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the two sides exchange evidence

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Started 10 years ago by 8h2nS6AzS7

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 At 10:30 on November 16, Beijing female engineer Chen Dan (pseudonym),woolrich sito ufficiale, accompanied by her boyfriend and another male friend, out of Changping District of Beijing Huilongguan court. 5 months ago Dan Chen did not think how, simply because marriage disagreements, they will be forced into a mental hospital birth parents, and stayed inside for nearly 72 hours. Today, Chen Dan has been admitted to hospital - Beijing Huilongguan Hospital to court. It is understood, Huilongguan Hospital is the largest psychiatric hospital in Asia. Chen Dan believes that the behavior of Beijing Huilongguan Hospital admitted a violation of her autonomy, the right to personal freedom and physical, requires appropriate compensation 200,000 yuan, and an apology. The trial lasted more than one hour, the two sides exchange evidence, Huilongguan hospitals require additional defendant Chen Dan parents. Mental health law expert, "is mentally ill" Huang Xuetao pro bono lawyers that the case will be the first case after the adoption of "Mental Health Act." Parents hire Yituo daughter forced into a mental hospital Wrapped in cold, Dan Chen appeared in front of the rule of law Weekend reporter. Anyone think this a hair, facial features gentle, wearing a ring on the left hand of the woman, because free love actually had been forcibly sent to a psychiatric hospital his parents, and was hospitalized three days in a psychiatric hospital in the ICU. Holding a glass of warm milk, Chen Dan told reporters to leave the hospital so far, she will often nightmares at night, in a dream awoke crying. Dream scenario is the hospital, many critically ill patients cry ...... On the evening of June this year, Chen Dan and love boyfriend for three years when the residence downstairs from the apartment building lobby through the glass, she saw the parents came home from the northeast. More than a year to meet the parents did not play hello came to Beijing, which makes Chen Dan instinctively feel that this is not a surprise, but "ill intent." It turned out that Chen Dan without parental consent, in Beijing fell in love with her boyfriend, which makes between Chen Dan and Chen Dan's parents repeatedly produce unhappiness. "I was afraid of conflict between parents and boyfriend, bad influence." Chen Dan recalls, "After going to talk to parents on the phone, and then meet to make things clear." However, the way to meet Chen Dan with their parents, but let ordinary unexpected. Soon, the room has a knock on the door to hear Chen Dan, "they knocked at the door about ten minutes, I did not say anything." Chen Dan said, "Later gone movement was loose breath, thinking that they're gone. " Unexpectedly,http://kehuelga.net/diario/spip.php?article3901, Chen Dan heard the bang of iron tools on the ground Lang sound. After ten minutes later, Chen Dan's door was forced open, not only broke into Chen Dan's parents, there are four "Bangdayaoyuan, never seen before," the man. Later, the four men were confirmed to be parents spend 2,000 yuan Chen Dan Yituo recruited. At that time four men claiming to psychiatric care workers, in the case did not produce any documents requested Chen Dan with them to the hospital. It was around 19:00, including Chen Dan, including parents and her boyfriend, eight people who came to the Beijing Huilongguan Hospital. 3 days after hospital discharge, Dan Chen is "the most fortunate cases" And in the hospital lobby waiting, Chen Dan has been sending information to two friends on the way to the hospital. Communicate with friends after Chen Dan, also hope you can help her. Friend's testimony and the number of text messages sent to each other, has become one of the future Chen Dan's evidence. In the lobby waiting for Chen Dan naively, done after examination, prove his sanity, you can successfully leave. But the fact that so Chen Dan deeper into fear, in the "no doctor admissions, did not do any related psychiatric examination, there is no diagnosis," the situation, Chen Dan was taken to the intensive care nurses 24 hours escort. Get the nurse sent in daily necessities, Dan Chen proposed to take water and go to the bathroom, she was a nurse grabbed his arm with the past. Then she discovered that the toilet and no partitions, the toilet will nurse "opposite has been watching you." Hospital food "difficult to eat", but Chen Dan found that patients need to nurse the meal to see how much to eat, if not