It has it messy and alike psychosis at the same time that the mental patient of our country succours insufficiently
The intersection of Zhejiang and the intersection of Lanxi and the intersection of city and the intersection of plum and the intersection of river and the intersection of town and Song residence village, because there is no money to cure, " military lunatic " Song HongWen is closed for 9 years in the iron cage by family. He takes the photograph for materials picture / Tao Yu Staff reporter's money Hao's flat Beijing report Normal people are sent into the insane asylum because of social dispute and even family's contradiction, " psychosis " It is safe to threaten individuals, pay close attention to the focus as the society too. " psychosis " Why be able to happen? On the other hand, the data reveal, 70% of the severe mental patients in our country can not be treated. They become the heavy burden of the family, some even threaten the security of family, society and oneself. The expert thinks, design storing the defect, does not have legislative norm of mental hygiene in local regulations and current laws, the long-term fund input is insufficient,etc., psychosis accepts the reason why the haphazard office exists for medical treatment. On May 12, the legal east court of institute city of Nanjing city six, try Yang's homicide. The victim is Yang's aunt. The thing happened on July 17 last year. Yang told police later, he watched the TV programme " non- sincere to disturb " at that night, looked hot and dry all over, think the beauties are all enticing him. Have a little 'Gone with the Wind' ,He does not think mother is mother, then go to see an outcome. Noisy, mother is frightened outside and run, he picks up the kitchen knife and chases. Chase to the gate of uncle's home of the hall, see the aunt, he thinks the aunt is the 20 -year-old woman, feel strange: "Is it spirit or those 24 beauties on earth? " Hit then and cut, cause the intersection of aunt and death. After the accident happened, the judicial expertise of psychosis reveals, Yang belongs to transient psychonosema, have no ability of criminal liability while committing a crime. This case has not been pronounced yet. The investigation finds, father Yang suffers from schizophrenia too. Because family's poverty, the father and son did not cure. According to the report about April of 2010 of media, nearly 70% of the mental patients can not be treated in China. They or guarding by family, or tramp the streets, some also endanger oneself and public security. May, what killed the aunt case to take shape and compared with Yang with is, Wuhan " Xu Wu incident " Performing, " psychosis " Become the focus of the public opinion. And some person who appeal for help claim strong to hand over thing of the insane asylum, happen occasionally too. "The ones that should be treated can not be entered, but the ones that shouldn't be entered are accepted for medical treatment by force. " Chinese Academy of Social Sciences researcher, pale colt Liu, legislative researcher of mental hygiene, think, there is this messy a alike important reason, legislate to lag behind and have defects with the relevant law. The society succours and is fewer than the mental patient therapeutic a reality, the family guards responsibility overweightly, the society succours seriously and insufficiently in the past year, the several cases that the mental patient kill have taken place at home. Also a lot of mental patients happen and is killed the incident, the ones that reported exceeded 10 publicly, " murderer " Mostly their relatives. Will it be July 3 last year, Jilin the intersection of pear tree and the intersection of county and peasant little great wave kill wife Liu Ying to suffer from psychosis in vain. XiaoTao Bai claim Ying Liu see the doctor, spend enormous but have, take a favorable turn during the last ten years, disease can take knife, cut down people take place, still lift the son many times and want to fall to death. Last will it be the beginning July, Ying Liu scratch pale low great wave again, chop very much goose with kitchen knife, frighten daughter dare, go home. XiaoTao Bai claim will it be will it be at midnight July 3 last year, Ying Liu get up, cook clothes, he cruel from following to strangle her with the rope. " if they are admitted to hospital early Treat, perhaps can avoid tragic emergence. " Huang XueTao, lawyer of Beijing Horizon Law Office Shenzhen Branch, through analyzing about more than 100 cases and more than 300 news reports, the generality of summing up these patients is: The family guards responsibility overweightly, the society succours seriously and insufficiently. Psychosis treats cycle long, apt to recur, some will take medicine all one's life, the burden to that a lot of families are heavy. Data that China announce will it be the beginning 2009 by Center for Disease Prevention and Control reveal the intersection of our country and mental patient all kinds of in 100 million the above-mentioned people, among them the heavy mental patient exceeds 16 million, 70% can not be treated. 