残障权利多学科研究12-中国精神病收治制度法律分析报告20101028.docVIP

Psychiatry and Society Watch Equity and Justice Initiative Abstract Statistics released by the Chinese Center for Disease Control and Prevention in 2009 showed that mental illness in China affects a population of over 100 million, of whom 16 million are severely ill. Meanwhile, major flaws in the Chinese involuntary commitment system remain unaddressed. These weaknesses not only endanger the public, but expose every citizen to the threat of arbitrary commitment. The public expects the future Chinese Mental Health Law to address the current disorder by instituting consistent standards and procedures for civil commitment. The psychiatric community, however, have continued to emphasize its lack of resources. As a result, involuntary commitment has followed only a slow path to rule of law. This Report is based on a three-year study of more than 100 cases of involuntary commitment, 30 relevant laws and regulations, and over 300 news reports. These cases have drawn us a picture of the commitment of those who should not be committed, and the neglect of those who should; and the threat to the public caused by this misplacement of resources. This Report argues that the Chinese system of involuntary commitment has eight major flaws, founded on three false psychiatric assumptions. It analyzes the ongoing drafting and development of the Chinese Mental Health Law and puts forth five recommendations, centered on the development of effective mechanisms through which patients can dispute their commitment, and the right to legal counsel for the mentally ill. The Status Quo: the Public Faces a Double Threat This report undertakes an examination of numerous news reports and cases – the Liu Yalin child killings, the Chen Jianan case, the Jiangsu Zhu Jinhong case, the Guangzhou He Jinrong case, the Shenzhen Zou Yijun case, and others – and finds the Chinese psychiatric commitment system to be in total disorder. On one hand, due to a lack of adequate resources for their care,