Behind an ordinary civil cases revealed the problem is not common: a person's mental state to determine what kind of legal proceedings need? Or, in the absence of the judge before determining the ability to force a person as a mental patient treatment? If the Also, those who for medical reasons other than the person of sound mind and treatment of the implementation of mandatory imprisonment is more shocking, how can inadvertently take such action? History proves that, whether it is originated from the conflict of interest, or ethnic cleansing, political persecution are acts of human freedom and dignity constitutes a serious infringement and offensive. The problem is so important that we have to seriously discuss it.
Guests:
He Weifang, a professor at Peking University, Peking University
Professor Zheng Yefu
Jiaohong Chang Professor of China University of Political Science State Justice
Bi Yuqian University Research Center of justice, the famous expert
Sums Litigation Department of Health Law Department of Peking University, deputy director of a prominent lawyer
Shi Guang Department of Health Policy Research Office of Health Economics Institute
High Yongping Capital Normal University sociology professor, a senior psychiatric experts, Zhang Xingshui
Jingding Law Office Beijing, the famous lawyer
Qiong famous scholar, the report writer
Moderator: POSTS legal scholars observe the director of the Center of Chinese lawyers
: 2007 2 月 6 日 (周二) at 2:00 - 6: 00
Location: Capital Institute of Physical Training Building on the second floor meeting room (Ji Menqiao West northbound 100 meters)
Organizer: Chinese lawyers Observation Network (www.ccwlawyer.com)
Co: Beijing Jing Ding law firm
Special guests:
Shengguan Master: the case insider, supporters
Huangxue Tao case, the victim attorney
small Zou Jia Lei Ta Kung Pao
< br> Chen Xiaonan Zhao Hua Phoenix
planning CCTV News survey the main charge of
Xufeng Min senior reporter with the law
Meng Dengke Southern Weekend, in this case the starting reporters
Jiang Anjie Legal Daily senior reporter, senior reporter
Li Yuxiao Southern Weekend, Tencent Director
Wangxin You Procuratorial Daily News reporter
Chen Baocheng Beijing News Commentary Department
< br> hole Principal U.S. media who
Yu Guo W South Wind
CENTRAL CHINA former Chief, Legal Digest executive editor
Forum Agenda:
1,14: 00 - 14:15
Introduction Forum Moderator POSTS
topics and guests announced the agenda
2,14:15 - 14: 45 (30 minutes) < br>
Huang Xuetao circumstances of the case law described
3,14:45 - 17: 25 per 20 minutes, 8 comments
guests (including hosts reviews, 160 minutes)
4,17:25 - 18: 55 (30 分钟)
interaction and questions
5,18:00 host POSTS summary, the Forum concluded
one case after
small Zou, 27 years old, is living alone, Futian District,UGGs, Shenzhen, and its big sister, brother and mother also live in Shenzhen, his father passed away a year ago. Friends in Guangzhou Xu, last year in October one morning, Zoumou with his family to the father Shangfen Baoan District, Shenzhen, on the way home, 8 men suddenly appeared, claiming to be police, in front of his brother to forced to board a truck and taken to the Guangzhou Baiyun Mental Hospital and later sent off into the ward. At 1 pm, Zoumou by the hospital to look after her people pay no attention to the patient's family through a mobile phone to call him their help. Xu said he immediately informed the matter to the family and in Shenzhen, Zou's lawyer friend Huang Xuetao. Guangzhou Zou's family did not come to rescue, but added Huang Xuetao afternoon with an assistant immediately rushed to the Guangzhou Baiyun Mental Hospital, asked the hospital to release, was rejected.
little Zou had a premonition that the family may seem to lead her into forced grasping mental hospital, so as early as October 8 wrote a letter of authorization to Huang Xuetao lawyers, hired her as its sole agent. Power of attorney wrote: interests, when necessary, to take the necessary action ... ... and to bring an action against such infringement.
Huang Xuetao forced into that Zoumou mental hospital by her family, immediately rushed to Guangzhou, I hope to release the hospital, but was refused; her retreat and went to the ward to see Zoumou, still refuse to .
hospital on the grounds that: Zou admission formalities by their brother, their sister escort over, Zoumou by its big sister, brother commission hospital treatment, not the client's approval can not be put people, no one can see the hospital Zou. Preliminary determination Zoumou hospital there may be mental illness, but diagnosis requires further observation.
