Vegetative Divorce Problem Research

In recent years the number of vegetative patients as a result of traffic accidentand medical accident has increased year by year. As a result, more and more legalquestions related to vegetative patients occur. As a special life existing form,vegetative patients should be given special notices in theory research as well as injudicial practice. This thesis focuses on matters that respect to divorces betweenvegetative patients. The author discussed the question in four aspects: the value ofdivorce, the start of divorce proceedings, the standard of a divorce judgment andfollow-up problem caused by divorce.Part one: The problem put forward. In this part, through a judicial case raises thequestion of the study in this paper, and the purpose of the research.Part two: Value analysis of divorces between vegetative patients. In this part theauthor discussed the nature of marriage: Union of the two sexes being based onrelationship to blood. A healthy marriage requires not only affection but also materialfoundation because of its natural attribute and social attribute. And clarify thereasonable of divorce through value analysis—balance free choice of divorcement andobligation to support each other between husband and wife.Part three: The start of divorce proceedings. In this part, first the author definedthe legal status of vegetative patients: Vegetable is a special kind of life forms, theyhave the capacity for civil rights, but have no capacity for civil conduct, and theybelong to the mental patient in expanded scope. Then described how to start a suit fordivorce under different circumstances through analyzing two different forms—thespouse of the vegetative patients as plaintiff and the vegetative patients as plaintiff.Part four: The standard of a divorce judgment. In this part first introduced theprovisions about the standard in our existing law namely “compatibility” anddiscusses disputes arisen from this standard. Then further clarified the standard ofdivorce between vegetative patients: not only alienation of mutual affection betweenhusband and wife but also other Auxiliary factors should be considered.Part five: Follow-up problem research. In this part mainly discussed threequestions: first the validity of marriage.When the vegetative patients come to his orher sense in view of judicial authority the validity of marriage can not recover at its own discretion. Second, the raising questions because of the divorce. In the divorcejudgment, the raising questions should be considered. Finally, the cases in part onequoted are analyzed.