Guarantee Of Litigant’s Right Of Action In Judicial Practice

Since the second half of the 20 th century,the western legal community has launched a massive movement to approach justice.Its primary goal is to solve some difficulties and obstacles that the poor,the marginalized and other vulnerable groups often encounter when seeking judicial relief.Compared with women and children,people with mental disorders and those who are "psychopathic" are more likely to be excluded,abandoned and marginalized by society.At the same time,the Fourth Plenary Session of the 18 th CPC Central Committee clearly proposed "strengthening the judicial protection of human rights",and one of the most important points of "strengthening the judicial protection of human rights" is to strengthen the protection of litigation rights.Therefore,based on the judgment of the litigant in the phenomenon of "being mentally ill",this paper generalizes the current situation of the protection of the litigant’s right of action in the process of the phenomenon of "being mentally ill" in China from the perspectives of the court(judge)and the litigant’s ability,such as the difficulty of the protection of the right of action,the difficulty of the proof of the original lawsuit,and the behavior of repeated prosecution.And combined with the current legislative situation in China to explore the reasons why the right of action is difficult to be guaranteed,such as the legal text of the elements of litigation mixed with the elements of litigation,the unclear standards of case filing and review,the confusion between the elements of litigation and the elements of litigation in judicial practice,the inadequate interpretation obligation of the judge and the lack of ability of the parties in the litigation.Therefore,the author intends to explore the countermeasures to protect the litigant’s right of action in the phenomenon of "being mentally ill" in China from the perspectives of legislation,judicature and litigant’s ability.