According to Zou's brother said his sister forced into mental hospitals, it is very complicated, is temporarily unable to interview, and Zou's lawyer and friend, Huang Xuetao said Zoumou its big sister, brother relationship is the recent tension, once to notice in the newspaper and big sister, brother cut off relatives, friends after the stop. Zoumou Xu said another friend, Zoumou tension with the older sister may be involved in some money dispute, but declined to disclose the specific circumstances of suspense.
present, her attorney, holding a power of attorney Zou around looking for
Conference Record
Distinguished guests, ladies and gentlemen, good afternoon:
Moderator: Forum on Law Observation Network GREENVILLE Ninth now officially started, and now I will introduce guests to the meeting:
first introduced the Peking University Professor He Weifang, HE teachers in various fields over the years remained true to the image of public intellectuals, and we welcome him. Then introduced the Jiaohong Chang of China University of Political Science Professor, Coke teacher of constitutional law is the famous home of the very protection of the rights of citizens. Here is the professor of the National Judges College Biyu Qian, Bi is the director of Research Center for the administration of justice, but also well-known experts in procedural law. Then the teacher to introduce the Wang Yue, who is the Ministry of Health Law Department of Peking University, deputy director of the well known lawyer. The following is to introduce Dr. Shi Guang, Dr. Shi is the Ministry of Health, Office of the Deputy Director of Health is also my good friend. The next is Dr. Gao Yongping, a sociology professor at Capital Normal University, he was a senior psychiatric experts. Now I would like to introduce Miss Huang Xuetao attorney case, lawyers for this case yellow devoted a great deal of effort, as the case is still running appeal. And then to introduce the concept of holy Master Master in St. next to the Southern Weekend view the Mengdeng Ke reporters that this case was first reported by him. Here is a free independent scholar Mr. Li Zhiying, sitting next to him is a senior media persons Mr. Guo Yukuan. There Mr. Kong An, who is the U.S. public radio reporter based in China. Zhang, sitting next to me also star water barrister, he is our old friend, there are other walks of life friends, not one by one I introduced. Here are your attorney present case the circumstances surrounding the case Miss Huang Xuetao for everyone to do some simple reporting. Then is the time Guest Reviews, finally, interaction time. There are lawyers to do something simple, please Huang Xuetao introduction, everyone welcome!
Huang Xuetao: My client is my best friend is a very talented woman, twenty-seven years old this year, as well as in interpersonal relationships on the economy and in family life there are some disputes and conflicts , and the family often have some differences of opinion. Two weeks before the incident, let me go with her for a small Zou and her husband divorced, she told me her husband divorced her and his family on the compensation for the existence of serious conflicts and differences. She told me her family had held the attempt, she may arrested by the police may also be sent to a mental hospital, I was very surprised, but the parties have such a requirement, we signed the two types of commission books, in order to prevent her being held under criminal detention or to the mental hospital. If the above happens I'm worried about this matter can go to intervene, or you can go visit her. Two weeks later, in a grave after attending his brother's car had been kidnapped and kept her from Shenzhen to Guangzhou Baiyun hospital. She is a lunch break at the time by someone else's phone to give me a call to me for help, I immediately rushed to the Guangzhou Baiyun Hospital, the hospital produced a small Zou power of attorney. Because the family is to use a pseudonym to small Zou hospital, the hospital denied that such a person a small Zou, I can not just call 110, police intervention, the hospital admitted a small Zou such a person, but I want to see to my brother, the party must be small Zou consent, or I can not see. This is so I do not understand why the hospital was not by a professional judge the suitability of the health status of patients receiving the guests, do not ask small Zou personal will, to the right is met entirely to families. I told the hospital say he is not through the judicial process for obtaining guardianship of my client eligibility Why deprive her of my meeting with the parties the right to power and communications, whether from a legal point of view or from a medical point of view, the hospital did not allow me to do What the parties must seek the consent of his brother.
in this case in my view, the key to the implementation of the hospital, I told my clients, the hospital statement conflicts with the family some of the details, I went on to say the hospital in full accordance with the views of family members to do is a mistake. The hospital does not listen, he only repeated the phrase: home paradox, we do not care, who we sent to whom, she received the phone unless you want to get her brother's consent. I then put aside, ignored. From this incident, look at her family's practice is not difficult to understand, they have held small Zou motivation and ideas, but the hospital as a medical institution, has become the executor of a restriction of personal freedom, and these restrictions are clearly not for medical purposes, family members said that people should pay attention to arrest people, to release to release, family members not to meet with guests, so the implementation of the hospital, never considered the wishes of patients! Moreover, my client has always been a normal person, as long as you talk and the small three-five sentences Zou, you'll find quick thinking of her conversation moderate. But hospitals say that you are not a psychiatrist, you can not judge her situation, and then just do not dialogue with you, you dismiss.
