this reporter made a mental hospital by layers of iron blockade
summer afternoon, everyone wants to escape from the road, and there is a dreams to escape a gray house, even outside the hot breath of air.
this person Mingjiaolikang (a pseudonym), gray house, this building a mental hospital in the suburbs of Nanjing. In addition to two or three months, every time the last few days' leave hospital
the second half of last year, has been admitted to this psychiatric hospital, Lee Kang lost a little bit of patience - this is his fourth hospitalization. Leave the hospital and family issues in a number of communication failed, he took very surprised to family practice and psychiatric hospitals. Help to the lawyer, he expressed his wish: to discharge, to sue a mental hospital and their parents.
Kang Li was diagnosed with schizophrenia, but he has been sick since that is now completely well, although his parents and a mental hospital did not think so. Adult patients with and without a spiritual right to assert their freedom of action? In the custody of their parents under state whether the right to sue Lee Kang?
Lei received telephone counseling is a lawyer in Shenzhen Huang Xuetao far as the agent for a series of mental patients rights case, she was mentally ill people in the country's reputation. Huang Xuetao lawyer said Lee Kang problem resolved through litigation is uncertain. But the spirit of the patient's basic rights have been violated, but it is a very common phenomenon, but also a long-neglected issues by the public.
rights of mental patients through a series of actions, Huangxue Tao and colleagues are working to put this issue into public view.
parents: as the son of frequent use of mobile phones, the abolition of expression of his upper body flat. Wearing glasses, face, keep under short stubble, his eyes are not perceived as floating free.
In fact, this is the reporter and his first meeting, his ability to act according to circumstances somewhat beyond our expectations. He should have met with in three days, because when he has a
peers and reporters, is of Jiangsu Su Fa Ju Junjie law firm lawyers. Not long ago, Lee Kang-by phone and he had many contacts, the two have been about the interview time. But the call was a mental hospital,UGG Boots Sale, and Lee Kang's parents found - Results confiscated his cell phone was a mental hospital.
seated in a mental hospital doctor's office, the doctor again asked Li Kang:
Although the correct answers, and his answer has proved his guilty conscience. The mental hospital doctors have long learned from the mouth of his parents, Lee Kang-find lawyers for their
which is located in the outskirts of Nanjing, a psychiatric point, two-story house rented from the hands of local villagers, about two hundred square meters of yard safety there are some fitness equipment, because no one is hot, use reason slightly empty.
this building from the outside, the gray walls of the house, there is no difference with the surrounding residential areas, except the second floor of the high iron fence on the patio and the yard outside the two gates, and under normal circumstances the two iron gate was locked all day with.
across the yard, into the small building. The patient who first floor ward, a little dark on both sides of the aisle is the door open a few fans, some bare chested male patients or pacing in the aisles or sitting on the stairs. Watching strangers, they do not panic, look at you will slowly come from your side.
Lee Kang-three patients lived in the ward, the ward low-light, darkens, a ceiling fan in the roof leisurely turning. His bed, placed a radio. On the second floor there was a recreational therapy room, decorated with rows of chairs, stood in front of a television drama, a middle-aged male patient sitting watching.
here, they basically can not hear the patient speak. At medication time, they will open the doctor's office without leave of the door, waiting for the doctor's questioning: .
doctor's office, with each patient's name brand, Lee Kang-brand on the first row, says: : disease has been good to discharge, take the initiative to contact the lawyer
Kang Li graduated from a prestigious university, the profession is also very popular with the market, shortly after he successfully graduated into a well-paid of enterprises.
but years of work, Lee Kang-position is not so stable, constant changing of the guard, he eventually resign and stay home. Home soon, his own job to do a visa to go abroad. Family members do not agree with him, but eventually let him go, but he was abroad a few months without success.
time to 2006, the unemployed at home, Lee Kang suddenly felt someone knocking on the floor upstairs. Then know that Lee Kang-time from the beginning, there have been auditory hallucinations, and this symptom has continued to the present.
