Chen Miao-Sheng that employees have mental illness, be sent to psychiatric hospital for 13 years after the death of his wife, Chen Miao-Sheng Hua Chemical Industry Institute of the Beijing court, the defendant for its rehabilitation, the removal of , apologized to the family, claims to be dependent living expenses, compensation for death, mental injury compensation for pain
"Chen Miao-Sheng and no harm to others, but also the spouse, the unit on what basis that he was mentally ill, take him to a mental hospital until he died? "Lee month (sister of Li Hua, the case agent) said tears in his eyes.
"rule of law over the weekend," first come into contact with reporters this case, someone told reporters it was "a Chinese reality version of 'Flew Over the Cuckoo' case."
month again to see Lee is in Beijing Asian Games Village, Chaoyang District People's Court of the door.
psychiatric hospital in the bizarre death
15 years ago, Chen Miao-Sheng was sent to the Hui Long Guan Hospital (a psychiatric hospital), when he was 52 years. Chen Miao-Sheng of China Petroleum and Chemical Corporation Beijing Research Institute of Chemical Engineers. The unit that their mental disorders, to inform their brother far away in Guangdong. By its brother unit, said commission, be taken to Huilongguan Hospital. , Chen Miao-Sheng began hospitalized in a mental hospital for 13 years of life.
2008 年 6 months, Chen Miao-Sheng toilet fell and led to femoral fracture. Beijing Jishuitan Hospital, doctors recommend bed rest for treatment of fractures of traction, but there are certain risks. After 3 months in bed, Chen Miao-Sheng sudden death, cause of death included paranoid schizophrenia (better), diabetes (improve), fractures (better), pneumonia (doubtful).
death records, most doctors believe that sudden death and long-term use of Psychotropic drugs clozapine (an anti-psychotic medication), caused cardiac side effects.
court, Lee said month, Beijing Chemical Industry Research Institute in the Miao-Sheng Chen Hui Long Guan Hospital, sent 1 year later, only to learn, Li Hua, Chen Miao-Sheng to visit, but not to take out.
1996, Chen Miao-Sheng Hua seen in Huilongguan hospital, Chen Miao-Sheng Hua told, the unit took the certificates of deposit, bonds, certificates, keys, etc., so that Li Hua to open that neighborhood, to his wife's identity immediately recovered. "At that time, his consciousness very clearly, not chaos. Later I visited him, in order to be detained in money, goods and documents of the things that he signed two power of attorney. "Lee recalls.
month, said Li, Miao-Sheng Chen family see how much sanity is not abnormal, people wishing to access their home recuperating. They then contacted the Beijing Institute of Chemical Industry.
However, the Institute of Leadership Xu, Chen does not recognize this, said Chen Miao-sheng said the "madness" and said "you must not see him later, a long time automatically from the marital relationship of the & rdquo ;.
strong deposit dispute sent to a mental hospital
"rule of law over the weekend," Miao-Sheng Chen's medical records in the reading time, see the diagnosis that the words "paranoid schizophrenia" and in his medical records appear on the statement is "emotional stability\; orientation integrity "and" quiet performance, "" consciousness "and" language to the point, "" clarity of expertise. "
"rule of law over the weekend," a press note, in January 1996 the medical records: "At present mental condition has markedly improved, complete disappearance of auditory hallucinations, paranoia still exists, emotional activity than the indifference, not seen any strange behavior, daily self-care. "
So what that unit is Miao-Sheng Chen and mental illness should be compulsory for admission to for help?
"rule of law over the weekend" journalist met in Beijing Chemical Industry Research Institute of the Ministry of Legal Affairs unit of the staff, he told reporters: "Chen Miao-Sheng to household items are placed in a large bag full day back to back to the old view that It was persecuting him. A meeting in the unit, Chen Miao-Sheng will be 10 dollars into the hands of the leadership that the leadership of poor health hear, let him buy something Bubu. This is so unusual, so we notified his brother, his brother said he had had history of mental illness, commissioned us to take him to heal. "
this, Beijing University of Chinese medicine, health law experts, Zhuo Xiaoqin said: "A person is not mentally ill does not mean that their capacity for civil conduct, mental patients are not necessarily without capacity for civil conduct, incapacity and limited capacity is needed to prove diagnostic. Diagnosis was paranoid schizophrenia, in which case he would not seek medical treatment should be decided by himself. Even if there is no capacity for civil conduct, then it should by his legal guardian hospital. "
According to "the rule of law over the weekend," the reporter, in the July 22, 2008, Beijing Chemical Industry Institute of Beijing Hui Long Guan Hospital to open diagnostic applications that require issuance of Miao-Sheng Chen mentally ill, long-term hospitalization is no longer proof of capacity for civil conduct.
