Reporter correspondent Gu Shengli
Psychopaths often hurt people.
Recently, Ding Guoyu, a native of Zhoujiazhai Village, Baizhai Town, xinmi city, was sued by the procuratorate for allegedly intentionally injuring three people, but the prosecutor knew that the court would not give him a severe sentence because Ding Guoyu was mentally ill at the time of committing the crime and was a person with limited liability.
"Once he is released into the society, it will be another untimely bomb, and maybe it will explode again." Chen Songpo, Deputy Procurator-General of xinmi city Procuratorate, said with concern, "Since 2008, there have been two criminal cases 1 2 in xinmi city. Once a mental patient commits a crime, he is often unable to bear criminal responsibility and economic compensation because of his lack of responsibility. For the victims, this is tantamount to adding insult to injury. "
In fact, across the country, from the end of 2009 to the beginning of 20 10, there have been many tragedies created by "martial maniacs", which shocked the society.
June165438+1October 65438+June 2009, Chen Wenfa, a schizophrenic man in Wumeng Township, Luquan County, Kunming City, Yunnan Province, killed six family members. At 5 o'clock on February 12 of the same year, villagers of Shu Qi Formation 13 in Yinshanpai Village, Gaoming Township, Anhua County, Hunan Province were shot, chopped and burned to death, and 1 person was seriously injured, and several houses were set on fire. The suspect Liu was exposed to a history of mental illness. On April 12 this year, Yang Jiaqin, who suffered from depression in Xichang Town, Hepu County, Guangxi, committed a murder case at the gate of a primary school, causing two deaths and five injuries, including several primary school students.
Chen Songpo said that for a long time, many specialized psychiatric hospitals refused to accept "mental patients" for various reasons, resulting in these "untimely bombs" being supervised by relatives. Their relatives often give up treatment because they can't afford it, or even simply push them out of the door and let them wander. This is undoubtedly a big hidden danger in society. In addition, even though many mental patients are sentenced after committing crimes, after serving their sentences, most of them are not sent to designated hospitals for compulsory treatment for various reasons, but return to society, resulting in more and more phenomena that mental patients continue to endanger society.
The dilemma of letting go and not letting go
Zhao Zengfeng, a policeman from Zhongyuan Branch of Zhengzhou Public Security Bureau, said that in the late 1990s, a mental patient killed a child in the rural area of Chengjiang County, Yunnan Province. After being identified as a mental illness by the judicial organs, he can't be convicted, and his family can't treat and monitor him because of financial difficulties, so he can only continue to move freely outside. A year later, the mental patient killed six more children because he thought these children were "aliens". In this way, the local police can't handle it, so they can only illegally detain for a long time and limit their activities.
Zhao Zengfeng said: "At present, there is no special mental health laws and regulations for the public security departments in the management of mental patients. The only legal provisions that the police can rely on are Criminal Law, Regulations on Administrative Penalties for Public Security and People's Police Law. There is no legal basis for detaining the mentally ill who caused trouble in the trial, and the exemption can't be released and can't be explained to the society, which puts us in a dilemma. Many mental patients are exempt from criminal punishment because they have no legal responsibility, and being admitted to shelters is very unfavorable to their treatment and even worsens their condition; And letting them return to society will become a hidden danger and unstable factor of social security. "
"In fact, we all hope that the suspect is a normal person, so that the sentence will be judged, and the shot will be shot, and our work will be easy." Zhao Zengfeng said helplessly.
Guo Baozhong, the attending doctor of Zhengzhou 153 Hospital, said that mental disorders rank first in the total burden of diseases in China. According to the international disability-adjusted annual index, the health status is measured and the overall burden of various diseases is evaluated. In the ranking of total disease burden in China, mental disorders have surpassed cardiovascular and cerebrovascular diseases, respiratory diseases and malignant tumors. Various mental problems account for about 1/5 of the total burden of diseases, that is, 1/5 of all disabilities and labor losses caused by diseases and injuries. However, only a few of these patients can get treatment and supervision. However, mental patients who have not been treated and supervised have been left out in the cold for a long time, resulting in a high incidence of mental patients.
High cost hinders care.
Behind the incident of "martial madman" wounding, the high cost and limited medical conditions are the important reasons why these violent mental patients are not treated and effectively managed. According to reports, mental illness has actually ranked first in the burden of various diseases in China.
The reporter learned from the relevant hospitals that a "martial madman" has a monthly hospitalization fee of at least 1000 yuan and several thousand yuan. Such a high cost is beyond the reach of many families. Especially in rural areas with backward economic conditions, many villagers have to lock up patients when their families are mentally abnormal, and some simply ignore them because they can't afford medical expenses.
Wang Pin, a prosecutor in xinmi city, believes that the existing laws, assistance to the mentally ill and imperfect supervision system are the main reasons for the high crime rate of "martial madman".
