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The Reseach Of Divorce Of The Person In Vegetative State

Posted on:2011-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y R GuanFull Text:PDF
GTID:2166360305466152Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
According to the literature shows, our annual increase of 10 million people in a vegetative state, which not only their own interests vegetative state, will involve 100,000 or more families interests. In practice, the vegetative state is disputed divorce easy, but our law on the protection of vulnerable people the right of divorce is lack of relevant regulations. We studied these patients the right to divorce have a realistic sense, by studying the vegetative state the right to divorce, can be vulnerable groups such as Bao Hu vegetative state for the interests of and to focus on vegetative divorce cases Cheng Xu, Shi Ti particularity, Tichu effective and feasible solution method, Makes the ruling party that can solve practical problems, but also prevent family conflicts into social conflicts, resulting in instability. For this paper, by analyzing the vegetative state is the basic theory of divorce, the use of theory with practice and research methods, on our vegetable divorce problems, lack of analysis, discussion, for the present nor the difficult and the law specified in a vegetative state the right to propose solutions for divorce, and other new types of cases such as with similar high residual vegetative patients, such as divorce cases of cerebral palsy patients provide a theoretical reference.This paper is divided into six parts from the whole.The first chapter is the introduction part. The main purpose of this study on the scope of the study and research methodology, briefly, and the original intention of writing the article was introduced.Chapterâ…¡of the vegetative state the right to divorce theory was more comprehensive description. This chapter from the medical criteria for defining a vegetative state, the legal criteria for defining a vegetative state, the right to divorce the concept, characteristics, and the drain on the particularity of the right to divorce, a divorce involving a vegetative state the basic theory was introduced to a divorce on the vegetative state have a more objective understanding of. for a vegetative state divorce legislation in the country, respectively, from civil law countries the right to divorce on the vegetative state law and common law countries the right to divorce on the vegetative state laws were introduced two angles, as discussed later was Theory of foreshadowing.Chapterâ…¢introduces our country the right to divorce on the vegetative state law and then break from the feelings of the doctrine is flawed, vegetative state custody after a divorce may lead to their poor vegetative divorce issues related to the lack of substantive provisions of the procedures involved in a vegetative state divorce Several aspects of the problem of the lack of provision of our current vegetative state divorce law enough to understand some of our legislative issues that need to improve.Chapterâ…£by combining the existing Chinese laws on divorce provisions vegetative existence, the paper proposes several measures for the corresponding sound.Chapterâ…¤is the conclusion of the combination of vegetative divorce proceedings, the special entity once again stressed the sincerity in our legislation the vegetable content of the right of divorce the need, and the text gives an overview about the theory.
Keywords/Search Tags:Marriage Law, PVS, Divorce, Guardianship, Mutual affection
PDF Full Text Request
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