论精神病人的离婚诉权保障（On the protection of mental patients right to sue for divorce）.doc

论精神病人的离婚诉权保障（On the protection of mental patients right to sue for divorce） On the protection of mental patients right to sue for divorce Published: 2011, 03, 15, keywords: divorce abstract Chinas marriage law stipulates that people who are medically ill should not get married. Although the marriage law has no further specific definition of which diseases belong to medical diseases that should not be married, mental illness is one of the diseases that should not be married, and there is no dispute in theory and Practice [Abstract] as a party of a marriage relationship, the mental rights of the victims should be protected according to law. Starting with the basic connotation of the right to divorce, this paper examines the legislative and judicial status of the right of divorce of the mentally ill, and puts forward a perfect idea in combination with the existing problems. Mental patients; the right to sue for divorce; persons with no capacity for civil conduct; Guardians Chinas marriage law stipulates that people who are medically ill should not get married. Although the marriage law has no further specific definition of which diseases belong to medical diseases that should not be married, mental illness is one of the diseases that should not be married, and there is no dispute in theory and practice. On the one hand, mental patients can not get married; on the other hand, mental patients become the subject of marriage and exist objectively. The mental patient has become a marriage of a party, the reasons for the marriage the sane, belongs to the civil law on the full civil capacity, according to the law of marriage has capacity for civil conduct, during the existence of marriage for some reason suffering from mental illness, or mental illness has been cured of marriage before marriage or marriage recurrence. The mental patient intermittent exacerbations into mental patients completely. The mental patients divorce intention defects, divorce way is limited only by the