Wednesday, May 23, 2012

The normal man is sent into the insane asylum by force

The normal man is sent into the insane asylum by force
The normal man is sent into the insane asylum by force
4 psychiatrists called on suddenly, resident of Jinan city Shizhong District Wang China (assumed name) Truss up, yes accept their for medical treatment by force as mental patient, for this reason Wang China lodges a complaint against insane asylum and wife. Today, because the original defendant has not appealed in legal time limit, the first instance judgement of the court of Shizhong District of Jinan comes into force, insane asylum, defendant of judgement, compensate plaintiff for Wang China spirit, conciliate 5000 of King. It is reported, this is national the citizens that the first comes into force are accepted for medical treatment and initiates the judgement of the lawsuit as the mental patient. According to the introduction of plaintiff Wang Hua, one day in April of this year, he, while having a rest at home, some 4 doctors of insane asylum in Jinan intrude upon home, truss its both hands up, should take him away and treat as the mental patient. He does one's utmost to explain oneself is the normal people, and do all one can to resist and call for help, has attracted many people to surround and watch. And then under the 110 police's succour, he can get away. Later, he sue insane asylum and wife to the court, if he learn it was a wife that required the insane asylum to accept oneself for medical treatment, think it is injured greatly that the behaviors of insane asylum and wife have brought human body, psychology to oneself, spiritual, demand to sentence to making compensation spirit of insane asylum conciliate 50000 yuan of gold, the wife compensates for one's own 3000 yuan, and make an apology. Defendant insane asylum feels wronged, point out in the reply, Wang Hua's wife is after this institute has gone through formalities of in hospitalling, hire the vehicle to ask the doctor of this institute to accept the mental patient for medical treatment. To patient with restrain tape from, go on, restrain, for prevent patient from to be since incomplete injuring others. So, the insane asylum accepts for medical treatment regularly and accepts for medical treatment according to the mental patient, there is no tort. Wife of Hua Wang approve statement of insane asylum too, think, should take Wang China away and treat. Court try, think, pass legal procedure, any unit and individual can't deprive others' freedom of person. Even a mental patient or suspected patient, because there is no mandatory regulation of the law, the insane asylum can't accept for medical treatment by force either. In this case, the insane asylum is by the statement of Wang Hua's wife only, on accepting Wang China for medical treatment by force by way of trussing up, it is a kind of tort, should apologize and compensate according to the stipulations of law. Finally, court adjudiacate in the first instance defendant insane asylum compensate plaintiff for Wang China spirit, conciliate 5000 of King. After the case judgement, has already crossed and appealed one so far, original defendant's both sides have not appealed, this judgement has already come into force. With the coming into force of court's judgement, this case draws the full stop. But the dispute that the case initiates has not been over. Just as plaintiff king China speaks, if the insane asylum can accept a person for medical treatment by force as the mental patient at will, then everybody faces the danger accepted for medical treatment by force as the mental patient, this will cause the confusion of the civil order. Try judge of case this, introduce Wang China the mental patient is not no a dispute focus in the case this, focus lie in insane asylum have the right, charge, cure the disease people by force. Because there is not stipulating clearly, it is the tort that the insane asylum accepts for medical treatment by force of a law at present. If you want to ensure the mental patient to be treated and cured, ensure normal people not to be accepted for medical treatment by force as the mental patient at the same time in time, need the law to assert, accepts the procedure for medical treatment and makes the clear and concrete regulation to mental patient. (Wu permits the wave)


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