About schizophrenia, divorce
in civil law of mental patients can be divided into: one is completely unable to identify their behaviour, without capacity for civil conduct; second, cannot fully identify their behaviour, person with limited civil capacity; the third is sometimes able to identify, and sometimes cannot identify their behaviour, are intermittent mental patients. Two mental patients in the composer or the will have serious mental illness obstacles on, in their normal production and life, will lack the normal ability to understand things and the ability to judge right and wrong, may not be independently performed legal civil acts. Such as the dementia, paranoid mental patients, mild or severe schizophrenia and so on. Author of divorce cases in the psychiatric agents in recent years, the following analysis.
main forms of mental illness, divorce cases:
1, mental retardation.
2, of alcohol dependence and alcohol-induced mental disorders. This kind of alcohol dependent patients present with, significant increase in tolerance to alcohol, had a history of drinking for a long time, often drinking alcohol in the morning or take frequent drinking of wine. Stop or reduce drinking alcohol that caused mental and physical discomfort.
3, brain mental disorders due to vascular disease. Cerebrovascular disease is due to cerebral vascular malformations, causes such as hypertension or atherosclerosis of the brain organic disease. Acute cerebrovascular disease can produce acute mental disorders. Cerebral arteriosclerosis as well as cerebral infarction belong to slow many times in chronic cerebrovascular diseases that can lead to personality disorders, mental retardation, or disturbance of consciousness may occur occasionally. This disease occurs in more than 50 years old. Disorders of cerebral arteriosclerosis characterized by dizziness, memory loss and dementia is vascular dementia.
4, schizophrenia. The disease is mental illness in patients with one of the highest. Clinical manifestations are complicated, can be classified with a characteristic symptoms, and other common symptoms, which main characteristic is "schizophrenic", that is, spiritual activity detached from reality, not in accord with the surrounding environment, as well as thinking, feeling, volition not work; the latter is sometimes shown as "schizophrenia" of certain characteristics, hallucinations, integrated perception disorder, syndrome of paranoia and tension. Despite treatment remission in most patients, however, have a tendency to relapse.
5, affective disorder. The class cases clinical phase of mania or major depressive episode, usually spiritual in a highly excited state, during the relief period normal mental activities, the prognosis is generally good. The incidence of disease was first in the Qing period.
characteristics of two divorce cases, psychopaths
1, individual patients, looks to have a certain amount of legal capacity, independent meaning strong, disease remission is shown as normal.
2, in terms of disease history, marriage had a history of illness, before his marriage to conceal married show only after a period of illness, and prone to relapse, have a greater impact on the stability of marriage.
3, guardian, agent of the stages of the proceedings for the immediate family members of patients, each other regardless of ignore and even abuse, makes the patient's guardians once again to assume the responsibility of guardianship.
number 4, from both parties, showing one of the litigants for the mentally ill, minorities both in patients with the disease.
5, judging from the stability of marriage, the autonomy of these marriages than marriage worse, manipulating many parents, the stability of marriage.
three problems of divorce cases, psychopaths
1, judge litigation subject qualification of the mentally ill should take the initiative to review. Case party litigation purpose different, its litigation psychological state also different, some the patients of relatives for economic problem, and social effect problem, unwilling to public admitted its illness, even refused to on its spirit status for identification; and other party also will for litigation cost and litigation term of extended problem not active proposed application; some judge think according to who advocates who proof of principles to proved subject qualification, judge not should active intervention.
2, identification of institutional issues. In judicial Shang has identification qualification of institutions, identification costs relative sick of party for is expensive of, because the class patients to by long-term of drug to maintained ease of symptoms, amounts expensive of medical let party of life hard, cannot bear the disease costs, and local not has judicial identification qualification of psychiatric hospital, in medical Shang has identification of qualification, costs also relative lower, most party more willing to select the class hospital, but involves identification conclusion whether effective problem.
3, the mentally ill are granted a divorce issue.
in trial practice in the, party for psychiatric people of interest relationship people or its near relatives, often in divorce Shi to another party proposed high of requirements and conditions, as other not replies by mention requirements and conditions, is insisted not agreed divorce; or requirements let other on psychiatric people give completely sex of treatment, that requirements stay cure Hou again divorce not late of phenomenon; or requirements divorce not home, still wants to by other continues to for care, and nursing spirit patients of the life.
4, on both sides (at least by the legal representative of a party to participate in the proceedings), reached a divorce agreement, whether there should be mediation. Supreme People's Court on the application of the People's Republic of China article 94th civil procedure "without divorce cases, by their legal representatives participating in the proceedings. Legal representatives claim to judgment, making judgments based on agreement ". The understanding of the article this kind of divorce cases, can be in the form of a mediation case, can also be sent to mediation, only in cases where the parties request the judgment making the judgement. According to the national court system undergo marriage law determines the content of the tutorial, without civil capacity or with limited capacity for civil divorce judgments should be of the mentally ill, in the form of decisions closing should not be in the form of mediation case.