satisfied with the components, then the nurse will be forced to eat. The next day, Chen Dan, etc. to a preliminary identification. Around 10:00, Dan Chen first met her doctor, the doctor asked the basic situation, she began to send their parents to answer the subject of governance. Doctors mention issues: childhood family life, what came to the hospital and so on. Perhaps because of cool coherent narrative, with sensible attitude, Chen Dan felt: "From the doctor's tone expression can be determined that he did not think I was crazy, but also rekindled hope my discharge." The last time was in the morning of the 8th consultation, consultation continued for about 40 minutes. Finally, approaching noon, the doctor in charge announced that she do not need to be hospitalized, they can apply immediately discharged. When informed that the message can be discharged, the Dan Chen burst into tears on the spot. At about 4 in the afternoon, Dan Chen left the hospital. Huang Xuetao lawyer told reporters that Chen Dan discharged so quickly, and did not receive psychiatric treatment, which is her understanding of the case of the most fortunate one. And Chen Dan believes is his repeated statements "not ill",http://www.infocrystal.com/alink/apeboard_plus.cgi?command=read_message&msgnum=860/, "to prosecute", he makes himself so quickly "brought to light." "Lv Jian, deputy director of the hospital a man named Po, who has also devoted a conversation with me. She said, 'the prosecution, do you think someone will care about you? Have you read" Mental Health Law "? You also prosecute such cases no one cares for you '. " "Good girl," free love challenge parental authority Chen Dan is an only daughter, 10 years ago, university graduate, she left home to live alone in Beijing, and became an engineer. Chen Dan said her parents have a strong desire to control, "parents grew up on me too much attention, let me play with the kids in general, are not allowed to learn how to swim, housed under living in glass until college." Two years ago, one year after intercourse with her boyfriend Chen Dan would love to tell their parents, but parents always opposed. "In the beginning every week to call, but every time it comes to emotional problems are not very happy,woolrich online, parents want me to be separated with her boyfriend back home to work." Chen Dan does not agree with this point of view of parents, but each time the unhappy ending conversation, so Chen Dan and parents communicate less and less. Eve of Spring Festival this year, Chen Dan and parents over the Lunar New Year in which problems quarrel broke out again. Chen Dan want to go to her boyfriend's home, the New Year with her boyfriend, Dan Chen idea to let parents very angry. "Strained", Chen Dan some chagrin, after Chen Dan with their parents three months without a phone call, until June 5. "Although Chen Dan Case no direct pecuniary interest, however, according to who's advocate, who submit comments, more common in a conflict of interest in the family." Huang Xuetao lawyer commented. "Because they are very old, in which case they decided to send me to the hospital there. They want the doctor gave me medicine, treatment, return to the previous state of obedient." Chen Dan speculation. Huilongguan Hospital, said, "is mentally ill" is not so easy In fact, long before the trial, Chen Dan and Huilongguan Hospital began "Taking a dialogue." June 10, Chen Dan in Mizuki community forum to disclose their experiences, caused great repercussions. 18, Dan Chen and his lawyer came to Huilongguan Hospital records sealed. July 3, Beijing Huilongguan Hospital held a media briefing, the President of Germany in the conference, Yang Fu said, "is mentally ill" absolutely no public imagine so easy. "Chen Dan clinics for behavior should never be called 'is mental illness'." Admissions doctors recalled, "Chen Dan had parents understand the disease, that Chen Dan from 2009 began to appear abnormal behavior, do not want with people that parents will harm themselves, and had suicidal behavior. After that, it had depressive symptoms appeared in the admissions process, the patient does not cooperate, even shouting abuse, he has been in a 'excited state'. " On that day, Chen Dan published a letter "To the Beijing Huilongguan Hospital open letter" on his blog, saying one of the Huilongguan Hospital had to respond. Chen Dan told reporters that she did not experience the admissions process, she has been waiting in the lobby when texting, without any emotion, did not seen any doctor before forcibly put into intensive care. The so-called "excited state" only after the doctor listened to their parents narrate