Health newspaper: Really absorb the public opinion " law of mental hygiene " and could avoid the shortcoming

Health newspaper: Really absorb the public opinion " law of mental hygiene " and could avoid the shortcoming
Wu ShaoAn ( Media people) Because of lacking legal norm, the ones that expose repeatedly in recent years are " psychosis " Cause societies to generally pay close attention to with accepting the question for medical treatment by force. On the 9th, Legal System Office Of The State Council announces <>Full story, solicit the opinion publicly. (" city bulletin " of June 12) Though, the basic goal that the mental hygiene legislates, in order to fully ensure human rights, the public will end the messy alike issue that expected of psychosis in " law of mental hygiene ", totally accord with the basic goal of ensuring human rights, but the such one expects strong compassion feeling color. Generally speaking, name of a law limits the adjustment target of this law, for example, it is civil that the adjustment target of " civil law " is, the adjustment target of " criminal law " is criminal, the adjustment target of " marriage law " is a marriage, however, " law of mental hygiene " should protect the mental patient's rights and interests, and also it is not a mental patient's right to protect, the one that is bearing the weight of is seeming to be the unprecedented heaviness. The law is to echo reality, the more reality can't bear needing the law to be regarded as actively, the law should be declared publicly not to be messy like forcing the posture that swears not to stop into cage of the order. I think, <>One great for light spot,but " mental patient " Open the relief passway, offer the abundant objection procedure to party and his guardian, still set up the error-correcting mechanism after admitted to hospitalling. However, my individual appreciates that does not mean it is messy and alike that such legislation can solve reality perfectly, it may not be a good law even if the legislative expert thinks well. Just because any experience can't be bragged about the ultimate truth easily, even person having great learning may be that the blind man feels an elephant-take a part for the whole, everybody feels like finding out the true features of the elephant together. In addition, it is the citizen's right to participate in public decision, ignore the public opinion and encroach on the behavior of citizen's right with any reason. What the law should reflect is public will, if the legislative course overweights the opinion of one colony, may become the interests demand of this colony, will become the legal weapon that a certain colony deprive public interests, such a law can only be called evil law. This is not sensationalism, theorists point out, all parts have issued many regulations of parts of local mental hygiene, but led by Ministry of Health draft, expert panel members are the doctor mostly, the psychosis expert nearly monopolizes the main resources that the mental hygiene legislates, lead to the fact directly the doctor and responsibility of the medical organization are contracted by the limit but power is enlarged. Must solicit the public opinion in public decision, this has already been general knowledge well known. But the realistic predicament lies in, Dongguan of Guangdong wants to rise prices nobody enters for the hearing, the reason is that a public suggestion is not essential, unit treated decision coldly the public opinion had already become convention. So, the Individual Income Tax is adjusted and solicited to the news that the 230,000 pieces of will of the people achive the top of history while seeing all newspapers, what public opinions generally queried is whether the will of the people of the top of history could be fully absorbed. Under such linguistic context, if does not improve the system design of soliciting will of the people link, the mental hygiene is difficult to avoid the shortcoming to legislate. The legislative unit must enumerate the public opinion out putting into different categories, show together with adopting together with reason denied commonly. If the public has opinions, can also refute, then, unit scrutinizes and adopts and provides a sufficient reason decision again. In order to prevent the decision unit from missing opinion kind while combing the will of the people, can also set up the special webpage and solicit the opinion, let the public go on the page to express an opinion with the card. By the way, the public opinion will not involve the state secret, but never seen and announced. Only guarantee on system design the will of the people will not be ignored by the decision unit, the links of collecting the public opinion will not become and go through the motions. I wish to bear the weight of and protect the mental patient and mental hygiene that is not mental patient's double important task and legislate, can revere the will of the people and establish the model for public decision.

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