The first case of mental health law: the patient sued the guardian and the hospital was allowed to leave the hospital.

  It is easy for ordinary patients to go through the discharge formalities on their own, but it took Xu Wei, who was once identified by the judiciary as suffering from schizophrenia, nearly five years for this.

  Xu Wei has lived in Shanghai Youth Psychiatric Rehabilitation Hospital for 15 years. Since 2012, Xu Wei, who felt that "his illness has not been repeated", began to try to leave the hospital, but he was repeatedly blocked. On May 6, 2013, Xu Wei sued his guardian and the Youth Rehabilitation Institute in the name of "infringement of personal freedom" and asked to leave the hospital. This is the first case brought to court according to China’s Mental Health Law after it was officially implemented. It was once called "the first case of mental health law" by the media. However, Xu Wei lost the case in the first instance and the second instance, and the retrial application was also rejected.

  It was not until July 6 this year that the Judicial Appraisal Center of the Ministry of Justice gave Xu Wei an appraisal opinion of "having full capacity for civil conduct", which made things turn for the better. Recently, China Youth Daily Zhongqing Online reporter learned from Xu Wei’s defense lawyer yangweihua that Xu Wei has been allowed to go through the discharge formalities by himself. On August 3, Xu Wei said in an interview with reporters that he wanted to solve his own life problems first after leaving the hospital.

  Refused to leave the hospital on the grounds of "without the consent of the guardian"

  Xu Wei filed a lawsuit shortly after the promulgation of the Mental Health Law on May 1, 2013. The law clearly stipulates that people with mental disorders have the right to obtain relief through judicial channels, that is, to sue medical institutions or other individuals.

  According to the final judgment of Shanghai No.1 Intermediate People’s Court, in 2000, Xu Wei, who was working in Australia, was sent back to China due to medical problems. Xu Wei was dissatisfied with Australia’s decision and went around defending his rights after returning to China. In 2003, Xu Wei had a dispute with his father because of trivial matters, and his nails scratched his father’s face. He was finally sent to the Youth Rehabilitation Institute and was diagnosed with schizophrenia.

  In an interview with the media, Xu Wei said many times that after treatment, his mental condition has stabilized and he can leave the hospital. The Youth Rehabilitation Institute insists that Xu Wei must get the consent of his guardian Xu Xing to leave the hospital — — In 2008, after his father died, his neighborhood Committee appointed Xu Wei’s eldest brother Xu Xing as the guardian.

  Xu xing has always disagreed. On May 6, 2013, Xu Wei sued Xu Xinghe Youth Rehabilitation Institute for "infringement of personal freedom".

  Xu Wei tried to discharge himself reasonably and legally through judicial channels, but all ended in failure. In fact, according to the Youth Rehabilitation Institute, as long as Xu Xing agrees, the Rehabilitation Institute promises to release people. However, at a coordination meeting organized by the rehabilitation center, Xu Xing said in public: "He’d better not come out."

  In 2015, before the final judgment, the court visited Xu Xing, Xu Wei’s biological mother, Xu Wei’s second brother and the cadres of their neighborhood committees. Because the latter three all said that they were unable to "monitor" Xu Wei after he was discharged from the hospital and could not bear the responsibility of the guardian, Xu Wei could only continue to be hospitalized under the "arrangement" of everyone.

  "Being a person with limited capacity for civil conduct after judicial appraisal" is the main basis for the court not to support Xu Wei’s appeal. In fact, Article 44 of the Mental Health Law stipulates that patients with mental disorders who are willing to be hospitalized can ask to be discharged at any time, and medical institutions should agree. However, the court of first instance held that Xu Wei was a mentally ill person with limited capacity for civil conduct and was involuntarily hospitalized. If he wanted to leave the hospital, he needed the consent of his guardian.

  On April 14, 2015, the Minhang District People’s Court of Shanghai ruled that Xu lost the case, the original judgment was upheld in the second instance, and the retrial application was also rejected.

  "You can’t say that a person can’t leave the hospital voluntarily just because he isn’t hospitalized voluntarily, can you?" Yangweihua, Xu Wei’s lawyer, once told the reporter of China Youth Daily and Zhongqing Online that this identification was not appropriate.

  The judicial expertise center determined that he had full capacity for civil conduct.

  Until July 30th this year, yangweihua, a lawyer, announced in Weibo that the judicial expertise had passed the determination that Xu Wei had full capacity for civil conduct. "After friendly communication, the Youth Rehabilitation Institute agreed that Xu Wei should go through the discharge formalities by himself, but the attorney must be present."

  According to the appraisal opinion of the Judicial Appraisal Center of the Institute of Judicial Appraisal Science and Technology provided by lawyers, "Xu Wei, the appraised person, suffers from schizophrenia and is in remission at present, so he should be assessed as having full capacity for civil conduct".

