Taoying Li,1,2 Long Zheng,3 Jianjiang Zhang1 

1Law School, Xinjiang University, Urumqi, Xinjiang, 830046, People’s Republic of China; 2Department of Law, Jiangxi Police Institute, Nanchang, Jiangxi, 330199, People’s Republic of China; 3School of Marxism, Nanchang Institute of Science & Technology, Nanchang, Jiangxi, 330108, People’s Republic of China

Correspondence: Jianjiang Zhang, Law School, Xinjiang University, No. 666 Shengli Road, Tianshan District, Urumqi, 830046, People’s Republic of China, Tel +8618099276105, Email zjjzqc@163.com

Abstract: This paper systematically reviews domestic and international empirical research and legal literature to examine the challenges faced by family caregivers of individuals with mental disorders in China in terms of mental health, as well as the current state of legal protection for such caregivers. Caregivers face anxiety, depression, and stress, with the root causes lying in the high intensity of caregiving tasks, economic and opportunity costs, social stigma, and insufficient social support. However, current laws, such as the Mental Health Law, primarily emphasize family obligations, with insufficient provisions for support and relief mechanisms targeting caregivers’ own mental health, leading to a long-standing imbalance between responsibilities and rights. This paper draws on legislative experiences from Western countries in areas such as psychological support, respite services, and flexible work arrangements to explore pathways for improving China’s legal protection system for caregivers. Research indicates that, by safeguarding caregivers’ mental health as a legal right rather than merely a welfare benefit, introducing specialized support provisions, and promoting the legalization of social policies, significant improvements can be made in caregivers’ mental health, thereby enhancing the overall level of mental health services. From a legal commentary and comparative research perspective, this paper proposes a practical legislative framework, providing theoretical foundations and practical references for future reforms in mental health legislation and policy optimization.

Keywords: mental disorder patients, family caregivers, mental health, difficulties, legal protection