Font Size: a A A

Research On Legal Perfection Of Vegetative Patients’Divorce

Posted on:2014-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuoFull Text:PDF
GTID:2266330422953579Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Vegetative patients are a special group in society.Lawmakers in the process oflegislation in China always notice the normal person and ignore the existence ofvegetative.As a result,the law about the vegetative patients are blanking.And it leadsvegetative patients in embarrassment that can not do anything in accordance with thelaw. The adults lacking behavior ability such as vegetative patient could not exercisetheir rights like normal persons. vegetative patients’marriage rights has caused widepublic concern.At present,such as the vegetative divorce proceedings,vegetativedivorce judgment standard and the maintenance issues after vegetative divorce areneed to improve in theory and law in urgently.The problem of vegetative divorcemainly includes these aspects. Namely:vegetable of divorce proceedings,vegetativedivorce judgment standard and maintenance of vegetable after the divorce.Theseproblems need to improve in theory and making law in urgently.The paper expoundsvegetable divorce of specific issues and major.This article is divided into four parts.The first part mainly expounds the basic theory of vegetative divorce.The divorceof PVS patients has realistic foundation and theoretical significance to illustrate in avegetative state divorce legislation perfect legal significance.To determine thestandard of vegetable and vegetable specific civil capacity and legal capacity toengage in litigation.For the perfection of the below opinion for bedding.The second part points out the deficiency of legislation on divorce in a vegetativestate regulations as well as the theory about vegetative are significant controversy inthe process of divorce.Mainly from the legislation and theory to explain our countrycurrent law and the deficiency of the theory.The third part elaborated the foreign divorce in a vegetative state laws andregulations as well as for vegetative divorce law in our country.For foreignlaw,respectively expounds the continental law system countries and Anglo-Americanlaw system countries divorce in a vegetative state laws and regulations.Then divorceof a vegetative patient in our country made a statement of the law.Finally putforward the legislation of the foreign legislation of our country.These legal system provides two different ways in the future.The fourth part is the divorce in a vegetative state have put forward someimprovement suggestions to resolve the problem.Mainly tell us the lack of control inthe second part proposed and draw lessons from foreign legislation proposedimprovement suggestions.
Keywords/Search Tags:Patient Vegetive State, Litigation divorce, Divorce judgmentstandard, Maintenance duty
PDF Full Text Request
Related items