  Yangweihua told reporters that the judicial expertise was conducted three months ago. He got the appraisal result in early July and then communicated with the Youth Rehabilitation Institute. "The hospital has fully agreed to discharge him, as long as he applies." Yangweihua said.

  On August 3rd, the staff of the Youth Rehabilitation Hospital told the reporter of China Youth Daily and Zhongqing Online that Xu Wei was still in the rehabilitation hospital, but whether he could be discharged by himself, the staff said, "Ask Xu for himself".

  Xu Wei replied to the reporter that he had begun to prepare for the discharge procedure. He said that he received the appraisal results two weeks ago, and he was relatively calm at that time. "It’s just a belated justice."

  For the future, Xu Wei frankly said that he did not understand the situation outside the hospital and wanted to "solve the life problem first."

  Many parties have tried various ways to help him leave the hospital.

  Previously, in order to leave the hospital, Xu Wei and yangweihua thought about more than one solution.

  After losing the case for the first time, Xu appealed that he had recovered from his mental illness through treatment, and he did not need to continue hospitalization, and he was able to go through the discharge formalities on his own.

  After the case was made public, Li Shijie, a volunteer from Guangdong, also gave Xu Wei support. According to media reports, he sent six letters to the Shanghai court, requesting to file a case for Xu Wei to protect the rights of mental patients.

  Even so, the "mentally ill" request for discharge failed to get court support. On September 15, 2015, the Shanghai No.1 Intermediate People’s Court held that Xu Wei’s appeal was unfounded and rejected the appeal.

  However, this "discharge" action did not stop. In 2016, Xu Wei applied to the People’s Court of Putuo District, Shanghai for revocation of limited capacity for civil conduct and restoration of full capacity for civil conduct. In July of that year, the court refused to file a case on the grounds of "not providing the judgment of our court declaring you incompetent or limited in civil conduct".

  At the end of December 2016, Xu Wei filed a new lawsuit and applied to revoke the custody of his eldest brother Xu Xing. Yangweihua’s idea is to let Xu’s mother who agreed to discharge Xu replace Xu Xingcheng as the new guardian, and then let Xu be discharged in the name of Xu’s mother.

  According to the requirements of the trial procedure, Xu Wei needs to re-evaluate his civil capacity.

  Xu Wei has done two judicial appraisals in 2012 and 2014, and was identified as "limited capacity for civil conduct" and "capacity for litigation" respectively. The appraisal results did not clearly confirm that he had full capacity for civil conduct. Yangweihua, a lawyer, had no hope for this re-appraisal. To yangweihua’s surprise, this time, the judicial expertise found that Xu was "fully capable of civil conduct".

  At the end of July, Xu Wei withdrew the original application for revocation of Xu Xing’s custody and re-applied to the court to declare Xu Wei as a person with full capacity for civil conduct. Yangweihua said that the case has been accepted by the Putuo District People’s Court.

  "Actually, this is the best result for Xu Wei." Huang Xuetao, another defense lawyer in this case, believes that the judicial expertise opinion overthrew the previous determination that Xu Wei belongs to "limited capacity for civil conduct" and made him qualified as "free".

  Xu Wei said that he would leave the Youth Rehabilitation Institute after the things at hand were handled, "about a week or two later".

  (Xu Wei and Xu Xing are pseudonyms in the text)

Have you really eaten the special food along the Grand Canal? The last one is absolutely wonderful.

  Tired of takeout?

  Today, Xiaobian gives you a change of taste!

  Tofu that can be "drunk"? Cooking food with tea leaves? And the dish is called farewell my concubine?

  Special cuisine of cities along the canal

  Here we come ~

  01 Beijing

  Roast duck — — It is a famous Beijing dish with world reputation, which originated in the Southern and Northern Dynasties in China and belongs to court food.

  Although it is shiny and shiny, the high-quality duck meat, after being roasted with fruit, wood and charcoal fire, presents a mellow, fat but not greasy appearance for diners, and is known as "delicious in the world".

  02 Tianjin

  Guifaxiang 18th Street Twist — — Tianjin’s century-old dough twist shop, together with Tianjin Goubuli steamed stuffed bun and Erduoyan fried cake, is also called "Tianjin Three Musts". As the name implies, its shop was once located at 18th Street, Dagu South Road, so its name is "Guifaxiang 18th Street Twist", but people are more accustomed to calling it 18th Street Twist.

  Guifaxiang 18th Street Twist was recognized as "Chinese Famous Snack" at the first national famous snack recognition meeting, and was named "Chinese Time-honored Brand" by the Ministry of Internal Trade of China in 1996.