fabricated judgment. "Huilongguan Hospital outpatient hall of publicly recording." Chen Dan said, "If there is, then." In fact, Huilongguan Hospital claiming videos retain only 15 days, so this video has been deleted. Interestingly, in the case of outpatient hall videos are deleted, the hospital has saved the same day, Chen Dan record in the ward. Chen Dan, a chief physician participation to carry out consultation has been introduced, in the first three days after admission (admission within 72 hours), the end result was Chen Dan accepts consultation: recurrent depression, is now in remission, because we have active treatment wishes, there is no need to continue treatment in the hospital, you can go home antidepressant medication while receiving psychological intervention. But it is also suffering from Chen Dan criticism. Chen Dan said her case showed she had five different diagnoses, the "impression excited state" have not yet seen a doctor before diagnosis, hospitalization evening, cases labeled as "unspecified mental disorder" (meaning I suspected mental illness, but do not know which), until at discharge diagnosis. Chen Dan said, Am I three days ago is excited, three days after it becomes depressed it? The President Yang believes Chen Dan admitted in 2007 based primarily on the promulgation of the "Beijing Mental Health Ordinance." When the voluntary approach for the protection of contradictions hospitalized way, is the most basic principle of voluntary protective hospitalization and compulsory sent by the public security organs not mainstream way. We have different ways for different patient populations. Huilongguan Hospital, saying, in Chen Dan attorney Chen Jihua opinion, unfounded. In the media briefing,scrape hogan, Yang Fu Germany would like to take this event to clarify the misunderstanding of the public "is mentally ill," the. "Do not think that once admitted to a mental health hospital would have no way to, first of all patients in the initial physician can own admissions to doctors and guardians do not agree with hospitalization, was admitted to hospital after the patient may also apply to the doctor, in a series of Under procedural guarantees to obtain a disposal treatment that best meet the patient's condition. "he said. Huang Xuetao lawyers believe that some of the more cautious approach Huilongguan Hospital, Chen Dan in the hospital 72 hours after the draft was in line with the first instance, "Mental Health Act" requirements "for suspected mental disorders, diagnostic conclusions should be made in writing within 72 hours." "Huilongguan Hospital, Chen Dan realized that the case may have legal risks, expert consultation convened a large number of hospitals, and pioneered the use of 72 hours retention mechanism." Mr. Huang analysis said,http://www.bilaterals.org/spip.php?article22779, "72 hours indwelling approach is a step forward, but Chen Dan Case,http://bbs.yiwoqu.com/viewthread.php?tid=720922&extra=, the hospital should be more cautious some 72 hours of personal freedom constraint,http://www.k-macs.ne.jp/~anb/cgi-bin/nicky.cgi, could have been avoided. " But Huang Xuetao lawyer also mentioned that 72-hour time limit on October 26 by the "Mental Health Law" has been revised to "stay in hospital should be assigned immediately to diagnose psychiatric practitioners, and promptly issue a diagnostic conclusion." . Progress and deficiencies of mental health law In July the media briefing, Yang Fu Tak had hoped, "Mental Health Act," introduced as early as possible: "With the law we will have concrete measures, both on the psychotherapist behavior in supervision and restraint, but also a guarantee." October 26 morning, the twenty-ninth session of the Eleventh National People's Congress adopted the "Mental Health Act." So far, this started from 1985 legislation, has long been widespread concern in the legal community has finally arrived. However, due to "Mental Health Law" May 1, 2013 to take effect, according to Chen Dan introduced, her case does not apply to "Mental Health Act." However, Huang Xuetao lawyer believes that the current system of the law are still defects that can not prevent the abuse of custody near relatives. Huang Xuetao lawyer in opinion, due to the case of a civil legal relationship Chen Dan, "Civil Law", "Contract Law", "Tort Liability Act" or even "Beijing Mental Health Ordinance" and other adjustments related to legal relations in civil law, are It can be used as a basis for the case. "Dan Chen and Hui Long Guan Hospital,http://goobike.com/cgi-bin/search/zaiko_bike.cgi, the existence of the medical service contract? If there is, then, is a contract between who and