浅论风险控制网络中成年精神障碍患者的监护制度及其调整

Discussions on the Monitoring system of Adult Mental Disorders in the Risk Control Network and Its Adjustment

在精神障碍患者肇事肇祸风险控制网络中,非自愿医疗制度和综合治理中的监护人"以奖代补"制度与成年精神障碍患者监护密切相关,但这两项制度中的被监护人范围和监护职责与民法监护制度的相关规定存在较大区别;而《民法总则》确立了对精神障碍患者自我决定权的保护,故这两项制度也应相应调整,以更好地保护成年精神障碍患者的合法权利。

In risk control network of perpetrators with mental disorders, involuntary medical system and the system of ＂replacing punishment with awards＂ for the guardians in comprehensive treatmentare closely related with guardianship system for adults with mental disorders, but there exists great difference between the scope of guardians and guardianship duties in the above-mentioned systems and the relevant provisions in civil laws. The protection of self-determined right for patients with mental disorders has been established in General Rules of Civil Law, and these two systems should also be adjusted accordingly to better protect the legal rights of adult pa- tients with mental disorders.