16383 national registered doctors of psychiatric department that Ministry of Public Health announced, average every 100,000 people has 1.26, the global average figure is 3.96. According to WHO's data, the morbidity of China's psychosis accounts for 20% of all disease morbidity total number, it is twice that of average morbidity in the world. That formed and is compared with is that there is too little fund input with high morbidity, low treating rate. It is reported, prevent and cure the complete country of system in the mental hygiene, the mental hygiene puts one's back into and accounts for the hygiene to always put into about 20% proportions, our country is 1%. In the intersection of economy and developed Guangdong, should save chief of mental hygiene research institute good fortune Jia army say when being interviewed by media in 2009, there is mental patient 15 million in Guangdong, 1,500,000 among them is in weight, the person of hospital treatment only accounts for 20%-30%. Through calculating, the problem that Guangdong should solve the mental patient to see the doctor, need to put into 3 billion within three and five years, but have 15 million only to put into every year. An important reason why the long-term relevant law that there are no laws to abide by has difficult labour, it is difficult to stipulate responsibility and efforts in succouring of the country, government Yellow snow great wave thinks, that afford is not merely a hospitalization cost home-making, a lot of families lack essential doctors and nurses' knowledge, also have sufficient time. It is reported Jiangsu Zhu of Taizhou spend eight nine treatment Wan there is no result behind the ill tiger, family afford expenses treated to continue, and the tiger " military lunatic " ,Will stir up trouble and hurt one's feeling, the wife then will lock him in the iron cage. Liu is white the colt thinks, to the succour of the patient with phychological problems, needs the family, society, government to make joint efforts. Education,science,culture and health committee's committee member, horsepower of adviser of the State Council of National People's Congress, say, 3/4 of the countries have already had mental hygiene that has legislated in the world when being interviewed by this newspaper, African some less developed countries 59% have already legislated too. Our country started the relevant legistration work since 1985, horsepower is participated in surveying and studying many times. But because of various reasons, the mental hygiene legislates to make little progress. By 2000, Ministry of Public Health, Ministry of Civil Affairs, national Association for the Handicapped, the All-China Women's Federation put forward and discuss this law draft again. In 2007, the education,science,culture and health population, hygiene sports chief of the office Song Sen of committee, of National People's Congress sends the documents and appeals for accelerating the legislative process. He enumerates in the article, during the tenth National People's Congress, there were 258 in 2004, there were 131 in 2005, there were 104 in 2006, there are 219 deputies to the National People's Congress in 2007, have proposed the proposal on legislating in mental hygiene. In the field of medical and health, are second only to the hygiene law of the food security with the quantity of the relevant proposal of the mental hygiene. By 2009, the law draft of the mental hygiene was issued at last, stood side by side into the legislation programming of the Standing Committee of the National People's Congress that year. The public opinion has been expected " Pass within the year " . Two years of nowadays Has crossed, there is not a sign passed. White colt Liu say the intersection of mental hygiene and the intersection of law and 26 years an important reason of the difficult labour according to legislative course, it is difficult to stipulate responsibility and efforts in succouring the patient with phychological problems of the country, government. He introduces, it is early because the national power is insufficient, this question is outstanding, but with economic development, this question has not already been a very great difficult problem. Mental hygiene the intersection of law and the third draft define the government prevent and cure the responsibility for in the mental hygiene, especially the clear succour of the patient with phychological problems of financial difficulties, " this is a very great progress " . " already murderer " Accept for medical treatment defect " if necessary " government Force medical treatment, but the law explains nothing is " essential time " Expert think as to to accept for medical treatment mental patient, the system design in the current law is defective too. Guangdong the intersection of Huazhou and the intersection of city and gentle floor inferior forest Liu of town a schizophrenia patient, already three people lives have lost their hands so far. Before 2009, he successively murdered and cut the corps in pieces two old men in the native place, after police arrested him, because its schizophrenia is released again. The law of mental hygiene is mainly norm treatment and succour of the patient with phychological problems, prevent the mental patient from causing danger to the society through the due course of law at the same time, understand popularly that is for " The mental patient not committing crime yet " . As Liu YaLin does already offend against criminal law but " The psychosis crime people not bearing criminal responsibility " ,How to guard and treat? Criminal law stipulates: "Should order relative or guardian subjecting to strict surveillance and medical treatment, if necessary, the government forces medical treatment " . Liu is white the colt thinks this kind of system design has congenital defect. The government is only " If necessary " Force medical treatment, it is " essential time " and the relevant law explains nothing ,Carry out the result and differ greatly in practice. This kind of