The initial four years ago that the pathogenesis, whenever they hear someone knocking, Lee Kang will hit 110, the police several times after door, to make recommendations to his parents, the best to the hospital with Lee Kang-check to see if they spirit of a problem.
and his parents also found at this time, Lee Kang-more and more wrong. To the hospital, the doctor gives the bubbles. He even took the iron regularly, ready to self-defense. The face of violent son, parents can quickly put him to an asylum, gradually stabilized, the son of parents feel that there is hope, gave his son for the discharge procedures. At this point, but the second time Lee Kang proposed to go abroad to find work, worried parents do not agree, he would go through the procedure alone, until the airport was to call my parents.
Kang conflict with people in foreign countries, and wounding, was indicted, the judge because he is not convicted mental patient, but limited his report regularly to the relevant institutions.
later, Lee Kang-advised return to the country by their parents. Home soon, he again admitted the disease.
four years, Kang Li and out of psychiatric hospitals several times, each time after treatment of stable job, looking over five or six times, but each job is aborted.
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outsiders Lei's parents suffer unimaginable pressure and pain, an old married couple every day through various channels the spirit of patient-related concerns and information, go to the library by a professional medical books to understand his son's disease status and treatment.
However, elderly care and thought, Lee Kang is difficult to understand. Stay in a mental hospital in the six months to live down, he increasingly felt the disease has been good,
Lee Kang told reporters that he had never considered the
Lee Kang convince his family to own a cell phone with a start continuously and the outside world. No one knows how the Lei do, he contacted Shenzhen in Guangdong, Huang Xuetao far lawyer, a mental illness in the country among the prestigious lawyers.
Lawyer: mental patients, and we enjoy the same rights of citizens
Huang Xuetao recently set up a law called the rights.
day before yesterday, the reporter interviewed several times by Huang Xuetao phone calls interrupted by mental patients, and these patients from across the country to find more of her requirements was
Reporters interview, Lee Kang-Kang Li's doctors believed the condition is not stable, it never fully recovered well, but she declined to Lei's condition, saying that it was only described to the family's privacy.
2007, the Huangxue Tao has represented the industry with a very sensational case, as a mental illness in Guangdong for the right to freedom of movement. In that case, Huang Xuetao psychiatric patient's family members and have pushed the court, the final court decision that mental patients were discharged.
This is also a number of reasons for the mentally ill find Huangxue Tao,UGG Boots Sale, and she sent in the case before the legal proceedings, the defendant and the future will be that the patient's family members to communicate a comprehensive understanding of the patient's condition, focusing on the patient whether there is need for discharge.
taken to hospital, However, it does not rule out the spirit of the patient's family in order to avoid risks, save trouble, and even to avoid the secular pressure to force the patient to hospital for treatment of the case.
general, Huang Xuetao will only the mentally ill as a party, rather than patients.
protection is not to deprive the rights of a mental patient, is the legislative intent and motivation of the law. risk linked to, for example, innocent people do not need to be liable for damage, which the people live in fear. In some networks and traditional media, can be seen from time to time to reflect internal mental patients and the community of potential risks, and calls for the compulsory admission and treatment.
mental patients, mental patients or even suspected, his freedom will not get the protection of the Constitution and relevant laws. line
government regulations as to bind, the most common is the prison violated the criminal law offenders, and mental patients only in the accident, Zhaohuo before it can be forced through the judicial process admitted to treatment, it is clear law.
is not a legal person. Such as meeting with reporters before the trip Lei, Lei I consent alone, he could not parlor, in general, with the approval of their families will agree to a mental hospital until after the release.
Because, even for Lee Kang-treatment, the use of mobile phones and communicate with the outside world and restore his interpersonal communication skills, use the cell phone can only be good.
and Lee Kang-family communication, the elderly will be very easy to feel the pain and helplessness, violation of their right to investigate how many children seem unreasonable. But this is precisely the focus of lawyers in practice, a factor to be considered: family motives, whether they need treatment in good faith, or to avoid the risk of a responsibility to give up.
even keeps the right to the supremacy of the lawyers will study them closely on this point, as far as possible to protect the spirit of the ethical relationship between the patient's family because the family of the patient's recovery and future have played the most critical role.
hospital: he was sick not good,UGG Boots Sale, because he concealed his thoughts
Huangxue Tao said that mental illness there are many hundreds of types, in the academic community has a very authoritative classification. Different diseases have different behavioral characteristics, simply because a person suffering from mental illness, it is deduced that he must be violent. Society can not because very few risks, put most of the people's rights away.
