On The Litigious Divorce Of Persons Without Capacity Of Civil Conduct

In the process of legislation in the field of marriage, the country's lawmakers to focus more on the general civil subject, while ignoring without person of civil action competence of this kind of special group protection, left the class group in divorce, often at a could not be in accordance with embarrassment. In recent years, in the people's court accepts the divorce case, the other party for the number of divorce cases do not have person of civil action competence is on the rise. Although the marriage law judicial interpretation three article 8 to do not have person of civil action competence guardian shall mention some rules are made to divorce, but continued to explore, the divorce proceedings, divorce judgment standard and put forward of the division of marital property and debts jointly undertake, child support and other issues still need to perfect theoretical research and legislation.This article is divided into four parts, the third part and the fourth part of the article focuses on:The first part: introduction without person of civil action competence divorce proceedings of basic theory, including the definition, research scope without person of civil action competence range of determination, the characteristics of the person of civil action competence divorce proceedings.The second part: in this paper do not have person of civil action competence divorce case status.The third part: do not have person of civil action competence divorce litigation procedural matters research and countermeasures. Mainly from do not have person of civil action competence of guardian shall filed a divorce case, special procedure problem, the way of the analysis in three aspects.The fourth part: there is no capacity for civil conduct research and countermeasures of litigation divorce substantive matters. Mainly from the divorce judgment without person of civil action competence, the principle of division of marital property debt and common to assume, child support issues, economic help system four aspects analysis.