Huilongguan hospital admitted and discharged patients and other relevant procedures had also been questioned plaintiff lawyers. Case, the plaintiff lawyer Li Renbing said the defendant's conduct, "not only violated Chen Miao-Sheng's personal freedom, labor rights and the legitimate property rights, but also in violation of Chen Miao-Sheng family's right to know, inheritance, given Chen Miao-Sheng's families for 13 years of pain and loss . "
14 years after the notary had just commissioned a relationship
Another controversial case
focus, the unit was rushed to the government when Chen Miao-Sheng, without notice to his wife, to inform his brother is illegal and subject to the trust.
in accordance with the provisions of Civil Law, the spouse is the legal guardian.
"Chen Miao-Sheng hospital when Li Hua in another psychiatric hospital for treatment. "The defense lawyers in court that issued the Li Hua's hospital.
This is with the Beijing Research Institute of Chemical
Legal Services Division staff to say the same: "Miao-Sheng Chen's wife was mentally ill, so units and be entrusted only to inform his brother sent to a mental hospital. "
In court, defense counsel presented to the power of attorney has become old and yellow, the plaintiff lawyer that power of attorney can not verify the authenticity, no cross-examination.
this, Chen Miao-Sheng Chen Feng said the brother, this is really their brother power of attorney issued in 1994.
"We have mentally ill family history. My mother had killed paranoia, Chen Miao-Sheng also had history of mental illness. "Chen Feng said.
Chen Feng has also issued a certificate, is July 15, 2008 in Dongguan City Notary Office identified Feng Chen Miao-Sheng Chen's brother and legal guardian.
this, the plaintiffs lawyer said: "This is the July 22, 2008 issued by the Miao-Sheng Chen proof of the loss of capacity for civil conduct is contrary to. "
then in 1995, when their brothers and sisters did not get legal guardianship cases, units entrusted legal?
Zhuo Xiaoqin that this was legally invalid, "because the unit did not get the wife of Chen Miao-Sheng Hua limited capacity or no capacity for civil conduct of confirmed proof."
no legal binding, "free access"
Ministry of Health Medical Ethics Committee of Experts QIU Ren-zong In an interview with "the rule of law over the weekend," a press interview that mentally ill patients to our current identification of the judicial process, "precisely because of mismanagement, and certain psychiatric diagnosis is difficult in itself, the non- mental patients into mental hospitals when things happen. "
QIU Ren-zong that from the ethical point of view, not all patients can be forced psychiatric hospitalization. "I think the key to life and health of others were seriously hurt, treatment or prevention of suicide can be a temporary, short-term force. But all these must be rigorous review, reconsideration, the approval process, but first we must have diagnostic criteria for these patients. "
Zhuo Xiaoqin also take the same view, "the general view that if mental patients will hurt others or themselves, or where there is no life skills, only need to force sent to a psychiatric hospital. In a mental hospital should be followed to judge his capacity for civil conduct. If a patient has capacity, or even with limited capacity, we should also respect the patient's expressed wishes. "
When asked why the unit did not take 13 years, Chen Miao-Sheng discharged, the defendant's lawyer, said: "We have not received hospital to pick up the notice. "
Huilongguan Hospital doctor who asked not to be named, said that, under normal circumstances, after the patient sent, unless the family requested, as long as people management, hospitals generally continue treatment.
defense lawyers to answer to prove this point: "He's getting better, you can go to a mental hospital in the nursing home to accept convalescence. "
QIU Ren-zong that psychiatric patients can be discharged from the standard that should not cause serious harm to others, "but it is very difficult, and need for admission and discharge criteria; and allowed to challenge the patient's guardian."
Lee after the end of the month in the trial, "the rule of law over the weekend," told reporters that Chen Miao-Sheng units will be sent to a mental hospital on several occasions asked his laid-off before, but I do not want Chen Miao-Sheng off.
QIU Ren-zong that "no serious injury to others, patient orientation, there is no evidence, he was sent to a mental hospital for compulsory treatment, there may be other purposes."
"Currently in China, on the mental approach to identify and treat mental hospital needs fundamental reform, it should quickly through mental health law. "QIU Ren-zong said.
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