mental patient's general condition is more serious, it is managed that relatives or guardians are very ugly. And is limited to energy and financial resources, it is difficult for relatives or guardians to bear the responsible for guarding medical treatment in hospital for a long time. In addition, the law has not stipulated clearly either relatives or guardians do not fulfil obligations, should undertake some responsibility. It is reported, Liu YaLin has no spouse, children, father's mother 88 years old is 79 years old. After first murder of his, police transfer him to 53 -year-old elder brother and guard. The elder brother will leave him behind in Haikou in 2009. On September 6 in the same year, Liu YaLin murders and cuts a 8 -year-old girl to pieces in Haikou. This time, government implement, force medical treatment to it still, Haikou police transfer inferior forest Liu to their brothers, demand to write down the warranty to subject to strict surveillance. The colt thinks to having killing, injury, setting fire, raping,etc. to endanger the behavioral mental patient seriously that Liu is white, should the government forces medical treatment without exception, but not the " essential time " that talk ambiguously . He proposes criminal law revises this correspondingly. " unvoluntary " Abused Because " unvoluntary hospital treatment " Abused, frequently take place " psychosis " in recent years Incident scarce for mental hygiene law,hospital treatments unvoluntary there are no laws to abide by, it is difficult to avoid " Psychosis" Situation take place. Liu is white the colt says, the psychonosema treatment should follow the voluntary principle. Certainly it is not absolute, in special cases, can implement unvoluntary hospital treatment, this is a common attitude of laws of mental hygiene of various countries. But must go on in accordance with the law. The law of mental hygiene should stipulate clearly the standard, procedure, social supervision, administration of justice relieve. In recent years, a lot of personages send out the same appeal in law circles and the society. According to the legislative law of our country, to the item limiting the compulsory measure of the freedom of person, can only be legislated with Standing Committee of the National People's Congress by the National People's Congress. But the spiritual medical circle of our country has another view, think some mental patients, have already lost cognitive ability, refuse to may affect to allow me adversely and treat in hospital. Implement them " Unvoluntary hospital treatment " ,It is a medical question. The colt says that Liu is white, " unvoluntary hospital treatment " that our country exists actually at present Lack legislative authority. But the speech of the whole country, the main basis is an attachment" the mental patient is admitted to hospital and accept indication for medical treatment " of " notice on strengthening to management of insane asylum " that Ministry of Public Health sent out on November 23, 2001. Indication this enumerate five, among them second " refuse, receive treatment and outpatient service getting difficult. " Liu is white the colt thinks this is ridiculous, if a normal person is sent to hospital treatment by force, he certainly wants to refuse. Lawyer Huang XueTao says, ones that frequently presents in recent years are " psychosis " The case, the capital because " unvoluntary hospital treatment " Have been abused. Some mental patients who the insane asylum often says have no capacity, can't decide whether it is a view of hospital treatment or not independently, yellow snow great wave points out, our country has legislated to already stipulate the due course of law for the judgement of capacity actually. The civil procedure stipulates: Assert the case of mental patient's incompetence or restriction capacity, must be put forward the written application by the mental patient's close relative or other interested parties, decide from behind the court, through trying. But in the accepting for medical treatment of mental patient, the law that the doctor of psychiatric department oversteps the authority, it determines a person's subject with incompetence to become. Not only, the law of mental hygiene is difficult to issue slowly because of such dispute. The horsepower of education,science,culture and health committee's committee member of National People's Congress has participated in legislative reasearch project of law of mental hygiene, say, this has interdepartmental coordination, there is a game among every interest group too when being interviewed by this newspaper. The reporter learnt from the relevant route, the third draft had already begun to solicit the opinion last December. On March 10 this year, Wu Bangguo mentions in the work report of the Standing Committee of the National People's Congress the law of mental hygiene has already been listed in the legislative plan of this year. (staff reporter contributes sophisticatedly bravely) Dialogue mental hygiene law expected to establish administration of justice, relieve expert, claim, give, cure people or guardian, if has objections on forcing the hospital treatment, can bring a suit before court [talk with personages ] White colt Liu, member of the CPPCC National Committee, the intersection of Chinese Academy of Social Sciences and the intersection of scientific research and the intersection of office and researcher, legislative researcher of mental hygiene, have published " psychonosema and crime ", <
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