What legal system does mental health law belong to?

China's legal system consists of seven legal departments: Constitution and its related laws, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedure law. Mental health law belongs to special administrative law and is a kind of administrative law.

1, to clarify the rights and interests of patients with mental disorders.

What rights do people with mental disorders enjoy? This is just a neglected topic. Therefore, the main purpose of mental health legislation is not only to develop mental health undertakings and standardize mental health services, but also to safeguard the legitimate rights and interests of patients with mental disorders. Therefore, the mental health law clearly stipulates that citizens' basic rights such as personal dignity and personal safety are inviolable, and their legitimate rights and interests such as education, labor, medical care, privacy and material assistance from the state and society are protected by law; The whole society should respect, understand and care for patients with mental disorders. No organization or individual may discriminate against, insult or abuse patients with mental disorders or illegally restrict their personal freedom.

2, clear mental health work related responsibilities.

The state actively develops mental health undertakings, and in order to effectively carry out mental health work, it is necessary to clarify the responsibilities of all relevant subjects. To this end, the Mental Health Law clearly stipulates that the mental health work shall implement a comprehensive management mechanism in which the government organizes and leads, the departments are responsible, the families and units try their best, and the whole society participates. The people's governments at or above the county level shall lead the mental health work, and the township people's governments and sub-district offices shall organize the prevention of mental disorders and promote the rehabilitation of patients with mental disorders according to the actual situation in the region; The health administrative department of the State Council is in charge of the national mental health work; The health administrative department of the local people's government at or above the county level shall be in charge of the mental health work in this administrative area. The departments of judicial administration, civil affairs, public security, education, human resources and social security of the people's governments at or above the county level shall be responsible for related mental health work within their respective functions and duties. At the same time, the mental health law also clarifies the responsibilities of social organizations and grassroots mass autonomous organizations, emphasizes the responsibilities of guardians, and encourages social forces to participate in the construction of mental health undertakings. In addition, it is worth mentioning that the Mental Health Law also specifically stipulates the responsibilities of prisons, detention centers, detention centers and compulsory isolation drug rehabilitation centers. The law emphasizes that attention should be paid to the mental health status of prisoners, legally detained persons, arrested persons and compulsory isolation drug addicts. We should not only publicize mental health knowledge, but also provide psychological counseling and counseling when necessary.

3. Establish a mental health promotion and mental disorder prevention system.

Mental health work implements the policy of putting prevention first and adheres to the principle of combining prevention, treatment and rehabilitation. For any disease, prevention is more important than treatment, so a special chapter of the Mental Health Law stipulates the system of mental health promotion and mental disorder prevention:

(1) Define the rights and responsibilities of all parties. Governments at all levels and relevant departments, social organizations, villagers' committees and residents' committees, employers, schools at all levels, medical and health institutions, prisons and other places have the responsibility and obligation to carry out mental health publicity and health education.

(2) Increase psychological assistance in the emergency plan. The people's governments at all levels and the relevant departments of the people's governments at or above the county level shall incorporate the contents of psychological assistance when formulating emergency plans, and organize psychological assistance work according to the specific circumstances of emergencies.

(3) Formulating the basic norms of psychological counseling. Psychological counseling and therapy are essentially different, so psychological counselors are not allowed to engage in psychotherapy or the diagnosis and treatment of mental disorders. If it is found that the person receiving counseling may suffer from mental disorder, he should be advised to see a qualified medical institution. Attention should be paid to protecting the privacy of consultants during psychological counseling.

(4) Establish a monitoring network and a working information sharing mechanism. The administrative department of health in the State Council shall establish a mental health monitoring network, formulate measures for the management of mental health monitoring and incidence reports of severe mental disorders, organize relevant monitoring and special investigations, establish a mental health information sharing mechanism, and realize information interconnection and sharing.

Legal basis:

People's Republic of China (PRC) Mental Health Law

Article 1 This Law is formulated for the purpose of developing mental health undertakings, standardizing mental health services and safeguarding the legitimate rights and interests of patients with mental disorders.

Article 2 This Law is applicable to the activities of maintaining and promoting citizens' mental health, preventing and treating mental diseases and promoting the rehabilitation of mental patients in People's Republic of China (PRC).

Article 3 Mental health work shall follow the principle of giving priority to prevention and adhere to the principle of combining prevention, treatment and rehabilitation.