| Summary: | 碩士 === 國立東華大學 === 財經法律研究所 === 102 === It is certainly legitimate that chronic mental patients have to be enforced to stay in mental health care institution even after considered to be less harmful. However, the procedures, a reasonable duration and patients’ rights related to compulsory hospitalization as well as court relief pipelines are hardly regulated in Mental Health Act. Therefore, to construct legality of compulsory hospitalization system on chronic mental patients, in terms of the principles of a rule-of-law state, relatively appears significant.
This paper is divided into seven chapters, and each chapter is summarized as follows. Chapter one, introduction, explains the motive, purpose and structure of the study on the theory. Chapter two, the normative foundation of compulsory admission act for mental illness, discusses mental patients’ rights related to compulsory hospitalization and what the international conventions advocate. Chapter three talks about the operations system and the criteria of compulsory hospitalization in Mental Health Act, and also analyses problems with violence taken place in hospitalization as well as the rule in response accordingly. Chapter four discusses current status of the compulsory hospitalization institution for chronic mental illness, and examines the fundamental rights involved in compulsory hospitalization and also the constitutionality of the preceding treatment by the principle of proportionality. Chapter five regards constructing legality of compulsory hospitalization system for chronic mental illness; for instances, to update a hospitalization system for medical treatment and protection in Mental Health Act, to set up measures to supervise chronic mental illness under medical treatment and protection in hospital, to follow the adultery guardianship of mental illness in civil law in order for covering deficiency and protecting power of decision on the rights of the person, and to discuss the necessity to participate in rehabilitation therapy. Chapter six mainly takes one eastern mental hospital of the Ministry of Health and Welfare as an example, discussing its current status in operations as well as the predicament it faces practically today, and how the hospital affords an environment for recuperation and a services mode for psychiatric rehabilitation in order to meet what the basic human rights advocate. Chapter seven concludes this study by summing up with the preceding analysis.
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