who? Chen Dan's parents whether the qualification Chen Dan legal guardian? These are all we need to ask for." Huang the lawyer said. "Even if May 1, 2013 in the" Mental Health Law "after the implementation, including the current Beijing has local mental health regulations, Huilongguan Hospital, it is still a subject of civil law under the framework of civil law." Huang Xuetao lawyer told the rule of law Weekend reporter that many Chinese psychiatric doctor, affected some wrong legal point of view, mistaken for suspected mental patient has no autonomy, even the formation of a number of improper unspoken rules. Just launch the "Mental Health Act" to bring the greatest social progress, it is clearly a "principle of voluntary hospitalization." This legislative principles, will replace the current scattered local and sectoral medical practice, not on the table as well as some unspoken rules, will help promote the idea of updating the medical profession. According to the principle, except to the "dangerous" level, people with mental disorders have the right to refuse hospitalization. That is, the right to limit the standard of mental patients, has advanced from medical standards to legal standards. "Mental Health Law" Article 30 provides that hospital treatment of mental disorders implement voluntary principles, diagnostic conclusion,scarpe hogan outlet, the condition assessment indicates that treatment were severe mental disorders and one of the following circumstances, should its implementation a hospitalization :( ) hurt their behavior has occurred, or have hurt their own risk; (ii) endanger the safety of others behavior has occurred, or the risk of harm to others security. In this case it can be forced hospitalization. However, since the hospital began after research "Mental Health Law" Chen Dan thinks, "'danger' is difficult to define." Her analysis said the decision by the medical people's hands is not appropriate. Chen Dan also proposed,scrape hogan, "Mental Health Law" Article 35 stipulates: patients or their guardians to require hospitalization diagnoses have objections, do not agree on the implementation of hospitalized patients, may require re-diagnosis and identification. In a related agencies issued again diagnostic conclusions, before the appraisal report,http://www.paraseek.com, admitted to mental disorders medical institutions should follow the requirements of the diagnostic and treatment practices for patients hospitalized. This will not only allow Chen Dan asked: "??? Diagnosis again a couple of years time how long it'll put this process normal rule silly it" Huang Xuetao lawyer said, "Mental Health Act" present deficiencies, primarily the right to decide the legal standard of judgment and rights restrictions, is still in the hands of the medical people, which is obviously wrong configuration of functions. Although the right to restrict medical standards has increased from progress as legal standards, but legal standards but by the medical community to explain and grasp. Legislative progress half a step, but a step far from complete. Second, Huang Xuetao lawyers believe that personal freedom of citizens as a design limit of the law, there is no use restriction period, nor did it provide the necessary facilities for the right to judicial restrictions,http://jsuva.com/cgi-bin/bbs/light.cgi, these two institutional flaws, remains an urgent problem to be solved. Although treated to prevent abuse of public power mechanisms, patients and their families have the right to apply for the referral of patients, the right to apply for medical evaluation, as opposition mechanism, has improved over the previous practices. But relatives believe patients have hurt themselves dangerous cases, but no such institutional arrangements. "Such a system dislocation, apparently hidden a huge risk, not only ordinary citizens at risk, families of patients and physicians, are facing great legal risk." Huang Xuetao lawyer warned. Huang Xuetao lawyers believe that the security aspect of mental patients was significantly lower right of appeal, the rule of law in our country is generally below the horizon. Admitted to the Criminal Procedure Law enforcement has been basically solved the problem, but the provisions of the Mental Health Act Civil admitted, still unable to follow the situation of mental patients are free to set custody still exist. Chen Dan case, it is the medical profession for custody arbitrarily set a typical case of error. Legal weekend (Original title: Female engineer because love by their parents forced psychiatric institutions) (Edit: SN025) 

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