精神障碍患者非自愿医疗的实体要件研究

Study of the Substantive Essentials of Involuntary Treatment of Mental Patients

我国精神障碍患者非自愿医疗的实体要件中,严重精神障碍属于对医疗必要性的限缩,与自他伤的危险性要件一起,实现了父权思想和警察权思想的统一。虽然现行法中未明确规定治疗可行性要件,但是,应当对其进行扩大解释,将治疗可行性作为对精神障碍患者实施非自愿住院的应有之义,以淡化保安处分的色彩,更好的维护精神障碍患者的合法权益。

In the substantive essentials of involuntary mental treatment,the severe mental disorders are the limitation of medical necessity,which achieve a unification of patriarchal ideology and police power with the element of risk of hurting himself or others.Although the current law does not clearly defined the element of treatment feasibility,it should be expanded to explain the treatment feasibility of mental disorders as involuntary hospitalization＇s proper meaning,to dilute Security Measures colors and maintain legitimate rights and interests of mental patients better.