mainly the right to appeal, the right to discharge, while outsiders are more difficult to understand their feelings, knowing that if they went once, was sent to a mental hospital again the possibility of the biggest. the fear of a mental hospital, in addition to actions that are not free, and most important point is that the compulsory treatment. Dr. Li Kangdi told reporters, Lee Kang will regularly not medication, flip bit in your mouth, sure he will not Tibetan. But the hospitals have discovered, the hospital will take immediate measures, confirm informed consent. One very important provision is set out in some way the use of violence, and family members can check these items, such as electric shock or a bundle, and the family agrees, the hospital can use these methods to treat patients who do not obey the doctor free responsibility.
more cases, more patients think they have good resistance to disease, the more doctors will be seen as the incidence of disease is not a good performance in the two extreme confrontation, mental hospital patients The fear is not surprising.
and the reporter, Lee Kang Lee Kang disease doctor thinks a good reason not completely, turned out to be said he was The vocabulary may be a little weird jargon mental hospital, the interpretation of its meaning is concealed Lei own ideas, such as calling a lawyer to sue the parents and the hospital this.
his own idea to sue the other party in advance to tell each other, the argument itself is a bit absurd, which actually was the incidence of mental illness as a performance, even more confusing.
However, Lee Kang must submit such judgments, and then received further medical treatment.
Huang Xuetao lawyers in and after several phone secret communication, Kang Li repeatedly stressed that they have to authorize lawyers to fight this Because not only provide for the Lee Kang-cost legal aid lawyer in Nanjing, Huang found his partner, that is first mentioned in the text Ju Junjie lawyers, who deal with Lee Kang-litigation matters.
was more theoretical discussion, but the reality of the proceedings, and Kang Li this case is a truly a series of very complex legal problems.
suggestions: third party intervention, the decision of mental patients hospitalized
as a mental patient, Lee Kang-first right of action to solve their own problems - in law, he is currently in a guardianship of the state. In a sense, he is like a minor, most likely do not have full civil capacity (depending on the extent of his mental illness).
pursuant to law, custody of his parents in his hands. Thus, if Li Kang to be sued his parents, it is through the consent of his parents, thus creating a paradox, in operation almost impossible.
Huang Xuetao lawyers in 2007 successfully completed a lawsuit that things there are exceptions, patients admitted to hospital before she got in each other's power of attorney, which she as able to agency litigation lawyer must file. Even so, she and her party's communication is also very unfavorable, once refused to enter a mental hospital to visit, she had the police, coordinated by the police after the successful meeting.
for lawyers, this is locked up in jail than see where the suspect is even more difficult.
experienced a difficult first meeting, Ju Junjie law is very clear mind, exposed the identity you want to re-enter the mental hospital was almost impossible to meet with Lee Kang.
reach is a real problem.
even if all goes well, the case can enter the final hearing, Lee Kang must first go through a judicial appraisal, confirmed that he in the end is no capacity, or limited capacity. But more crucially, if he is a limited capacity, which he must act to limit, and which is not restricted?
This is a very abstract concept. For their rehabilitation needs restrictions on freedom is deprived of his rights, or for the protection of his health? Things seem to be entering a dead end, the law now does not specify the specific boundaries of limited capacity, in fact, not to the detailed planning stage.
seems the case even entered the legal process, no solution will be entering a proposition.
is limited, this is a benefit for the perpetrator of the principle, and can not be generalized. liberty and autonomy of medical issues, the rights available to the patient. And different patients, different diseases, but also need to be treated differently.
Huang Xuetao lawyer told reporters after her team's discussion will not consider as Lee Kang-substantive proceedings, but to a coordinated approach by the first call to his family for his recovery cell phone use, on the discharge problem, please consult the Nanjing local volunteers involved.
Lei This may make very disappointed, but Huang Xuetao view, this may be the best approach.
rehabilitation, but also for his return to society better.
but in the long run, Huangxue Tao and colleagues are working to further direction, that mental patients admitted to hospital and treatment programs
she hopes, by the power of attorney and other third-party intervention, to determine a mental patient's admission and treatment, the design of this mechanism has a permanent institution to deal with such applications, regardless of application or from the patient's family patient, or is a psychiatric hospital itself.
and Li Kang, still live in that big gray house, Yu Tao and helpless. His parents then become much more liberal: Correspondent Division intern Ma Xiaoning words
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