The Theory And Practice Of Judging Psychopaths' Divorce Cases

In a big proportion of all the devorce actions, one party is a psychotic. From 2005 to 2007, 47 such devorce cases were accepted by our court in the district of pingchao. Compared with other devorce cases, longer trial periods are often needed, due to a more difficult application and hearing. The root of the problem lies in the absence of concerning procedures and substantive rules. Multiplex variation of the views on marriage and family have been posing a good many uncertain factors to the trend of juridical practice. It's really hard for judges to banlance the right between self-determination and the protection of the disadvantaged in these cases, and build connections between social and legal judgements.as well as .protections. Grass-roots civil judges should inevitably be responsible for the issues on the public's appeal to the judicial fairness for social fairness and justice. Thus the legal rights of the psychopaths and the marriage freedom of the other part are simultaneously protected in judicial proceedings and the division of property, with legal and social effects being united. Giving dual attention to legal institutions and practice, in addition to confronting judicial proceedings and lawsuit entity, this paper analyzes the current situation and draws up strategies on ptotecting psychotic divorcees.