China is seeking public feedback for a draft mental health law.

It states that mental health examinations must be done at the discretion of the patient or their guardian.

On Friday, the Legislative Affairs Office of the State Council, China's cabinet, published the full text of the Mental Health Law on its official website to hail public opinion.

According to the draft law, mental disease diagnosis should be conducted on a voluntary basis. 

It also said that civil affairs authorities have the responsibility to send the homeless who suspected of suffering mental disorders to mental health institutions.

The draft law stipulate that mental health patients can be discharged from hospital at any time at their discretion.

For severely-ill patients, the right falls on their guardians.

In addition, doctors should inform the patient or their guardian if they consider the discharge as inappropriate.

They should also record the notification details and provide technical advice if the patients or their guardians insists on them being discharged.

The draft came out amid public concerns over the long-existed compulsory mental health check ups of the suspected sufferers.

Due to poor legislation and regulation in this area, controversial cases have been reported across China.

On Saturday, a worker in central China's Hubei Province was finally been released from hospital despite a team of psychiatrists had diagnosed him as a mental disorder sufferer.

Xu Wu, who fled twice from a psychiatric rehabilitation facility affiliated to his company, insisted he has no mental problem.

According to China Daily's report, Xu has long been in wage-related dispute with his company.

The investigation result by local authorities said Xu had the record of injury co-workers and swore to make explosives in Beijing.

The Beijing police then caught him in possession of explosive.

Xu was sent back to Hubei, where he was put into the mental rehabilitation center after the police asked a mental institution to check him.

In a similar case in the southern city of Shenzhen, a nurse finally get economic compensation and reputation rehab in a lawsuit after she was misdiagnosed as mental disorder sufferer.

The draft poised to outlaw compulsory mental health checkups and better protect the rights of the public.