Wang Pin said that according to China's criminal law, mental patients do not have to bear criminal responsibility for committing crimes during the onset. Generally speaking, after a mental patient commits a crime, the relevant departments either take compulsory treatment or simply release him and return to society. Most family members of mental patients know that their family members have mental illness, but they suffer from lack of money or other reasons and have not been treated in time. For mental patients with violent tendencies, guardians often use ropes, cages or locked rooms all day, but this is often condemned by public opinion and may face the risk of legal punishment. At the same time, if mental patients are tied up or imprisoned for a long time, their temper will often become more violent and they will be more likely to cause trouble after fleeing.
Mental health legislation needs to be accelerated.
"In dealing with emergencies of mental patients, the current social emergency plan is still far from perfect. Mental illness is a public health problem, which needs the participation and cooperation of public security, civil affairs, social labor security, health and other departments. It is suggested that the relevant departments should formulate compulsory medical regulations for mental illness in order to make some' murder tragedies' that should not have happened disappear. "Liu Bingkun, Deputy Procurator-General of xinmi city Procuratorate, said that at present, there are more than 60,000 mental patients160,000 in China, among which160,000 to 32,000 are violent. The cases of mental patients causing a large number of casualties have become increasingly prominent, which has become a major hidden danger of social security. Liu Bingkun said that Article 18 of China's Criminal Law stipulates that a mental patient who causes harmful results when he can't identify or control his own behavior, if confirmed by legal procedures, will not bear criminal responsibility, but his family members or guardians should be ordered to take strict care and medical treatment; When necessary, the government forces medical treatment.
"When is the" necessary time "? The law has no clear explanation for this. " Liu Bingkun analyzed that Article 10 of the Regulations on Detention Centers clearly stipulates that people with mental illness will not be accepted, and the Law on Public Security Administration Punishment does not stipulate compulsory medical treatment for mental patients. Many mental patients who have committed violent acts are still in a "free state" because their family members are poor or unable to monitor them, which brings great hidden dangers to social security.
"In view of the seriousness and complexity of the mental health situation in China, it is suggested to formulate a special mental health law to comprehensively stipulate the subject, object, responsibility, procedures and funds of mental health prevention and control. This is the root of solving the problem, but China's special mental health law has been brewing for more than 20 years and has not yet been introduced. " Liu Bingkun said that in this context, while vigorously strengthening the construction of mental medical institutions and personnel, based on existing medical resources and related institutions, we should first strengthen the prevention and treatment of severe patients with violent tendencies among mental patients, and after a certain period of continuous construction and experience accumulation, lay the foundation for the introduction of the mental health law.
To this end, Liu Bingkun suggested that the Regulations on Compulsory Medical Treatment for Mental Illness should be promulgated as soon as possible, clearly stipulating the subject and responsibility, conditions, procedures, termination and funds of compulsory medical treatment for mental illness. At the same time, the government funded the establishment of a special relief fund for victims of mental health diseases to help patients with severe mental illness and families suffering from mental illness who cannot get corresponding compensation.
It is suggested that it should be brought into the comprehensive management of social security.
Guo Baozhong said that mental patients are divided into three types: impulsive attack, extreme paranoia and decreased social ability. In particular, impulsive attacks are more harmful to society. Patients with impulsive attacks often have hallucinations, depression and fear. They always feel that someone wants to hurt them and attack people around them in self-defense. People are always suspicious. In order to avoid the harm of mental patients to society, family members and neighbors, family members should observe patients' behaviors, such as depression and fear, and consider seeing a doctor. Early treatment of mental illness can achieve good results. When the patient is found to have aggressive behavior, he should be sent to the hospital for treatment in time, and if necessary, he can call 1 10 for help.
Zhang Jiancheng, an associate professor at the Provincial School of Political Science and Law Management, suggested that the state should bring the management of mental patients into the comprehensive management of social security, and all departments should attach great importance to it. The health system is responsible for the promotion of basic knowledge of mental health and the basic treatment of mental illness; Civil affairs departments provide voluntary assistance to mental patients with financial difficulties; When the public security department encounters a crime committed by a special mental patient, it shall implement compulsory supervision and compulsory treatment. At the same time, the grass-roots police station should strengthen the contact with the community, establish a community-based network monitoring system, find the symptoms of mental patients as soon as possible, and urge guardians to restrain and treat them. The state can also set up a fund to pay for the treatment of mental patients.
It is understood that as of March 20 10, there were only 1.6 million registered psychiatrists in China, with an average of 1 .26 psychiatrists per110,000 people. There are less than 1000 psychiatric hospitals at or above the prefecture level in China, and the gap of psychiatrists is 90%. At least 56 million people with various mental disorders in China have not received any related medical services, even if it is serious. Therefore, the government should increase the construction of psychiatric institutions and medical teams according to actual needs; It is necessary to strengthen social propaganda, create an atmosphere of social care, do a good job in the prevention of mental illness, and let mental patients find and treat early.