On Protection Of Right Of Action Regarding Mental Patients

As divorce rate is constantly growing in our country,there are also more and more divorced mental patients,which have become a prominent social issue drawing much of our attention.Being social vulnerable groups,mental patients are lack of ability to protect themselves against personal injury.For this reason,their divorce proceedings are different from common ones.Here are five causes.Firstly,it is difficult to identify someone suffers from mental problems or is possibly psycho.As a result,it is not easy to confirm whether the person has ability to act.Secondly,it is about how mental patients perform their divorce litigations as they are totally or partly lack of the ability to act.Thus,it is considered that if their relatives can be entrusted with the task.Based on the above situation,a study to the entrustment is significant and meaningful to protect legitimate interest of psychos.Thirdly,as spouses of the patients are also their statutory agents,court is without specific legal ground on how to appoint their agents in terms of the divorces.Consequently,the judge might be at will or at random to specify a certain guardian or statutory agent.Fourthly,it is the issue on how to apply legal principles of divorce if psychos are involved.In terms of this kind of divorce,the judge is not only responsible to protect legitimate interests of the patients,but also needs to ensure that the other party has freedom of marriage.In practice,it is highly disputed on how to take use of law principles.Therefore,it is necessary to make detailed discussions and researches.Finally,it is indeed hard to protect practical rights and interests of mental patients.Hence,based on the above five points and according to our existing legal provisions as well as related theories,the paper,taking the divorce case of Mr.Lu and Mrs.Li as an example,will make a comprehensive discussion about the problems and difficulties that psychos have to confront when exercising divorce proceedings.Afterwards,some suggestions andrecommendations will be put forward.It is hoped that through the analysis and study of these problems,there is a great advancement in protecting the rights and interests of divorced mental patients.Meanwhile,social contradictions due to divorce disputes are considerably prevented from emerging to accelerate and maintain social stability and harmony.