Citation

Shao Y, Xie B. J. Am. Acad. Psychiatry Law 2015; 43(1): 35-44.

Affiliation

Dr. Shao is a psychiatrist and Dr. Xie is Medical Director, Shanghai Mental Health Center, Shanghai Jiao Tong University School of Medicine, Shanghai, China. xiebin@smhc.org.cn.

Copyright

(Copyright © 2015, American Academy of Psychiatry and the Law, Publisher American Academy of Psychiatry and the Law)

DOI

unavailable

PMID

25770277

Abstract

A systematic analysis of laws on involuntary commitment of mentally ill individuals in China has never been undertaken. In this article, we explore the trajectory of the legislation and discuss the social and cultural factors underlying the changes in the laws. In this description and analysis of the differences and similarities in the current legal framework and procedures for involuntary commitment of the mentally ill across the mental health regulations of seven localities and the National Mental Health Law, one can see a gradual trend toward more stringent legislation during the past 10 years. The compromises, reversals, and circuitous course of the legislative process reflect the difficulties that the government faced in achieving a balance between benefits to society and the individual as it attempted to revamp the delivery of mental health services. The 2012 National Mental Health Law, despite some weaknesses, is an important step toward standardizing the diverse practices in involuntary admission of mentally ill persons in China. Further research on the influence of the National Law on mental health services is clearly needed.

Language: en