Civil / Yang Cheng sends reporter Dong Liu
The trainee predicts elegant static Wang Yatong
Ren Dahua of Hong Kong star attended commercial performance to be stabbed to Guangdong Zhongshan on July 20, obstacle of spirit of existence of the person that police reports do violence (cranky model schizophrenia, common says " covet disease " ) . Be in several days ago, country boat " social supervisor " be troubled by plane cabin greatly, also be confirmed to contract invigorative disease by the unit after...
The expert expresses, wholesome law carries out spirit more than 6 years to come, solved a lot of problems, but the biggest question that exists at present is this law in carrying out a process, a few guardian did not use up tutelar duty.
Additional, the side runs in mental person community, patient's condition of a few people is not stable and when rejecting cure, guardian to be superintended feebly again, standard of active drive sanitation did not make clear those who fix this one problem to solve method to reach solve flow.
Graph / visual China
Still have many " mental person " did not type statistical system
Go a few days in, incident of cause an accident of cause trouble of patient of many spirit of domestic, mental person in the line of sight that this one special group pulls people again.
Be in our country, barrier of sex of affection of schizophrenia, dissension, abiding covet sex barrier (cranky sex mental disease) , double photograph (affection) 6 kinds of diseases such as obstacle of spirit of hair of companion of arrearage of development of obstacle of obstacle, spirit of epileptic be caused by, spirit belong to disease of heavy sex spirit. National Wei Jian appoint the requirement begins a patient to register to these 6 kinds of patients, cure deliverance, along with visit management.
"It is a very big difficult problem to the management of mental person, once management does not reach the designated position, appear easily the behavior that jeopardizes a society, let people's air defense be prevented deeply. " Yang Zhiwei of solicitor of office of Guangdong law complete attorney expresses to the reporter.
In recent years,
In September 2018, national Wei Jian appoint answer a delegate of countrywide National People's Congress says, according to the country information of serious spirit obstacle fastens all statistic, up to by 2017, the whole nation is in patient of serious spirit obstacle 5.81 million, be in patient government rate 92.7% .
"Say from the number, according to the investigation of epidemiology, about 16 million weigh sexual mental disease now. " Beijing University the 6th hospital (institute of sanitation of Beijing University spirit) when Yao Guizhong of chairman doctor, former assistant dean accepts Yang Cheng clique to interview, say, come nearly 10 years, national sanitation branch did servive routine of sanitation of spirit of a lot of community, each district launchs wholesome staff general investigation, through effort of nearly 10 years.
Already was found at present and register in book heavy sex madman, 1/3 what hold sum total about, "Actually 2/3 have been not find, it is on one hand return existence discrimination and bias to mental person socially, bring about some people not to wish to enter the system that register, it is a few people still fail to be found through current fashion on the other hand. It is a few people still fail to be found through current fashion on the other hand..
And be in Guangdong, up to on August 31, 2018, guangdong is in 503 thousand person of patient of serious spirit obstacle, report sicken is led (check goes out rate) for 4.58 ‰ , relevant index all is on national front row.
Yao Guizhong says, to what already found these weigh sexual spirit patient, national Wei Jian appoint formulary community doctor should be done every year 4 times along with visit. Some community doctors dare not face mental person directly, just pass street, house appoint meeting understanding, be informed " do not have a thing " went.
"Another problem is, some patients are belonged to see a doctor without regular ground, do not take drug by doctor's advice. Be in book in the patient, the person that exceeds an in part takes drug without regular ground, did not receive effective treatment namely. And erratically cure causes an illness easily to be not stabilized, the occurrence harm other, condition that hurts oneself. " Yao Guizhong says.
A few guardian not act or superintend feebly
Began on May 1, 2013, mental sanitation standard begins to carry out. The character dignity that it provided mental obstacle patient, person and belongings safety do not suffer encroach, the hospitalization of mental obstacle executes freewill principle, to effecting a radical cure " by mental disease " had very big effect.
When the institute of Beijing University law that whole journey participates in mental sanitation standard to draft teachs Sun Dongdong to accept ovine city clique to interview, say, mental sanitation standard is a good way, present problem appears in carry out, among them the biggest question is a few guardian guard duty very much, expression is duty of nonperformance of patient family member, indulge no matter.
Still have even if, patient already be in hospital, the family member asks to receive leave hospital, this among them a reason is wholesome to spirit knowledge does not understand family member or common people, think the patient does not have disease or disease must be done not have so serious.
"The doctor after producing be in hospital of depressed disease patient recently is advised again and again want hospitalization, after the result is received to go back by family, committed suicide, this kind of circumstance is the closest common occurance. " Sun Dongdong says, before phenomenon of cause an accident of cause trouble of a few criminal happens, some patients have clear do violence evidence, the hospital reminds again and again, but family member indulge, the result goes out finish sth.
Guardian all did not guard duty, partial reason still depends on guardian be being guarded feebly. Yao Guizhong introduces, according to the regulation of mental sanitation standard, family is the first guardian of mental person, but the problem that faces now is, illness often long-standing, patient age is older and older, parental age is older and older also, guardian already lost superintendency ability slowly actually.
"This kind of circumstance, the person that there are a large number of special mental sanitation in addition to one's regular jobs outside the condition is participated in among them, but the company project of domain of sanitation of our country spirit is very little now. So, when the family guards ability to be not worth to the patient, live in community mental patient is superintended by who, superintended flow should be what kind of, active mental sanitation standard did not make clear a regulation. Active mental sanitation standard did not make clear a regulation..
Yao Guizhong says, because guardian is superintended feebly, give existing patient easily also to run from now on to those ground, and be in those ground, this patient is absent again book, bring about know the patient has come far from, appear thereby circumstance of cause trouble cause an accident.
