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)

The Fifty-second Theory of Digital Expo: Big Data —— "New Engine" for High-quality Development

  Cctv news: At the opening ceremony of 2018 China International Big Data Industry Expo, the General Secretary of the Supreme Leader personally sent a congratulatory letter. The congratulatory letter clearly pointed out: "Focusing on building a network power, a digital China and a smart society, fully implementing the national big data strategy will help China’s economy shift from high-speed growth to high-quality development." The General Secretary profoundly analyzed the current situation and trend of big data development, put forward clear requirements for implementing the national big data strategy and accelerating the construction of digital China in light of China’s actual situation, actively pointed out the direction for the strategy of making good use of big data and winning the development of the new era, and marked that the Digital Expo and Guizhou’s big data development career stood at a new starting point and entered a new journey.

  Big data drives high-quality development

  Data is the new oil and the most precious property in this century. "whoever has the data will have the initiative." As the first national-level big data comprehensive experimental zone in China, from 2013 to 2018, Guizhou has won the status of a pioneer with innovation among the provinces in the country, from scratch, to take root, and then to the wind and water. Guiyang, a "provincial capital city with no sense of existence", has achieved phoenix nirvana with big data in a few years, making the world sit up and take notice. In 2017, Guiyang proposed to build a "China Valley" to create an upgraded version of big data development. In 2018, Guiyang issued an implementation opinion, taking the development of digital economy as a new engine to accelerate the conversion of old and new kinetic energy and promote high-quality development. The butterfly change in just a few years has become a huge gravitational field. Here, the epitome of "Digital China" is converging.

  "Everything can be digitized", which promotes quality change and creates unlimited opportunities for integrated development. In recent years, Guiyang has taken the information infrastructure construction as the support, the promotion of data convergence as the basis, the Internet and big data as the focus, the informationization and digital transformation as the core, and the "introduction of thousands of enterprises" and "transformation of thousands of enterprises" as an important starting point to accelerate the transformation and upgrading of traditional enterprises.

  By the end of 2018, Guiyang had implemented 589 integration projects with a total investment of 38.08 billion yuan, launched 36 provincial-level benchmarking projects and 300 municipal-level integration demonstration projects, and organized the evaluation of the integration degree of 3,569 enterprises. Guiyang has promoted the integration of big data and the real economy, and the transformation of old and new kinetic energy has continued to accelerate, which has promoted the integration and upgrading of tourism, commerce, logistics, finance, transportation and other industries in the city to a platform-based, intelligent and shared type.

  Big data improves quality and efficiency to achieve dynamic change.

  Big data is like a catalyst. Wherever it goes, it will cause amazing changes and efficiency changes. As the main battlefield for poverty alleviation in the country, Guiyang has promoted agricultural quality improvement and efficiency improvement through big data information technology, deepened the rural industrial revolution through "big data+agriculture", and made big data run through all aspects of agricultural planting, transportation and sales, improving the digitalization, precision and intelligence of agricultural production. At present, China is in a critical period of the conversion of old and new kinetic energy. Big data is an important means to promote the conversion of old and new development kinetic energy. Through deep integration with traditional industries, big data runs through all aspects of production, circulation, sales and service of traditional industries, in order to achieve high-quality development. Inject new kinetic energy.

  Practice the "people-centered" development concept, make good use of big data to benefit the people and solve their worries, so that the people can have more "gain" from the development of big data, and then promote dynamic change. With the help of big data, such visions and actions are gradually turning into concrete and sensible convenience scenes by promoting the "convergence of big data and government services" and "doing everything in one door and doing things in the whole province in one network".

  In multi-dimensional application scenarios, people are no strangers to big data, but efforts to break down barriers are still indispensable to fully tap the powerful driving force of big data. Guiyang is vigorously implementing high-level opening-up and accelerating high-quality economic development. Only by realizing the "convergence" of big data in concept cognition and system design, and stirring a pool of spring water with the "fusion" and "use" of big data, can big data truly become a starting point for practicing new development concepts and promoting high-quality development.

  Big Data Leads Industry Digitalization

  General Secretary of the Supreme Leader pointed out in the report of the 19th National Congress of the Communist Party of China that "promoting the deep integration of Internet, big data, artificial intelligence and real economy" is a major strategic choice made by the CPC Central Committee based on the overall situation and facing the future, which is of great significance and provides us with fundamental follow-up.

  Guizhou is the first national big data comprehensive experimental zone, and it has also been awarded the "golden signboard" of Guiyang National Big Data Industry Cluster and Big Data Technology Innovation Experimental Zone. Guizhou Province undertakes the heavy responsibility of exploring the national big data strategy, and Guiyang also shoulders the responsibility of creating big data development concepts, systems and initiatives. From 2014 to the present, this city located in the southwest has overcome difficulties and held high the banner of big data development, catching up and leaping forward all the way, singing the strong voice of big data development, and completed the gorgeous turn from "the old and the young are poor" in the western mountain city to "China is counting the valleys". This low-key western capital city has now been full of vitality.

