Five are " the spiritual patient " Write to the National People's Congress Appeal for the law to increase and entrust right independently

Five are " the spiritual patient " Write to the National People's Congress Appeal for the law to increase and entrust right independently
Five are " the spiritual patient " Jointly write to the National People's Congress Advise the people to tell the law, mental hygiene law increase " Trust right independently " The clause, provide judicial protection for unvoluntary in hospital patient Yesterday ( The 14th) ,Five once paid close attention to extensively " The spiritual patient " --Peng BaoQuan, Xu Wu, Chen GuoMing, doing liking, Zhou MingDe high, jointly writes to the national people's fundamental laws and principles working committee, propose soliciting the opinion publicly <>With <>Can revise and guard the system, increase and entrust the right clause independently. Recently, Commission of Legislative Affairs of National People's Congress announces <>With <>,Solicit the suggestion for revision to the society. Five are " the spiritual patient " In form that the citizen proposes, call upon " civil procedure " expert to pay close attention to the fact the incompetence in " law of mental hygiene " asserts procedure and grardianship question, propose increasing the right of the independent agent of the person who ensures spiritual disability, propose, the law of mental hygiene should be connected with the civil procedure, should provide judicial protection for unvoluntary in hospital patient at the same time. The recommendation letter thinks, have obvious loopholes, " guardian " to guard the system currently Encroach on " quilt guardian " The rights and interests happen occasionally. If Zou, woman of Shenzhen, should because family trust others send the insane asylum into by way of kidnapping by elder brother mother by conflict in 2006; And for example boss of Fujian gold shop Chen GuoMing, because the dispute of the family's property, sends to the insane asylum after being played magic potion by the wife. In order to make " law of mental hygiene " and regulation in this field of " civil procedure " can be connected, five people propose, here <>China, should increase " regulation of the independent agents of personnel of unvoluntary hospital treatment " ,Confirm personnel have the right relevant affairs such as independent agent's agency lawsuit, judicial expertise,etc. unvoluntarily in hospital. Yesterday, this one was by autographed recommendation letters of five people, from the city of Hubei, Fujian, Shanghai and five persons of the Inner Mongol separately, in the form of Express Mail Service, mail to National People's Congress. Expert statement propose, help person of psychonosema protected the intersection of right and the people tell BangQing Sun, Dr. of law, support whom five citizen put forward revise the people, tell suggestion of law, he thinks if the legislature can adopt, has important meaning to ensuring the human rights of the patient with phychological problems. BangQing Sun analyze, claim current the people tell law stipulate, have people, capacity of lawsuit, it takes the place of by guardian of him as the legal representative to be a lawsuit. Apply to assert citizens do not have civil capacity or civil capacity of restriction, put forward to one storey of courts of this citizen's residence foundation by its close relative or other interested parties. If normal people are sent into the insane asylum and treated by force, close relative that and that gave to him and entered the insane asylum is him, then it is relieved that it is very difficult for party to obtain administration of justice. He thinks he can draw lessons from the people of Macao and tell the law to the lawsuit question regulation without capacity people of lawsuit, there are not lawsuit ability actor if and guardian that have conflict of interests, can entrust the agent. In addition, should also make the corresponding modification to assert the regulation which does not have civil capacity people or civil capacity of restriction in applying for the court, should allow the patient with phychological problems to apply for the court and assert that there is not civil capacity or restriction capacity, because it is unable to accomplish in fact that the patient lives in hospital, he can only trust the agent to apply, so can offer through the judicial process " The mental patient " For the relief by the right to encroach on. The letter is extracted The difficulty legislating lies in considering the factor that may be abused in an all-round way. But accept " Unvoluntary hospital treatment " Experience,we can understand deeply after admitted to hospital,acting as people watching, unable sense that everything can only stoop to compromise. We can imagine this kind of situation: As grardianship is abused, the hospital lacks the examination ability to the interests conflict again, or ignore the interests conflict obviously existing, we these " persons of unvoluntary hospital treatment " consciously or unconsciously ,The autonomy is deprived, the interests are not wanted to be representatives, place oneself in the midst of the totally helpless condition. When being stranded in the hospital, the person that we can trust oneself to believe in, as the agent, the hospital accepts this kind of clientage, the school has an opportunity to listen to we, the statement of the agent whom or we entrusted by oneself, the tragedy taking place on us, can minimize the intensity. Once went through unvoluntary hospital treatment as one group " Patient " ,No matter we represent normal people, or once suspected mental patient, or a mental patient, we only hope when the right is limited, the law can guarantee we choose person believed in by oneself as one's own representatives' right as a citizen, leave the route to save oneself for us. Yesterday such as dialogue, staff reporter talk the intersection of promoter and the intersection of treasure and spring Peng of recommendation letter. To the purpose of posting a letter, Peng BaoQuan says, but hope to use one's own personal experience and feeling to propose some practical suggestions. " in order that more people are no longer careless ' representatives ' " Public service organizes and guides and writes The Beijing News of recommendation letter: Why write this is feudal to discuss the letter? Peng BaoQuan: Because accepting for medical treatment by force, can experience we if you can't shout, answer, call everyday on insane asylum ineffective situations desperate. From the network, we know " the people tell the law " and " law of mental hygiene " is being repaired (making) Soliciting the opinion publicly before ordering, we hoped to use one's own personal experience and feeling to propose some practical suggestions. The Beijing News: You come from different places, how to relate to together? Peng BaoQuan: We are having " Psychosis" Behind going through, turn towards once by public interest organization - -The flat organization of Shenzhen weighing apparatus has sought and got the help of the law, so there are connections. Write a letter this time, it is we that have stated one's own opinion too, have got guidance and arrangement help of the flat organization of weighing apparatus. Have been afraid of retaliating against The Beijing News while writing a letter: You are all sent into the insane asylum by force by one's own guardian, unit or local government related departments, capitalize the recommendation letter to national people now, not afraid of being retaliated against? Peng BaoQuan: To tell the truth, afraid, but send this letter, not only for oneself, also for the society, only the good law, could ensure our right. Five ideas that is all the same of ours, no longer meet carelessly only for more people " Representatives " . The Beijing News: How do you write out the such specialized legal recommendation? Peng BaoQuan: It is that section " Psychosis" Go through and force coming out, when being admitted to hospital by force, all of us know it is incorrect, it is angry to be full of, but does not know where they are wrong on earth. After recapturing freedom, we pass the help of media and public interest organization through the network, just know Where is the fault? What loopholes do current laws and regulations have? How to go to ensure one's own rights and interests? " psychosis " Have not been apologized The Beijing News: You think the suggestion that you put forward, have feasibility? Peng BaoQuan: Any law, consider most people's situation, what we considered is still" psychosis " State. Accepted for medical treatment by force by the spiritual patient after the insane asylum, considering as has no person with behavioral lawsuit, speaking has no people to believe. But if the law has the agent's rights for them, they have right of words. In addition, the present draft of " law of mental hygiene " is entrusted too and admitted to hospital patient's communication right, right of receiving a visitor unvoluntarily, and the right to apply for subsequent visit, we think this means person that we may trust oneself to believe in, help various affairs during in hospital by forcing of agent. The Beijing News: How is your individual's situation at present? " psychosis " And then, has it been compensated that the relevant organization has apologized with you? Peng BaoQuan: Till now all the time, no organization or anyone communicates with me voluntarily on this, this year, has already lost a lawsuit in my administrative litigation to local public security department, I, to accepting the civil action of my insane asylum for medical treatment by force at that time, open a court session since February of this year, open a court session again in August, has not adjudicated either so far. (the intersection of reporter and Wei engrave speech Yang HuaYun)

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