Mental sanitation standard and criminal law join not close together still
"Mental sanitation code is decided, mental obstacle patient offends of criminal law, according to the formulary processing of concerned law. But, criminal law and criminal procedural law do not have the place of patients of pair of obstacle of the spirit that touch punishment to encounter a problem to give sex of reveal all the details to solve.
Liu Baiju tells the researcher of academy of strategy of development of society of the Chinese Academy of Social Sciences that pursues mental sanitation standard and criminal law research the reporter, of mental sanitation standard and criminal law join not close together, brought executive difficult problem to real work.
He says, according to criminal procedural law, obstacle patient is in spirit to allot the unripe behavior that touch punishment without condition of criminal responsibility ability, if do not belong to the rough stuff that compromise public safety or endangers citizen person security badly, however the other action that touch punishment, although these behavior also have more serious harm sex, and they have the possibility that continues to carry out similar action, also cannot practice criminal sex to its compulsive medical treatment.
So, ought to bear criminal responsibility like where buy does not applicable also compulsive iatrical hit patient of punishment spirit obstacle? Liu Baiju introduces, the regulation of criminal law is, ought to instruct its family member or guardian to father add guard and medical treatment. But whether do guard and medical treatment include to be not send examine and hospitalization of one's own accord, procedural law of criminal law, criminal and mental sanitation standard all do not have relevant provision.
"Such, in scope of mental sanitation standard, formed have not touch punishment and the mental obstacle patient of the only possibility that touch punishment is carried out to be not freewill be in hospital, the mental obstacle patient that just endangers consequence via touching punishment to be caused was not carried out to be not the unbalance situation of freewill be in hospital.
Liu Baiju suggests to increase a provision in mental sanitation standard: Not applicable also to bearing criminal responsibility compulsive medical treatment, but by the judiciary or public security mechanism charges a family member or guardian is stern add guard and iatrical to hit patient of punishment spirit obstacle, family member or guardian ought to send his toward medical establishment, undertake hospitalization necessity is evaluated; Evaluate a result to make clear accord with those who be not freewill hospitalization condition, ought to carry out hospitalization;
Family member or guardian refus do not agree to send the patient toward medical establishment and formalities of conduction be in hospital and without the family member or of guardian, by the patient place unit or public security mechanism send the patient toward medical establishment, patient place unit, village appoint meeting or house appoint can deal with formalities of be in hospital; Patient or its guardian disagree as a result to needing the assessment of hospitalization, do not agree with hospitalization, can ask to be evaluated again with appraisal.
Liu Baiju offerred patient of obstacle of spirit of a prevention and cure to produce the main train of thought that endangers behavior: To average mental obstacle patient, according to sanitation of civil code general principles, spirit the law executes freewill cure and custody;
Right cannot freewill hospitalization but produce action of harm others security to perhaps have a harm the mental obstacle patient with others dangerous security, according to mental sanitation the law is executed be not freewill hospitalization; Public to carrying out rough stuff, harm safety endangers the mental obstacle patient of citizen person safety badly perhaps, execute compulsive medical treatment according to procedural law of criminal law, criminal.
Development company project, build cure a patient to exit a mechanism
The company industry group that Yao Guizhong suggests to develop mental sanitation field energetically, "The patient's satisfaction is spent rose, the risk that jeopardizes a society also can be reduced. The risk that jeopardizes a society also can be reduced..
The mental sanitation medical establishment that Yao Zhonggui earlies childhood to be had to our country too centralized phenomenon. "A lot of patients take medicine and this to concern without regular ground, because the patient also has trouble, leave home for instance too far, do not hang on date. And foreign trend is a large hospital break up the whole into parts. " he suggests, propose small medical establishment more, omnibus hospital should build small mental division, after cloth dot became much, can convenient patient sees a doctor, raise remedial rate.
Look in Sun Dongdong, reduce cause an accident of mental person cause trouble, should publicize energetically popularize mental sanitation knowledge. "The mental sanitation knowledge of common people shorts generally, do not have a mental disease to regard as more very much ill, thinking is thought problem only. Actually, mental disease follows have loose bowels, coronary heart disease same, must take medicine, give or take an injection, this be in hospital wants be in hospital. This be in hospital wants be in hospital..
Additional, press should pay attention to scientific sex, "For instance a few media before this so called ' by mental disease ' report, be worth deliberate. ' by mental disease ' cannot say, but extremely individual phenomenon, the circumstance of cause an accident of mental person cause trouble is more. The circumstance of cause an accident of mental person cause trouble is more..
Mental sanitation code is decided, service of sanitation of the State Council should build mental sanitation to monitor a network, execute serious spirit obstacle to come on report system. Sun Dongdong thinks, this stipulates to be on guard cause an accident of mental person cause trouble had positive effect, but after some patients are cured, be away on official business hotel public security searchs, also encounter by air " troublesome " , after the proposal builds a patient to cure " exit " mechanism.
Liu Baiju also thinks, mental sanitation standard gifts the right of guardian is too old. The guardian on mental sanitation standard, when its guard the person that see a doctor oneself to be diagnosed to suffer from serious spirit obstacle, begin, and the termination to custody, mental sanitation standard does not have a regulation. Accordingly, once a person is diagnosed to suffer from serious spirit obstacle, be immersed in possibly lifelong cannot pick off " patient " cap and cast off " guardian " the canal accuses " hopeless situation " .
To change this one condition, he suggests mental sanitation standard consults civil code general principles, build make once was diagnosed to suffer from serious spirit obstacle and the mechanism of right be returninged to normal by the person that limitative right, inflict guards.
Origin | Yang Cheng is sent
Editor-in-charge | Lu Yongcheng
Trainee | Liang Minting
