Liu Baiju, a member of the Chinese People's Political Consultative Conference and a researcher at the China Academy of Social Sciences, told reporters: "The right to hospitalization is the most important right for patients with mental disorders. On the one hand, patients with mental disorders have the right to receive treatment and care; On the other hand, mental disorders are different from physical diseases. If patients with mental disorders do not feel pain themselves, the mental disorders they suffer do not harm their health or lead to death, and they are unlikely to harm themselves or others, they may not be treated and hospitalized, and outsiders may not interfere. At present, the right of hospitalization for patients with mental disorders is generally recognized internationally. The United Nations Principles for Protecting Patients with Mental Illness and Improving Mental Health Care clearly stipulates the right of patients with mental disorders to be hospitalized and receive treatment. " However, Liu Baiju also pointed out that the right to hospitalization for patients with mental disorders is not absolute. Under special circumstances, in order to protect the public interests and the fundamental interests of patients with mental disorders, patients with mental disorders can also be involuntarily hospitalized. One is safe and compulsory hospitalization. Based on humanitarianism, it should be given to the mentally handicapped who are socially dangerous and those who may commit suicide or self-harm. The other is to rescue involuntary hospitalization. In order to protect the fundamental interests of patients with mental disorders, patients with mental disorders who are seriously ill and may be in danger of survival if they are not hospitalized, or who cannot take care of themselves or protect themselves, and whose identity is unknown and no one cares for them, should be admitted to mental health medical institutions for treatment.

Professor Yang Xiaojun of National School of Administration believes that compulsory treatment actually contains the nature of restricting personal freedom, and the restriction of citizens' basic rights usually needs to follow the principle of proportionality, that is, the restriction of citizens' basic rights should meet the requirements of necessity, purpose and appropriateness. Therefore, he believes that there is room for discussion whether it is necessary to send people with normal appearance but actually suffering from mental illness to the hospital for compulsory treatment and whether it conforms to the principle of proportionality.

Another expert believes that although the law does not stipulate, it does not mean that there is no constraint on sending others to a mental hospital for compulsory treatment. Legally speaking, there is no behavior explicitly prohibited by law, and citizens can do this behavior without restraint. However, the act of restricting citizens' rights and depriving others of their freedom must be based on the law, that is, it can never be said that it can be done without legal prohibition, especially for units and organizations with public power relative to individuals, which should be strictly restricted. Obviously, if a mental patient is not dangerous to himself or others, no unit or organization has the right to force him to be hospitalized; Otherwise, it will infringe upon the legitimate rights and interests of others, such as the right to treatment and hospitalization, and should bear corresponding responsibilities.

Yang Xiaojun: According to the principle of civil law, restricting the civil rights of mental patients requires judicial procedures. Restricting personal freedom has the same legal effect as restricting civil rights, and involuntary hospitalization of mental patients also requires judicial procedures or similar procedures. Because compulsory treatment of mental illness involves restricting personal freedom, according to the principle of "legal reservation" in Article 8 of the Legislative Law, all compulsory measures restricting personal freedom can only be prescribed by law.

Liu Baiju: We can imagine how to stipulate the relevant procedures of two involuntary hospitalization systems in law. (1) In compulsory public security hospitalization, the public security organ can only force mental patients to be admitted to the hospital after receiving a report from anyone, and it is considered necessary after examination, and more than two independent forensic psychiatrists reach an agreement. In an emergency, in order to prevent people with mental disorders from immediately committing harmful behaviors, the public security organ may impose temporary (no more than 24 hours) restrictive measures on people suspected of mental disorders, and the public security organ may also transfer the people suspected of mental disorders to mental health medical institutions for temporary (no more than 3 days, which may be extended to 7 days if necessary) compulsory observation and treatment. (II) In rescuing involuntary hospitalization, if the family members, guardians, public security organs and civil affairs organs of patients with mental disorders request hospitalization from mental health medical institutions, the mental health medical institutions receiving treatment shall apply to the health administrative organs, and the health administrative organs shall designate two or more mental medical experts outside the mental health medical institutions for evaluation. Mental health medical institutions can implement temporary (no more than 3 days, and can be extended to 7 days if necessary) compulsory observation and treatment for patients with mental disorders or suspected mental disorders before evaluation.

No matter what involuntary hospitalization measures are applied, the mental state of the mentally handicapped who are forced to be hospitalized should be reviewed regularly; Patients with mental disorders who are involuntarily hospitalized, their families or guardians have the right to appeal to the competent authorities and demand that compulsory hospitalization be lifted within a certain period of time.

Article 238 of the Criminal Law stipulates that illegally detaining others or illegally depriving others of their personal freedom by other means constitutes the crime of illegal detention.

Professor Ma, School of Criminal Justice, China University of Political Science and Law: First of all, it depends on whether the patient really has mental illness. If the patient is not mentally ill after identification and the sender knows this, then the behavior of the sender and the mental hospital may belong to illegal detention.

Professor Wang from the Law School of Renmin University of China: Even if there is no mental illness, it is difficult to pursue criminal responsibility. First of all, it is very difficult for those who are forced to be sent to a mental hospital to prove their subjective intention of illegal detention, because doctors can say that they treat patients with good intentions, while mental hospitals may say that they were misdiagnosed, or that they were really sick at that time and have now been cured. Secondly, the unit or organization that makes the decision to send the patient to the hospital is often carried out in the name of the unit, and there is no unit crime in the crime of illegal detention. If the unit forces the patient to be hospitalized without the consent of the patient's relatives, it is really inappropriate in practice, but it still does not reach the level of criminal responsibility.

To sum up: first, hurt others; Second, hurt yourself. Based on these two points, it can be sent to the hospital by force.