ABSTRACT

The book，composed of an introduction，ten chapters，and an appendix（Amendment Proposals for Mental Health Law of PRC），has critically reviewed the status of theoretical research and legislation on mental health law，and has explored profoundly the problems existing in Mental Health Law of PRC with amendment proposals for specific provisions of the Law．Main points of views are as follows：

There are conflicts of rights in mental health relations，i．e．the conflict between the patients’rights to health and their rights of freedom and autonomy，and the conflict between the patients’rights to freedom and autonomy and the right to safety of other human beings．The legitimacy and ethical mission of mental health legislation lie in the recognition of the human dignity shared by mental disorder patients or suspects with mental disorder，and safeguard of their fundamental human rights．

The right to health and informed consent of mental disorder patients are the significant contents of human rights protection．To establish a good system of medical and health safeguard for mental disorder patients in China，supportive decision making and advance medical directives are to be adopted in China，and the current substitution decision making mechanism needs to be refurbished．Furthermore，the current system for the determination of guardians for mental disorder patients is too compli－cated，time－consuming，and elaborate to meet the medical needs in emergency，and thus a protective person determination procedure including the selection of the protective person and their performance of duties is to be adopted．(https://www.daowen.com)

The legal governance of involuntary hospitalization of mental disorder patients is the critical issue of human rights protection．Involuntary hospitalization shall follow such principles as involuntary hospitalization according to laws，balance of legal interests，proportion，minimum restriction，medical purpose，beneficence，and judicial review．The legislation on mental health shall embody such principles and strictly regulate the substantive and procedural requirements for involuntary hospitalization of mental disorder patients．

The diagnosis and treatment of mental disorder shall subject to judicial review including reviews of diagnosis，hospitalization procedures and treatment methods．The purpose of such judicial review is to check whether there is excessive or improper use of diagnosis and treatment powers of mental health practitioners．Legislation efforts shall be made in structuring mechanisms in litigation rights of patients with mental health disorder and their authorization of attorneys and legal assistance for such patients．