论《精神卫生法》的自愿原则

为了防止正常人"被精神病",更好地保护精神障碍患者的合法权益,《精神卫生法》确立了自愿原则。该原则渊源于私法领域的自愿原则而又与其不同,是在知情的条件下对精神卫生服务的单方接受自愿。它回应了要像人一样保护精神障碍患者,彰显了精神卫生法的福利法本质。它包涵自愿诊断、自愿治疗和自愿出院三个既相互区别又相互联系子原则。非自愿诊断、非自愿治疗、非自愿继续住院治疗只是自愿原则的补充,此种例外旨在寻求患者精神健康权与社会公众安全保护的平衡。

On the voluntary principles of the Mental Health Act

In order to prevent a normal people ＂mental illness＂ and better protect the legitimate rights and interests of people with mental disorders, the mental health Act establish the principle of voluntariness. The principle is derived from the voluntary principles of private law but differentiated, and it is knowingly unilateral acceptance of mental health services in the context of voluntary. It responds to the protection of persons with mental disorders like a person, and shows the welfare law of the mental hygiene law. It includes a voluntary admission, treatment, dis- charge. Non-voluntary admission, Involuntary hospitalization, involuntary treatment continue to be hospitalized are only the voluntary principles＇ supplement. The exception aimed at seeking＇ a balance between mental health and the right to social protection of public safety.