The Analysis On Divorce Cases Relating To Psychopath

In recent years,divorce cases relating to psychopath accepted by courts have been increasing in amount constantly and thus have triggered great concerns from the public.The divorce case involving psychopath has its own particularity:on the one hand,maximum protection should be endowed to psychopaths in the suit;on the other hand,the freedom of getting divorced for the spouse of the psychopath must be preserved.The problem of how to achieve the balance of the rights and interests between the two parts baffles the lawyers completely.Psychopaths are doomed to be in an inferior position in the divorce suit for they are incapable of protecting their own legitimate interest and rights;therefore,special protection should be granted to psychopaths in the trial.However,comprehensive provisions about these issues are still absent from the marriage law and relevant judicial interpretations in our country,and there are also controversies existing in the judicial practice.Thus,psychopath's legal rights cannot be protected effectively in the trial.The present thesis aims to discern and analyze the contentious issues and relevant legal questions in these three divorce cases of the psychopath,including the divorce case of invalid marriage between Mr.Zheng and Mrs.Lu,the divorce case between Mr.Wang and Mrs.Zhong and the divorce case between Mr.Zhong and Mrs.Mai.In the juridical practice,controversies of this type of divorce cases are centralized,but there are circumstances that the sentence of the trial is different from another made by different lawyers based on similar cases.Three legal issues can be extracted from the cases,including the issues of the validity of the marriage,litigation agency of the psychopath and the application of divorce standard in the case referring to the psychopath.The thesis will focus on three aspects of the cases:firstly,the amount of the case accepted by courts in which one party sues for the annulment of marriage has been increasing constantly,the lawyer must deal with the problem about how to ascertain the validity of the marriage relating to psychopath in the court's adjudication.Secondly,the problem of how to protect the psychopath's litigious right of divorce deserves further detailed analysis and research.When the psychopath has lost the capacity to act,his or her relatives should take the responsibility for taking good care of her and act on behalf of the psychopath.Thirdly,the lawyer also has to deal with the controversy of how to apply the divorce standard in the case which relates to the psychopath.This type of divorce cases is different from other normal cases for it has its own specialties.The lawyer must fully protect the legal interests and rights for the psychopath,but at the same time,he also should protect the freedom of divorce for the spouse of the psychopath.No matter in the juridical reality or in the academia,how to apply the divorce standard is an important problem which is waiting to be dealt with.The thesis will make detailed analysis on these issues and make some comments on the judgments based on the analysis and academia theories.Research on these issues is useful to achieve the fully protection for the legal rights for the psychopath and maintain the harmony and stability of the whole family.To solve all the aforementioned problems,following effective measures can be taken to achieve the further protection for the psychopath.On the one hand,well-established law system which focuses on strengthening the protection for the psychopath should be enacted and we should make more improvements on the perfection of relevant regulations.So we can guarantee that the legal interests and rights for the psychopath will not be infringed in the divorce trial with the protection of well-written law in our country.On the other hand,the lawyer must abide by the law and the legal procedure strictly in the trial,and focus on the protection of the psychopath to achieve the balance of the rights between the psychopath and the spouse to maximize the material justice in the judgment.Thus,psychopath's legal rights can get fully protection from the practical aspect.