small Zou third day of the hospital, the Southern Metropolis Daily has reported it, and then attracted a lot of media reporters to interview. Hospitals felt the pressure to let the small brother of the little Zou Zou not return, but the family firm does not agree, claiming breach of contract or to sue the hospital. In all aspects of pressure, white hospital organized an expert consultation, the final conclusion is that non-psychotic mania. With this conclusion, the hospital's attitude hardened, no longer speak to me, that with this diagnosis, she was incapacitated person, the power of attorney is invalid. In this case, the reporter but may have a channel for dialogue, the hospital to a diagnostic report, and other conditions are said to reporters, but also let reporters into the ward to interview my client, what information I have not, not a word access to, the above cases I obtained through a reporter. Families do not make any communication with me, although I am very low key very good, they have in the hospital held a press conference to prove they did it right. A press conference shortly after being transferred to a small Zou hospitals out of the clouds, do not know go there, for me, is missing the small state of Zou. In this state, I am the measures taken are the police, reported that the population of illegal detention and reported missing, police said no illegal detention into a mental hospital, and if there are medical dispute if the dispute; as people missing, the police said she family know where he is, so I do not belong to missing cases. On the other hand I would like to write to the health sector, because there is no exact name, so it can not query; I also visited a number of mental hospitals are no such person (not his real name because her family is sent to a mental hospital.) I did not give the court proceedings, the first private prosecution of the court, the court said they did not detect the right, or send back to police for investigation, there are some obstacles that; as a civil tort I have prepared some information, because a party can not sue like to sign, resulting in the prosecution of attorney documents are not accepted. I have various ways of justice tried, the results are impossible to find her whereabouts, so I feel the whole judicial remedies are completely ineffective. I passed the other way, such as to put pressure on her family, to his family put pressure on the leadership of units, through their friends and relatives to put pressure on, and finally I do not know what kind of factors played a role in the last week I received news that a small Zou gone home. I went to visit, people just do not come out in it agreed to open the door, but also another voice that she had to take medicine you go! I also understand that this scene I put flowers on the door I was dismissed, and this is the case in the process. Through this thing I found that there are a few very common phenomenon, is this compulsory hospitalization model, the ruler sent a request, the hospital has the right to decide who the hospital and sent to comply with an attitude of who is responsible, but also Who pay and who is responsible attitude, which is a practice of the health care system. When admitted to hospital? When discharged from hospital? Meets rights, communication rights and other powers are restricted to what extent the decision to send the governed, not the hospital according to their professional standards to make judgments. This mechanism will produce what kind of problems? The face of such a mechanism should be how to prevent us as individuals? I go to a party lawyer have been powerless in advance. On the other hand I felt the doctor's way of thinking and way of thinking of our legal people will be very different. Many doctors have a sick way of thinking presumption, the presumption of innocence with our lawyers the opposite pattern. In the medical profession there is a very important word called Another point is that all mental hospital who are not subject to judicial proceedings, but all were considered incapacitated person, the doctor here, the exercise of the judge's duties. I'll say it right here, thank you.
Moderator: It sounds like some people feel terror, the Forum's name be changed to The statement by counsel Wong feelings I have three: first, the failure of the law, we are all thinking the law invalid, the declaration of a person without civil capacity, the hospital can determine the. Second, psychiatric hospitals and our thinking is totally contrary to the most simple version is to give money to shelter, only to be responsible family members, through the introduction of yellow lawyers, doctors are mostly well-intentioned, that this should be the words: gateway slavery is a good paved road. Third, the physician-patient relationship, the police come to the right care to physician-patient relationship, not suffering, then what doctors do? For such problems, we want this forum to give all aspects of. Professor He Weifang to give us first of all for the wonderful comments, everyone welcome!
