由于目前我国还没有出台一部有关收治精神病人的法律规范,对精神病人的认定、监护、强制治疗等问题缺乏明确规定,近年来屡屡曝出“被精神病”事件,那些被经过规范程序收治的“被精神病”者,人身自由被限制,身体健康被伤害,合法权益被剥夺,当事人遭遇投诉难、申诉难、出院难,索赔难,成为一个引人关注显著的社会问题。本文就强制医疗法律关系中,行政主体和行政管理相对人,各享有哪些权利和义务,如何平衡维护各方主体之间的权利义务做以论述。 At present, our country has not yet promulgated a law on the treatment of mental patients norms, the identification of patients with mental illness, custody, compulsory treatment and other issues the lack of clear provisions, in recent years repeatedly exposed “being mentally ill ” incident, those who have been standardized procedures He was admitted to the “being mentally ill ”, personal freedom is limited, physical injury is injured, the legitimate rights and interests are deprived, the parties encountered complaints difficult, difficult to appeal, discharge difficult, difficult to claim, becoming a significant social issues of concern. This article discusses how to balance the rights and obligations between the parties in compulsory medical legal relationship, which rights and obligations each administrative body and administrative counterpart should enjoy.