法律。精神障碍患者以自愿住院为原则,强制住院为补充,减少了"被精神病"的发生,但是对于强制住院的异议机制规定甚少且可操作性不强,不利于维护精神障碍患者的权利。在借鉴国外精神障碍强制住院异议制度的基础上,从提出异议的主体、异议机构以及异议程序方面,结合我国国情,对强制住院异议机制进行完善。

In order to safeguard the legitimate rights and interests of people with mental disorders for the purpose of legislation, after 27 years＇ repeated as appropriate, Mental Health Act finally introduced to fill the gaps in the legislation in the field of mental health, as well as the protection of human rights enshrined in the law. The principle of voluntary hospitalization has been established, supplemented by compulsory hospitalization. The occurrence of ＂been treated as mental patient＂ reduced. But objection mechanism to compulsory hospitalization is not conducive to safeguarding the rights of people with mental disorders. Draw on the basis of compulsory hospitalization of mental disorders opposition system in other countries and combined with China＇s national conditions, this article discussed in aspect of opposition subject, opposition department and opposition procedure in order to improve compulsory hospi- talization opposition mechanism.