a serious violation of their rights and freedom of the body

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Being home to rest, but was forced bundling psychiatric staff, want to the hospital, the District of Jinan City,http://forum.dilingdang.com/forum.php?mod=viewthread&tid=720101, "is mentally ill," who do this this home mental hospital and his wife to court. Jinan City District People's Court "in violation of civil liberty" grounds, ruling the plaintiff compensation law psychiatric mental solatium 5000 yuan. This is in effect the country's first citizen to be treated as a mental illness caused by litigation judgment.
Cases playback
His wife was hospitalized after being bundled handle
March 9, 2010, Li (pseudonym) wife Lvxiu Fang (a pseudonym) to Jinan, a psychiatric hospital called her husband, and her husband for the inpatient admission, to pay 3,piumini woolrich prezzi,000 yuan hospital deposit. The next day, a mental hospital four staff members to take a taxi to the Li family, wishing it taken to hospital for treatment. Because Lee refused to go, and tried to resist, psychiatric hospital staff took a restraint strap tied with the way it is forced out of their homes, taken to hospitals wishing to insert it into the taxi,http://www.tricolore.net/cgi-bin/personal/italians.cgi, in the process, Li strongly revolt,piumini woolrich prezzi, led some people watching. After Lvxiu Fang called the police after the police arrived at the scene, psychiatric staff untied bundles bound with Li.
Anger and prosecution
Psychiatric claims to 50,000 yuan
Since then, Li and his wife, this home mental hospital to court, considered a mental hospital in the absence of any evidence,piumini woolrich prezzi, did not take any medical diagnosis, the resort to violence will be sent to mental hospital treatment own behavior, to their psychological on, causing great mental trauma, mental hospital requesting an order compensation for mental damages of $ 50,000.
Court
Forcibly admitted to the Department of tort
The court held that the non-statutory procedures, any unit or individual shall deprive someone of liberty, even mental illness or suspected mental patient, as well. The mentally ill or suspected mental patients admitted to the hospital forcibly deprived of their liberty therapy is a behavior. There is no legal provision of psychiatric hospital patients or suspected mental powers to force the mentally ill in hospital revenue. Therefore, this psychiatric inpatient admission alone handled Lvxiu Fang, the unauthorized acts of violence sent bundling approach taken to the hospital's human behavior, a serious violation of their rights and freedom of the body, is the infringement.
Li's Court psychiatric mental damages solatium 5000 yuan. Currently,http://www.qqyaoqing.com/forum.php?mod=viewthread&tid=28891, this decision has taken effect.
Judge recommends
Specialized agencies set up screening of patients admitted
"From a national perspective,piumini woolrich prezzi, the situation forced psychiatric patients should be admitted to a few." The case of the trial judge said, however, in accordance with the law, only the public security organs have the right to restrict personal freedom. If forcibly admitted to psychiatric patients are free, then each of us may face "is mentally ill," the danger. From the court is concerned, can not allow this danger exists.
So for the real mental illness or suspected mental illness, how should it treated? The trial judge held that China should pay close attention to promoting the "Mental Health Act," the introduction and establishment of specialized agencies suspected mental patient screening,piumini woolrich prezzi, inspection, the agency should be independent of the third-party psychiatric hospital,piumini woolrich prezzi, through legislation, giving its authority or public security organ admitted psychiatric patients. According to Xinhua News Agency
"This is not admitted admitted, should not be treated were admitted."
October 10 is the sixteenth World Mental Health Day, non-profit organization "mental illness and social observation" and Shenzhen equitable agency released the same day, "Chinese psychiatric institution admitted legal analysis", said: "Our current system of psychiatric admitted there is a huge defects, mental illness treated very confusing situation. This is not only a threat to public safety, but also makes everyone faces 'is treated' risk. "
The report notes that, on the one hand, many of the patients should be admitted because of inability to pay for medical expenses, lack of treatment, or the family of long-term imprisonment,piumini woolrich prezzi, or on the streets, becoming scattered in society "time bomb" threat to public safety, while freedom and even the lives of these patients themselves also often been violated. On the other hand, a large number of disease-free or treated without forcing people to be with people who have a conflict of interest sent to a mental hospital, to withstand the loss of personal freedom should not be forced to accept the pain caused by their treatment.
Reported that this "is not admitted to the treated and should not be treated admitted" the situation had led to a waste of scarce medical resources, but also to the parties to bring great pain and injury, intensify social conflict, leading to social disharmony.
According to "China Youth Daily"
They also have a similar experience
● October 21, 2006,piumini woolrich prezzi, the Guangdong Women's Zou Yi are due to family disputes, family members were tied up, forced into a mental hospital after sedated,piumini woolrich prezzi, under the pretext of being forced psychiatric treatment three months after discharge, she become a nun, and Guangzhou Baiyun Mental Hospital, Zhongshan Hospital and lake ports his family sued the Guangzhou Baiyun District Court.
● 2005  4 11 morning,  with a hospital because of medication issues quarrel, which doctors call the First Affiliated Hospital of Jinan University,piumini woolrich prezzi, said  mentally ill, the First Affiliated Hospital of Jinan University in Zhang's family did not notice Under the circumstances, send an ambulance Zhang forcibly pulled its hospitals, psychiatric treatment more than a month. Hospital admission and no signature Zhang's family. July 16 the same year, Zhang was the First Affiliated Hospital of Jinan University,http://gamsa.net/guestbook/index.php?item/create_form/1, forced from their homes and got me a second hospitalized nearly two months.
In 2006, the Guangzhou Tianhe Court ruling that voluntary civil activities should follow the principle of equity,http://cgi.sky.geocities.jp/yutariok/diary.cgi,piumini woolrich prezzi, decree hospital Zhangyue Ying refund all medical expenses and 10,piumini woolrich prezzi,000 yuan compensation for mental damages, lost income 5849 yuan.
How to avoid bad purpose to hospital,http://web.thu.edu.tw/kudo/www/bbs/yybbs/yyregi.cgi?
In recent years, controversy alone psychiatric relatives stated "illness" treated "patients" mental patient treatment delivery, diagnosis, identification of problems caused endless.
1. Identification of time-consuming and expensive to spend
National School of Administration Law Professor Yang Xiaojun said, according to the provisions of the Civil Code, the relatives of the mentally ill in sending required hospitalization before application to the court for a declaration by the court. After the announcement by the court to declare that only the relevant qualifications guardian spirit with relatives before the patient, the patient admitted to a mental hospital for treatment.
However,http://www.kshjw.cn/bbs/forum.php?mod=viewthread&tid=239012&fromuid=29250, this provision was not strictly enforced in reality. According to the court to declare that for patients suspected of Forensic Psychiatry, and related psychiatric needs identified 3-6 months,http://www.npna.org/cgi-bin/xmlboardsolo.cgi, the court also announced three months. Speaking from psychiatric pathology, which may significantly delay the timing of treatment of mental patients, but, ranging from 3000 yuan to more than a million in the cost of Forensic Psychiatry is also daunting.
2. Most are sent directly to hospital
The reality is that most of the suspected mental patient is directly sent to the rule. But for the purpose of delivery of which harbor bad governance, is not able to effectively circumvent existing laws.
3. The absence of mental health legislation
Experts believe that the controversy related psychiatric problems, the root cause lies in the "Mental Health Act" absence.
According to "Information Times"