Non-governmental public interest organization: Psychosis is accepted for medical treatment confusedly It is legislative to demand perfection urgently
It is 16th world day of mental hygiene on October 10, " psychosis and the society observe " With the intersection of Shenzhen and the intersection of weighing apparatus and the intersection of flat organization,etc. and two non-governmental public interest organization, " whether China psychosis accept the legal analysis report of the system for medical treatment " in release 40,000 over word by Beijing. This report passes the analysis to about more than 100 true case, more than 30 kinds of legal norm and more than 300 news reports, what the ones that have announced present medical science of psychosis of our country should be accepted for medical treatment do not accept for medical treatment, shouldn't be accepted for medical treatment but confused situation and resource distribution that are accepted for medical treatment misplace to the public threat, point out our country current psychosis accept system for medical treatment, have eight major defect, announce, hide following 3 pieces of theory falsehood, it makes everyone face " Accepted for medical treatment " Risk. According to the introduction of taking the lead in writing people, Shenzhen lawyer yellow snow great wave of this report, this report has gone through studying and writing the course of three years. This is that first one of our country accepts the folk report that the system is paid and analyzed for medical treatment to psychosis from legal visual angle. Current situation: Resource distribution misplaces and passes the analysis to numerous news report and a large number of cases, the report finds it is very confused that our country's present psychosis accepts the situation for medical treatment. On one hand, because the patient who should be accepted for medical treatment is unable to pay the medical fee, can't treat, or is confined for a long time by family, or tramp the streets, " bomb when being indefinite " that they are known as falling scattered in the society ,It is public and safe to threaten, often lead to the tragic incident. On the other hand, the person who does not there is not a disease or need to accept for medical treatment by force in a large amount, the person who is have interests to conflict with it sends to the insane asylum, bear and lose the freedom of person, is forced to accept a agony of receiving treatment. The report points out, this kind of resource distribution misplaces, the situation making resources in short worsens further. Precious medical resource distribution is improper, not only lead to the fact and waste, but also will bring enormous agony and injury to party, sharpen the social conflict, it is disharmonious to bring the society. The public still faces it the threat which the insane asylum accepts for medical treatment at any time. Reason: Accepting the eight defective reports of the system for medical treatment points out eight major defects that the present psychosis of our country accepts the system for medical treatment: First, accepting for medical treatment by force has no threshold. All people including slight mental patient, suspected mental patient can be accepted for medical treatment. This and international community is current " There is behavior of injuring oneself or others or dangerous " The standard is not accorded with. Second, do not have procedure norm to accept for medical treatment by force. The hospital can be on condition that never see parties, never make diagnosis, send someone to use the party " Kidnap " Way accept for medical treatment. Third, right to deny individual refuses to be in hospital. The hospital is scarce with the mental patient " Insight " It is from,if you can't deny, refuse by right in hospitalled personally. Does not admit that there is psychosis, become that there is manifestation of psychosis alone. Fourth, infer guardians without the due course of law. The normal adult is the totally civil capacity people legally. Have not been applied not to declare with the court in order to have by the interested party (limit) Civil capacity people, the adult does not need guardians. But in practice, the hospital often infers automatically that it is guardians to send off and manage people. The fifth, leave hospital to follow " Who send here, take away by nobody " Rule. Hospital insist only by sending off and managing people can it meet party leave hospital, even if hospital know perfectly well give, it manages people to be to start from the intersection of interests and conflict, send party here, also insist only by sending off and managing people can it meet people and leave hospital. In other words, the hospital is only responsible for the person who pays the medical fee. The sixth, there is no error-correcting mechanism in hospital, all there is not a door to complain, appeal, prosecute. Accepted for medical treatment, no matter how the party protests, all third party's organization does not handle the objection. The seventh, the administration of justice is relieved and does not work. After leaving hospital, the party attempting to safeguard the individual rights by lawsuit faces the very heavy predicament, or deny into the intersection of lawsuit and capacity, tell right deprive completely; Or enter by mistake " The medical dispute " Trap, carry on seasaw battle on there are diseasesing, it ignores accepts for medical treatment at the procedure to be unstandard. The eighth, the number of compensation for spiritual damages is very low. Through resisting difficultly for many years, the compensation for spiritual damages that the party winning a lawsuit finally often only got two 30,000 yuan. Theory: Three " call white black " The report points out, the deep reason for eight institutional defects, lie in the medical theory of psychosis of our country is stored in three places, " called white black " , the falsehood of confounding black and white. First of all, of our country the intersection of psychosis and medical science deny legal attribute that accept for medical treatment by force, " restrain the accepting for medical treatment by force of freedom of person from " Regard as " pure medical behavior " ,Think and accept for medical treatment and have nothing to do with the freedom of person by force, refuse to get involved in administration of justice. Secondly, regard accepting partly for medical treatment by force as treating voluntarily in medical science of psychosis of our country, if the party refuses to manage giving the will that people's will regards as party in hospital, a one that violate party's will in theory " The unvoluntary treatment " Describe as " Treat voluntarily " . Finally, medical science of psychosis of our country replaces the legal standard with the medical standard, " insight " on medical science As judging the standard of party's capacity, the judge's power that the doctor oversteps the authority, it offer the party one close relative or give manage people with " The guardian " Position. Substitute the concept for another surreptitiously through this three, make it possible that anyone is accepted for medical treatment by force by the insane asylum. Legislate: Legislative resources are monopolized the mental hygiene of our country and legislated to start to already last 25 years by 2010 in 1985. The report points out, though count and exchange its draft during that time, but " law of mental hygiene " still fails to issue. While having difficult labour in " law of mental hygiene ", the mental hygiene of the place legislates to be appearing constantly, China has already had six " regulations of mental hygiene " of places at present. Led by Ministry of Public Health the legislation is drafted, most of members of expert panel are the doctor, fail to absorb in multi-disciplinary scholars such as population, sociology, law,etc., thus make the psychiatric expert monopolize legislative resources. The doctor and responsibility of the medical organization are narrowed, but power is enlarged, have some relations with it. Look from weighing in hospital, though 2009 <
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