The focus of legal

No capacity for civil conduct couples party to sue for divorce, the change in the law mainly involves the selection and guardian of the divorce.

The realistic case

Hu Xiaobo (a pseudonym) male, born in February 7, 1970; Zhang Xuemei (a pseudonym) female, born in December 27, 1971. Two people in 1992 was introduced, and the registration of marriage in June 16, 1994. In August 3, 1996, Zhang Xuemei left his son Hu Yiping. In 2006 July a day, Zhang Xuemei an oncoming truck hit was on the way home by bike, by the hospital to rescue, Zhang Xuemei finally saved their lives, but she has since become a vegetable. Face come unexpectedly disaster, the whole family into a huge dilemma. The first two years of Zhang Xuemei, Hu Xiaobo can still do to her husband's duty to take care of sick in bed, Zhang Xuemei. For a long time, Hu Xiaobo himself in the decadent, started drinking. And often abuse Zhang Xuemei drunk. In all his son Hu Yiping see in the eye, finally, will Hu Yiping father abuse mother things secretly tell Grandma and grandpa. Then Zhang Xuemei's father, Zhang Qingchang (a pseudonym) communicate with Hu Xiaobo a few times, sober Hu Xiaobo expressed intent to treat Zhang Xuemei. But Hu Xiaobo did not change the drinking habit, in a drunken still malling Zhang Xuemei. Zhang Qingchang as Zhang Xuemei's father, did not want to see this situation to continue.

Then, Zhang Jia how to deal with?

Legal advice

Zhang Qingchang can go to the grassroots people's court the prosecution request......

Legal explanation

China's law for no capacity for civil conduct of one of the spouses to sue divorce has been the lack of clear rules, the marriage law explain three to be clear, property rights behavior is a person without capacity for civil conduct spouse has serious damage to abuse, abandonment of no capacity for civil conduct of a party's personal rights or other guardian, people can be in accordance with the special procedures require alteration of guardianship; guardian after change of no capacity for civil conduct party filed a divorce proceedings, the people's court shall accept the case. Through the interpretation we found......

How to change the guardian, in this paper. Guardianship is not adult and mental patients (without civil capacity or a person with limited capacity for civil act) a civil legal system of body, property and other lawful rights and interests of the people to supervise and protect. Can be divided into legal custody, designated custody and will guardianship. For adult psychiatric patients,......

Zhang Xuemei in the case without person of civil action competence, Hu Xiaobo as their spouses, is the legal guardian, the Hu wavelet the existence of Zhang Xuemei abuse behavior,......

Legal remind

An important reason to result in this case is Hu Xiaobo drinking, alcohol is alcohol dependence, a also belongs to the disease, if Hu Xiaobo can help to stop drinking by medical means, maintaining family stability is also a good choice.

Evidence suggests that

The alteration of guardianship cases shall be provided....... For a divorce case should provide.......

Instrument tips

The indictment and list of evidence.

The respondent forecasting

Hu Xiaobo may be......

Litigation skills

In the evidence, when necessary, may apply to the court......

Case outlook

If we can prove the existence of Zhang Xuemei Hu Xiaobo abuse, will the court......

The referee thought

To change the guardian case, the court should be based on...... The judgment:....... For a case of divorce, the court shall be...... Sentence.

Core words

Legal guardianship......

The specified monitoring......

Will care......

Relevant laws and regulations... .