5, for the mentally ill is divorce or nullity of marriage problems. Patient prenuptial usually have a history of mental illness, according to marriage law provisions, in psychiatric illness belongs to the provisions of Decree-law prohibited marriage situations.
four, how to solve the problems existing in
1, litigation issues, the types of patients healing power is low, most multiple relapses, in the absence of recurrence, remission of the disease, instead of relying on judges judgment has legal capacity in General. Review to determine whether the parties meet the litigation subject qualification requirements is a prerequisite for people's Court accepted the case. People's Republic of China Law of civil procedure (hereinafter referred to as the civil procedure law) article 57th: "person with no legal capacity by his guardian as the legal representative to represent him in litigation. "The party of mentally, because you cannot properly express their will, does not have the appropriate capacity for action is needed by the guardian as the legal representatives, or commissioned by the legal representative or other agent to take part in the proceedings. People's Republic of China law also explicitly specified, whether married or divorced, should be the true expression of both. Mentally ill in cases of divorce, the party because he is suffering from mental illness, because of mental defect, and itself can neither participate in the proceedings in accordance with law to exercise their rights, it can't express their own will, the law should be represented by their legal guardians as an agent to represent him in litigation, to safeguard their legitimate rights and interests. Party for people with mental illness really is without civil capacity or a person with limited civil capacity, not just an interested person to apply for, or general observation of the surface can be determined, and must be in accordance with the relevant provisions of the civil procedure law, its legal capacity to make sure.
party for the mentally ill in the case of divorce proceedings, his legal representative all civil actions for the mentally ill people. Its recognition, renunciation, change his claims on behalf of civil behavior, which is authorized by law, and once that has the force of law. Judges should take the initiative to review its legal capacity in proceedings to determine proper subject of litigation. Guardianship of mental patients can be borne by the guardianship order, to represent him in litigation, or commissioned by the legal representative of mental patients law participate in civil proceedings.
2, determination of the capacity of mental patients in the action, should be taken according to the provisions of the civil law system of case review to confirm. Mental patients can be identified in the lawsuit as without civil capacity or a person with limited civil capacity, it relates to whether a mental patient in the proceedings in the action with legitimacy and effectiveness, whether legal, legitimate entity handling. Therefore, you should first consider what criteria is used to determine or finds that it is without civil capacity or a person with limited civil capacity, are suffering from mental illness and how the degree of mental illness.
(1) people's courts should be entrusted to the judicial psychiatric appraisal bodies for identification. Deciding whether or not mentally ill, mentally ill, and the degree of severity, forensic psychiatric evaluation should be taken as the theoretical and scientific basis. Using medical standards. Parties in proceedings as evidence of positive or negative mental illness must provide evidence to the Court. People's courts as legitimate, factual conclusions as finalised according to, make a determination of mental patient involved raised by the interested person's Party is a legal person or a person with limited civil capacity.
(2) can refer to the psychiatric hospital proof of relevant diagnostic and identification to be sure. In the process of diagnosis and treatment of psychiatric patients in psychiatric hospitals, experts on mental illness made by scientific examination, testing and other concluding observations, you can still be confirmed by the judges in evidence. But it should be limited to the stakeholders raised no objection for mental patients, or after hearing evidence the two sides raised no objection, the Court adopted, or by other evidence or facts certified to review conditions.
(3) can be found the facts and evidence in reference to the masses. This note is: mental patients must be an interested person (legal representative) accepted the fact and extent of the evidence raised no objection. People recognized the fact that should be a domicile certificate from the village of mental patients have the authenticity of the documents. , But also mental patients include people from their neighbors, the mental patient long term living, perception and understanding of life and other basic information. To the fact that a requirement is: can proved mentally ill due to congenital or acquired mental illness and still continues to hold the State of mind, and it is widely assumed that and claims of fact.
(4) on in litigation in the party for psychiatric people of interest relationship people to Court proposed the psychiatric people is belongs to no civil capacity people or limit civil capacity people of, for solution party on this items litigation dispute, Court think does have necessary, needed by civil method program made finds of, can mutatis mutandis China Civil method 170th article provides: "application finds citizens no civil capacity or limit civil capacity, His close relatives or other interested party to the basic-level people's Court of residence of the citizen. "
3, such as emotions need to be broken, to be granted a divorce. Article 32nd Chinese marriage law stipulates that "the people's courts in dealing with a divorce case, should carry out mediation, such as emotions have been ruptured, conciliatory, be granted a divorce. "The amended marriage law for this kind of affection without a clear standard of mental patients. Divorce cases in 1989 on the people's Court, Supreme People's Court promulgated how to affirm the relationship has broken down 3rd provision of a number of specific comments "before hide mental illness, uncured after marriage, married or knew each other before the marriage suffers from mental illness, mentally ill while living in the community or party uncured," as the alienation of mutual affection, divorce may be granted. Should have two points: one is lying about before marriage, treatment does not heal after marriage, in which case the repeated treatment, and time considerations. Second, know before marriage is ill, or for income after marriage, should belong to the multiple treatment effects to marriage. Should have three or more several times.BACK