关键词: 精神障碍, 监护, 民事强制住院, 民事行为能力

Abstract: At present,many countries in the world links legislation relating to compulsory hospitalization of metal patients with guardian law. The guardian system plays an important role in protecting mental patients, who lack civil capacity, and in providing necessary condition for hospitalized patients.In China, because the legislation in this regard is lagging behind, this has resulted in many acts that the mentally ill are compulsorily hospitalized, the freedom and health rights of metal patients are not adequately taken care of, or even infringed. Medical malpractice disputes and litigation are also increasing. The author tries to do some deconstruction analysis of the mental patients civil compulsory hospitalization ,with a view to provide some legislative proposals to establish the system of mental patients civil compulsory hospitalization of suitable to the situation of our country and to further improve the protection of mental patients'rights.

Key words: Mental Patients, Gardian, Civil Compulsory Hospitalization, Civil Capacity