He Weifang: Speaking of the issue of mental illness is a very big problem, I think I've seen a movie how well two people in a mental hospital inside a central nervous system through the administration of blockers into the normal mental patients. Qiu Dongren protagonist (played by Ken Takakura) is a persecution of the prosecutor, has also been forced to a mental hospital, of course,UGG shoes, is to infiltrate the enemy he was later to expose the underworld inside out. At that time the doctor felt some problems wearing a white lab coat, and later increase with age and experience, I feel the problem is very complex mental illness, is a history filled with blood and fire. The question of what is mental illness, in real life is a very ambiguous, hard to say who has mental illness who do not have mental illness. We see a lot of great history, historical figures are mentally ill, for instance, such as the great novelist Franz Kafka, Max Weber, such as the great sociologists, such as the great philosopher Nietzsche, as well as research I psychosis is the spirit of Foucault's own patients, the most talented people are often a bit crazy. If you read the While we humans have been able to board the planet, but we have our own little is known about the brain. In the middle of real life, we encounter such a situation as a small Zou, sometimes we would have some vague, of course, vague excuses and reasons not mess things up, the more fuzzy place, more to the protection of human rights seriously. We are now in a drastic social change, including some of the most basic ethical concepts are changing, people's behavior will become increasingly diverse, this is a sign of an increasingly diverse society. We determine whether a person is mentally ill, when such a standard, if not a more open and tolerant standards, it is very scary. Example, homosexual behavior, we had thought it was a serious or even anti-ethical behavior against humanity, now he can look at a more permissive. We have entered a very complex state of society, we should be a complex state of mind to face the daily occurrence of human rights protection on the big issues of human freedom. This is the first one I'm talking about respect.
Second, our society's most serious problem is that we lack a more neutral body to a controversial matter for each of a people can be trusted to make judgments. Our society no credit,bailey UGG boots, no credit is the biggest so what? I think that is when a major crisis in this society, we do not have to find a truly neutral authority of both agencies to make judgments. Sun Zhigang incident for example, you will believe the final judicial decision is fair it? Who beat the leading role is the real people? Guangzhou, the Court is not trusted it? Are not reliable, completely closed state. Such a mechanism which not only increased the people's distrust of the government, but also makes people continue to pay the bloody price, perhaps it is indeed the Government's right, but because it has lost the trust of the people become unable to pursue, the people continue to petition to go to complain, thus leading to increasing costs, our society is in constant these grievances snowball, snowball. Originally a small thing, a neutral and impartial authority can solve, simply because one can not believe no one can change that; we do not believe the people around, we do not believe the surrounding organs, we do not even believe in this country This is our time's most difficult problems. Identification of such problems as mental illness, we want a body like the wanted to resolve medical disputes to resolve this problem, all of you experts in the medical profession, I think we are all suffering, including hospital doctors are also belly full of grievances. I think we must have a force to restrain a psychiatric hospital, which restricts the rights of the hospital, I think it is not a bad thing to Members, because you give up the right to return is all for your trust and support. I would like to Guangzhou Baiyun doctors are not bad people, they will certainly be subject to their professional ethics, they are not patients who can not be caught in the patient's state, which is not possible for doctors, which is why the cause of euthanasia so much controversy! However, the constraints of professional ethics alone is not enough, there are too many cases that have happened inside the hospital is a very serious violation of the rights of patients,Discount UGG boots, it would need the authority of a neutral body to be an authority on this matter of judge, I think that to solve our current dispute is of great value.
Third, we safeguard customer's rights lawyers should get more attention. The right of every lawyer in the United States are great, beyond my imagination, and he said we usually have not only the exercise of private rights, but also to exercise some of us seem to be exercised by the state some rights, for example, that the lawyer can go to the hospital inside Taking of certain medical records, to the bank to transfer data and even take some files to the retrieval of documents to the Department of Defense, and do not need to receive a police court judge or police officer to accompany. A professor at Harvard University wrote a book In China, how to make law restricted the power of government organs of state power or authority, such as hospital case, a force, it is worth thinking about. This case reflects many of the questions many defects, also reflects a very difficult situation we are lawyers, and finally the power not only can not maintain customers, and even their rights are very hard to maintain. This time I have been called on the government and society respect and understanding lawyers.
Finally, I want to appeal to the full return of the humanitarian society. Look at some books on Western history of mental illness, I think that is a very important Renaissance era, is important because it calls for the return of people. By the Renaissance, people turned to God from the attention of people concerned about themselves, we have to understand ourselves, to focus on our differences, respect each person a different choice. In the last century the last two decades, the world changes very deep, really wake up in the mental aspects of each person the attention of mental patients, the highest degree of respect. Although we are not far away from that era, but because of special reasons we do not pay more attention to those values, the problem of mental illness is not just a legal issue, or even more than a medical issue, but a wake-up on human respect for such a big problem, we still need the baptism of a humanitarian. Yellow is the case of lawyers small specimens of this era, it reflects the times we face, I can only express such a lament!
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