精神障碍非自愿治疗与权威协调

Involuntary Treatment of Mental Disorders and the Coordination of Various Authorities

在我国最终通过的《精神卫生法》中,非自愿治疗出现在第三十条,删除了草案(一)中的"或者不住院不利于其治疗的"。但这样的删除是不适当的,删除的结果是《精神卫生法》过于偏向个人权威,从而轻视了家庭和医生权威,反而不利于病人的健康和利益。因此应该修改法律,重新加上"或者不住院不利于其治疗的",但需在程序上要求主要家属一致同意,建立独立的精神卫生审查委员会。这样才能体现几种权威的适当平衡,保障精神病人非自愿治疗的公正和有效运行,真正实现我国精神卫生立法的宗旨。

The Article 30 of the final Chinese Mental Health Act （2013） stipulates the conditions of the legiti- mate involuntary treatment of mentally disorders. In the original draft, it included one condition＂ involuntary hospi- talization can be legitimate if non - hospitalization is not beneficial to the patient＇s treatment＂ , but the final Act de- leted this condition. The authors argued that this deletion was improper, as it biased toward individual authority of the patients but neglected the authority of the family and the physician engaged in the psychiatric practice. It was ultimately detrimental to the patient＇s health and well -being. The present study argued that the condition should be readded to the Act. However, on the procedure this treatment needed unanimous consent of the principal family members in procedure and established an independent Mental Health Ethical Review Committee. By doing so, the Act may reflect the balance of various authorities, ensure the justice and effective operation of the involuntary treat- ment of the mental patients, and realize the purpose of the mental health legislation in our country.