33-003 · EVIDENCE A · LOW-RISK READING
Hospitalization for mental disorders is voluntary; only two exceptions allow admission without consent
精神障碍住院以自愿为原则，只有两种情形可以不经本人同意
No cost involved. Memorize these two exceptions so you can cite them when needed.
Family members or employers cannot force someone to stay in a psychiatric hospital indefinitely. The law permits admission without consent only in two specific cases: when the person has already harmed or is at risk of harming themselves, or when they have already harmed or are at risk of harming others. In the first case, hospital admission still requires guardian approval; otherwise it is not allowed. If someone disputes the diagnosis, they may request a second evaluation within three days, and later can hire an independent medical expert for a formal assessment.
A
Move “Hospitalization for mental disorders is voluntary; only two exceptions allow admission without consent” to Future Me's calendar
The excuse
One more exception feels free because the bill arrives outside the current scene.
What feels good now
Today I keep a few minutes and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “Family members or employers cannot force someone to stay in a psychiatric hospital indefinitely. The law permits admission without consent only in two specific cases: when the person has already harmed or is at risk of harming themselves, or when they have already harmed or are at risk of harming others. In the first case, hospital admission still requires guardian approval; otherwise it is not allowed. If someone disputes the diagnosis, they may request a second evaluation within three days, and later can hire an independent medical expert for a formal assessment.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
Open the original entry, check who the evidence applies to, then pick one small step that fits.
THE ENGLISH EDITION
Original recommendation and evidence
3. Hospitalization for mental disorders is voluntary; only two exceptions allow admission without consent
Cost: No cost involved. Memorize these two exceptions so you can cite them when needed.
In plain terms: Family members or employers cannot force someone to stay in a psychiatric hospital indefinitely. The law permits admission without consent only in two specific cases: when the person has already harmed or is at risk of harming themselves, or when they have already harmed or are at risk of harming others. In the first case, hospital admission still requires guardian approval; otherwise it is not allowed. If someone disputes the diagnosis, they may request a second evaluation within three days, and later can hire an independent medical expert for a formal assessment.
Benefit: Article 30 of the Mental Health Law states that “hospitalization for mental disorders shall be voluntary.” Admission is mandatory only when diagnostic findings and clinical assessments confirm that the individual has a serious mental disorder and meets one of two criteria: (1) they have already attempted or are at risk of attempting self-harm, or (2) they have already harmed or are at risk of harming others. Article 31 adds that in the first scenario, admission requires guardian consent; otherwise it is prohibited. Article 32 permits anyone who disputes the diagnosis to request a second evaluation within three days, conducted by psychiatrists other than those who made the original diagnosis; further disagreement may be addressed by hiring a legally licensed medical expert. Article 35 stipulates that if subsequent evaluations show the person does not meet criteria for serious mental disorder or does not require hospitalization, admission must be halted. Article 78 also holds liable anyone who knowingly admits a non‑patient to a psychiatric facility; this law took effect on 1 May 2013 and was amended in 2018.
Evidence grade: A
Sources: Mental Health Law of the People's Republic of China (amended in 2018, Article 30, Article 31, Article 32, Article 35, Article 78). <https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7448a066d>
Notes: It is essential to clarify both sides of this rule; otherwise it could be misread as “no one can ever be admitted.” Article 28 mandates that close relatives, employers, or local police must intervene immediately if a suspected patient shows signs of self‑harm or harm to others, and must arrange for a medical evaluation; hospitals must comply with such requests. Thus, “being evaluated” and “being hospitalized” are separate steps, each with its own threshold. Article 75 outlines penalties for hospitals that improperly restrain patients or misdiagnose healthy individuals; violators may face sanctions up to revocation of their license. Guidance on handling situations where someone exhibits violent tendencies can be found in Section 8.
Read the complete Chinese source and notes
3. 精神障碍住院以自愿为原则，只有两种情形可以不经本人同意
成本: 不花钱。把两条情形记住，需要时能说出口。
说人话: 家属或单位一句话，不能把一个人留在精神病院住院。法律只认两种情况：已经伤害自己或有这个危险，已经危害别人或有这个危险。第一种要监护人同意才能收。对诊断有异议的，三天内可以要求再次诊断，之后还能自己委托鉴定。
收益: 《精神卫生法》第三十条写明「精神障碍的住院治疗实行自愿原则」。只有诊断结论和病情评估表明就诊者是严重精神障碍患者、并且有下列情形之一的，才应当实施住院治疗。一是「已经发生伤害自身的行为，或者有伤害自身的危险的」。二是「已经发生危害他人安全的行为，或者有危害他人安全的危险的」。第三十一条：属于第一种情形的，经监护人同意医疗机构才实施住院治疗，监护人不同意的不得实施。第三十二条：属于第二种情形而本人或者监护人有异议的，可以要求再次诊断，应当自收到诊断结论之日起三日内提出，由二名初次诊断医师以外的精神科执业医师作出；对再次诊断结论仍有异议的，可以自主委托依法取得执业资质的鉴定机构做精神障碍医学鉴定。第三十五条：再次诊断结论或者鉴定报告表明不能确定为严重精神障碍患者、或者患者不需要住院治疗的，医疗机构不得对其实施住院治疗。第七十八条：将非精神障碍患者故意作为精神障碍患者送入医疗机构治疗的，依法承担赔偿责任（全国，2013 年 5 月 1 日起施行，2018 年修正）
证据等级: A
来源: 中华人民共和国精神卫生法（2018 年修正，第三十条、第三十一条、第三十二条、第三十五条、第七十八条）. <https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7448a066d>
备注: 反过来，也不是谁都不能送医。第二十八条规定，疑似精神障碍患者已经发生伤害自身、危害他人安全的行为，或者有这个危险的，其近亲属、所在单位、当地公安机关应当立即采取措施予以制止，并将其送往医疗机构进行精神障碍诊断。医疗机构接到送诊的，不得拒绝作出诊断。所以「送去做诊断」和「留下来住院」是两道门，前一道低，后一道高。第七十五条列了医疗机构的责任，违反规定实施约束隔离、把非精神障碍患者诊断成精神障碍患者，要被处分直至吊销执业证书。身边人有伤人冲动时怎么办，见第 8 节。
YOUR PRIVATE LIST