CAJ | 학술논문

将非自愿住院医疗与强制医疗概念相混淆的现象比较普遍。非自愿住院医疗与强制医疗是两个法律性质不同的概念，他们分别规定在不同的法律文件中；强制医疗包含于非自愿住院医疗之中；非自愿住院医疗与强制医疗在送治主体、实施条件、价值取向等方面存在着重大区别。廓清非自愿住院医疗与强制医疗的概念，能更客观、严谨的研究相关问题。
장비자원주원의료여강제의료개념상혼효적현상비교보편。비자원주원의료여강제의료시량개법률성질불동적개념，타문분별규정재불동적법률문건중；강제의료포함우비자원주원의료지중；비자원주원의료여강제의료재송치주체、실시조건、개치취향등방면존재착중대구별。곽청비자원주원의료여강제의료적개념，능경객관、엄근적연구상관문제。
It is a very common phenomenon that people cannot tell the exact difference between the concept of involuntary hospitalization and the concept of compulsory medical treatment. Nonetheless, involuntary hospitalization and compulsory medical treatment have different legal nature and are respectively regulated by different legal rules; compulsory medical treatment is a manifestation of involuntary hospitalization; there are significant distinctions between these two concepts in aspects including medical treatment subject, implementation conditions and value orientations. By clarifying these two concepts, studies on corresponding issues could be done in a more objective and precise way.