  Guiyang regards the deep integration of big data and real economy as the main direction of big data development, vigorously promotes the application of big data technology in various scenarios, leads three industrial transformations and upgrades with big data, improves the quality and level of supply system, and promotes the real economy to move towards high-end, intensive and green. According to the overall report on the development of big data in Guiyang in 2018, the main business income of big data enterprises in Guiyang reached 100 billion yuan in 2018, an increase of 22.4%; The revenue of full-caliber software and information technology service industry was 28 billion yuan, up by 23.5%, of which 5 million caliber was 14 billion yuan, up by 27.3%; Software service outsourcing and call center industry realized business income of 5.02 billion yuan. 51 new big data enterprises were added, with a total of 208; 82 new big data industry projects were signed, with a total investment of 19.496 billion yuan.

  In recent years, the construction of Guizhou National Big Data Comprehensive Experimental Zone has been deepened, the integration of big data and real economy has been accelerated, the opening of government data sharing has been accelerated, and the construction of new formats and new models of big data has been accelerated. The development of big data in Guizhou has entered a new stage and stepped onto a new level. Statistics show that 2016— In 2018, the integration index of industrialization and informatization in Guizhou rose by six places in the national ranking, and the first index evaluation system for the deep integration of big data and real economy in China was established. In 2018, the GDP of Guiyang increased by 9.9%, and the economic growth rate ranked first in the provincial capital cities for many years.

  Good wind, with its strength, sent me to Qingyun. From the aspects of big data policy, platform, capital, technology, talents, brand, industrial upgrading, state support, application creation, practice and project operation, today’s "experimental field" in Guiyang, Guizhou has gradually changed from "nothing" to ∞ " , has taken shape. Under the guidance of the spirit of the important instructions of the Supreme Leader General Secretary and the spirit of congratulatory letter, keeping the two bottom lines of development and ecology and making good use of the number fair, an important platform for opening to the outside world, will definitely promote Guizhou’s big data to ride the "cloud" and promote high-quality development to a new level. (Li Shanshan)

The Central Meteorological Observatory continued to issue orange rainstorm warning and severe convective weather forecast.


  On June 29, 2009, there was a heavy rain in Chongqing. This rain was the largest and strongest since the flood season this year. Many citizens went to work this morning wearing sandals and wading. Since the 27th, some districts and counties in Chongqing have been hit by heavy rain, which has caused 38 towns and villages in seven districts and counties such as Wanzhou, Kaixian and Dazu to be affected, with 196,500 people affected and one missing. China News Agency issued Xu Kangping photo


  Beijing, June 30 (Xinhua) The Central Meteorological Observatory continued to issue orange rainstorm warning and severe convective weather forecast at six o’clock this morning.


  It is estimated that there will be heavy rain in southwestern Sichuan, central and eastern Yunnan, southern Guizhou, northwestern Guangxi, southwestern and northeastern Hunan, southern and eastern Hubei, northwestern Jiangxi, central and southern Anhui, central and southern Jiangsu, northern Zhejiang, Shanghai and other places from day to night, among which, there will be heavy rain in southeastern Yunnan, southern Guizhou, northwestern Guangxi, southeastern Hubei, northeastern Hunan, northwestern Jiangxi, central and southern Anhui, southern Jiangsu and northwestern Zhejiang. Some of the above areas are accompanied by strong convective weather such as short-term thunderstorms or hail.


  It is predicted that there will be thunderstorms in western Xinjiang, eastern Inner Mongolia, northeast China, southern North China, central and eastern Qinghai-Tibet Plateau, most of southwest China, southern and eastern Jianghan, Huanghuai, Jianghuai, Jiangnan and most of southern China from day to night today. Among them, some areas in southern Heilongjiang, most of Jilin, eastern Liaoning, southern Hebei, most of Shandong, southeastern Tibet, most of Yunnan, southern and eastern Guizhou, eastern Hubei, central and northern Hunan, southeastern Henan, northwestern Jiangxi, central and southern Jiangsu and Anhui, western and northern Guangxi have strong convective weather such as short-term heavy precipitation, thunderstorms and hail.


  The Central Meteorological Observatory suggested cutting off the outdoor power supply in dangerous areas and suspending outdoor operations; Do a good job in the drainage of cities and farmland, and pay attention to prevent possible disasters such as flash floods, landslides and mudslides.


  It is suggested that students stay in a safe place; Fasten the doors and windows, hoardings, scaffolding, temporary structures and other structures that are easily blown by the wind, and leave the temporary structures as soon as possible, and properly arrange outdoor items that are easily affected by thunderstorms and strong winds.

  Related links:



  • [Video] Heavy rainstorms occurred in Sichuan and Chongqing, and the Central Meteorological Observatory issued an orange rainstorm warning on June 29, 2009.

  • The Central Meteorological Observatory issued an orange rainstorm warning. The rainstorm from Sichuan and Chongqing to the middle and lower reaches of the Yangtze River 2009-06-29

  • [Video] The Central Meteorological Observatory issued an orange warning for typhoon "Langka", which may land on June 25, 2009 from the night of 26th to 27th.

  • Guangxi ushered in heavy rainfall, and the meteorological department issued an orange rainstorm warning 2009-06-10