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)

Maserati ranks last in the top ten sports cars in the world, and the first place is it.

One,

, an Italian sports car brand with a history of more than 100 years. Known for producing the best and fastest cars in the world, any car produced by Bugatti is like a work of art, its engine is all made and adjusted by hand, and all parts that can be lightened are spared, paying great attention to the details and balance of the vehicle.

Second, McLaren

McLaren brand was born in Britain, which is a super-running brand with road sports cars as the mainstay. In today’s civilian sports car market, McLaren is still the leader of British local brands. In the design of the whole vehicle, the taillights are deeply decorated, and the taillights form a vivid outline of the original tail contour, which is more impactful in visual sense.

Third, Jaguar

Jaguar is a British luxury car manufacturer. The logo of the car is a "Jaguar" that is jumping before jumping. Since its birth, it has been highly respected by the British royal family. The whole brand has always been committed to providing users with elegant, charming and dynamic cars, and many classic models have emerged in different periods of its historical development, which has established the position of Jaguar brand to lead the fashion trend.

Koenigsegg, Koenigsegg, Koenigsegg

() is a small factory that builds super sports cars by hand, aiming at making the fastest car in the world. Because the company’s positioning is to create personalized super sports cars for a few people, the output and price are unbearable for ordinary people, and the basic price is tens of millions, and it is also a global limited supply.

V. Porsche

Porsche is probably the most familiar brand, and the most common one on the street is Porsche. It is a German famous car brand, which is famous in the world for producing high-end sports cars. Every car and every spare part of it, even a screw, are designed and manufactured according to the standards of racing cars, which can still ensure its function and durability even in extreme situations.

Vi. Audi

Audi is an internationally famous luxury car brand, and it is also a brand that many people will choose when buying a car. Its high technical level, quality standards, innovative ability and classic car styles make Audi one of the most successful luxury car brands in the world.

Seven, Pagani Pagani

(Pagani Automobili S.p.A) is a world-renowned supercar manufacturer. The supercars produced by Pagani Automobili are world-famous for their extreme performance, exquisite craftsmanship, expensive price and rare output of order production.

Viii. Lamborghini

() is an Italian sports car manufacturer. Its symbol is a bullfight that is full of power and attacking the opponent. It is in line with the characteristics of its high-powered and high-performance sports car. Every corner and line on the car body is so passionate that it silently interprets Lamborghini’s almost primitive wild beauty.

Nine, Ferrari

Ferrari is an Italian brand and a world-famous manufacturer of racing cars and sports cars. The biggest feature of Ferrari is its excellent handling and performance. Every sports car is equipped with a high-performance engine. Compared with other cars, every Ferrari car can be said to be a wonderful work of art.

X. Maserati

Maserati is an Italian luxury car manufacturer. With the development of the times, Maserati conforms to the needs of the times and applies its achievements in racing research and development to the development of road sports cars. When luxury and unrestrained sports nature are perfectly integrated, comfort and passionate driving pleasure are equally important, generations of models condense their unique brand essence and connotation.

An important step has been taken in Syrian national reconciliation! These three countries have increased their influence in the Middle East.

       CCTV News:On the 22nd, the eighth round of Astana peace talks on Syria ended in Astana, the capital of Kazakhstan. In this round of peace talks, the date of the Syrian National Dialogue Conference, which has attracted much attention from the outside world, was finally finalized, and new ways were added to the political settlement of the Syrian issue.

one

Astana peace talks (data map)

       This round of peace talks lasted for two days, including representatives from the UN Special Envoy for Syria, De Mistura, Russia, Turkey, Iran, the Syrian government and the opposition. At the plenary session, Kazakh Foreign Minister Abdrakhmanov read out a joint statement issued by Russia, Turkey and Iran, the guarantor countries of the Syrian ceasefire mechanism, saying that the parties to the Syrian conflict will hold a Syrian national dialogue meeting in the southern Russian city of Sochi from January 29 to 30, 2018.

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United Nations Special Envoy for Syria De Mistura(data map)

       In addition, representatives of the United Nations, the International Red Cross and the World Health Organization will attend the meeting as observers. In order to coordinate the final list of participants, the three ceasefire guarantor countries will hold a preparatory meeting for the National Dialogue Conference from January 19 to 20.

       Undeniably, it is an important step to hold the Syrian National Dialogue Conference, which has also given the international community new hope. However, it is still difficult to answer these questions, such as whether the Conference can achieve the expected results, where the conflict that lasted for more than six years will go, and how far it is from achieving the ultimate goal of peace.

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Damascus, Syria, was in ruins under the war.(data map)

       [Background] Astana Peace Talks

       Since January 23 this year, as one of the main ways to solve the Syrian crisis politically, Astana peace talks have been held for seven rounds, and many important consensuses have been reached on the settlement of internal conflicts in Syria, including urging all parties in Syria to cease fire and establishing a "conflict relegation zone". The seventh round of Astana peace talks on Syria at the end of October affirmed the previous decision to establish a conflict relegation zone in Syria, and discussed the formation of a Syrian national dialogue conference.

       Different from the Geneva peace talks led by the United Nations, the Astana peace talks were convened by Russia, Turkey and Iran, with the goal of achieving a permanent ceasefire between the Syrian government and anti-government forces and creating conditions for political negotiations. Although they are all concerned about the Syrian issue, the Astana peace talks and the Geneva peace talks have their own emphases. The focus of the Astana peace talks is to urge and maintain the Syrian parties to achieve a ceasefire, while the Geneva peace talks focus on Syrian political negotiations.

       The analysis pointed out that several rounds of Astana peace talks and their achievements have obviously enhanced the influence of Russia, Turkey and Iraq in the Syrian crisis, and also laid the foundation for the Syrian peace talks held in Geneva.