  In the center of Guifaxiang’s twist, there is a mixed stuffing crisp bar made of sesame, peach kernel, melon seed, green plum, osmanthus fragrans, green shredded pork and essence water. After deep-frying, it will also be accompanied by small materials such as rock candy, green red silk and melon strips on its surface. Layers of attack, showing a crisp and sweet taste.

  03 Cangzhou

  Hotpot chicken — — Originated in Cangzhou, Hebei Province, it is a well-known, very popular and affordable food in Cangzhou. When eating, you can also rinse with other dishes according to your own preferences, with accessories such as aged vinegar and garlic paste, which is rich in flavor and memorable.

  Spicy and delicious hotpot chicken with unique taste is an excellent side dish for next meal!

  04 Dezhou

  Braised chicken — — The first of the four famous chickens in China. Dezhou braised chicken production skills are listed as national intangible cultural heritage. In terms of its age, it has a history of more than 300 years! As early as the Qianlong period of the Qing Dynasty, Dezhou braised chicken was listed as a Shandong tribute and sent to the palace for the emperor and the royal family to enjoy!

  Dezhou braised chicken is famous all over the country because of its unique production method, rotten and boneless meat, delicious color, fat but not greasy taste, and is known as "the best chicken in the world"

  05 Linqing

  Tofu with pallets — — Because the seller always cuts it and sells it on a special rectangular board, it is called "pallet tofu". Especially in the morning of Linqing, customers holding pallet tofu for breakfast can be seen everywhere in the streets and lanes, which is not only nutritious, but also delicate, mellow and fragrant!

  After reading the pictures, are you thinking, "Isn’t this just an ordinary piece of tofu? Where can’t I eat it?" All wet!

  Tofu with a pallet is made of superior soybeans, which are peeled and soaked, ground into juice, filtered out with cloth, boiled in a pot, and carefully ordered with brine. The most important thing is that it should be "drunk" and eaten. Its tenderness basically does not require chewing. It is a traditional food suitable for all ages.

  Friends who love tofu must not miss trying this unique way of eating, sweet and delicious plate tofu!

  06 Yangzhou

  Lion head — — A traditional dish in Huaiyang Cuisine in Yangzhou, Jiangsu, China Province. Legend has it that the lion’s head practice began in the Sui Dynasty. When Emperor Yangdi was on a lucky trip, the chef made four dishes, including sunflower chop meat and sunflower meatballs, with the theme of four famous scenic spots in Yangzhou.

  The meat of lion’s head is fresh and tender, fragrant and mellow, crisp and delicious, suitable for all seasons. Some Song people praised its delicious taste with the poem "But one cup is matched with two crabs, and there are really Yangzhou cranes in the world".

  07 Suzhou

  Shrimp with snails — — Suzhou, Jiangsu, a traditional famous dish, as its name implies, mainly uses shrimp as the main ingredient and skillfully uses Biluochun as the ingredient. Using the fragrant tea juice of New Biluochun as seasoning, it is cooked with shrimps. The delicious taste of shrimps and the fragrance of famous tea complement each other.

  Shrimp is as white as jade, and tea leaves are decorated in it. The entrance has a fresh tea fragrance, fresh and tender teeth, and a little sweetness. This combination is bold and delicious, which makes people "love it"!

  08 Hangzhou

  West Lake Vinegar Fish — — Also called Uncle and Sister-in-law Chuan Zhen, Song Saoyu. On September 10, 2018, "Chinese food" was officially released, and "West Lake vinegar fish" was rated as one of the top ten classic dishes in Zhejiang.

  West Lake vinegar fish usually uses grass carp as raw material and is cooked. The surface is covered with a layer of smooth and oily sweet and sour, and the fish is tender and beautiful. If you taste it carefully, there will be a crab-flavored surprise, which is sweet and sour and intriguing.

  09 Xuzhou

  Farewell my concubine — — This dish was created by the people in Xuzhou area to commemorate Xiang Yu, a hero of Chu who made great contributions to overthrowing the rule of Qin Dynasty, and to miss Yu Ji, a peerless beauty who was deeply concerned about the country and was righteous and upright, and has been passed down to this day.

  At present, soft-shelled turtle and chicken are the main ingredients, and the soup is clear, fresh and mellow. The meat of chicken and soft-shelled turtle is tender, crisp and rotten, and rich in nutrition, which is the best in the banquet.

  Its nutritional value can be imagined, and it is one of the good choices for people who need dietotherapy, such as malnutrition, chills, fatigue, irregular menstruation and anemia. But it doesn’t mean it is suitable for everyone. Please call a professional doctor for the specific operation ~

  Well, that’s all for today’s "food report". Bring your eager stomach and feel the food culture of the Grand Canal!