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Reprint: statistical analysis of divorce cases psychotic cases

Zhou Hongbing


In the civil law on mental patients can be divided into: one can not identify their behavior, as person of no capacity for civil conduct; two is not fully recognize their own behavior, person with limited capacity for civil act; the three is sometimes able to identify, and sometimes can not identify their behavior, is intermittent mental patients. The first two mental patients in the rational emotional awareness or will exist severe obstacles to mental illness, which in normal life and production, will be the lack of normal cognition ability and judgement is not ability, not according to the independent legal civil act. Such as dementia, paranoid mental patients, mild or severe schizophrenia etc.. In 2004 I heard 55 cases of divorce, in which a party litigant for psychiatric patients is 6, the number of divorce cases accounted for 11%. The types of cases than in previous years on the rise. The trial of divorce on psychiatric cases in recent years, do the following analysis.
The main form of psychiatric patients, in a divorce case:
1, mental retardation. Previously known as the spirit of dysplasia, the individual developmental stages (usually within 18 years ago), by congenital or acquired, unfavorable factors of biology, psychology and society, make the mental development is hindered or stagnation, caused by lack of intelligence and social adaptation difficulties. For the performance of mental retardation. Patients with severe language development level is low, some almost can not speak, understand the difficulties, expression is limited, and even some life ability is very low, most of the patients life dependent on others to take care of.
Case 1, Wu was due to illness mental deficiency, adult life can not take care of themselves, can not accurately express your meaning. Wu's mother language and hearing Sunmou families reach a marriage contract, and go through the marriage registration formalities. After the sun found Wu life can not take care of themselves, to the original life inconvenience you bring more trouble, he filed for divorce in Wu's mother cheating.
2, alcohol dependence and alcoholism. The patient is on the dependence, alcohol tolerance capacity significantly increased, long-term drinking history, often in the early morning to drink or take frequent drinking wine. Stop drinking or drinking less alcohol is caused by mental and physical discomfort.
Case two, Kemou since young perennial drinking, lead to mental disorders, long married spouses Yu because of unbearable Kemou slapstick, divorce proceedings in the litigation, Kemou showed some distinguish ability, but still belong to a person with limited civil capacity.
3, mental disorders due to cerebral vascular disease. Cerebrovascular disease is brain disease caused by cerebral vascular malformation, hypertension and arteriosclerosis and other reasons. Acute cerebral vascular disease can produce acute mental disorders. Cerebral infarction and cerebral arteriosclerosis and slow times is a chronic cerebrovascular disease, can lead to personality disorder, mental retardation, can occur occasionally disturbance of consciousness. This kind of disease is more common in more than 50 years of age. Cerebral arteriosclerosis psychosis manifested as dizziness, memory loss; vascular dementia manifestations of dementia.
In case three, the 70 year old Cheng and the 50 year old Wang in three years of marriage, married couples can, late due to cerebral infarction and lead to dementia, daily life can not take care of themselves. The process of a child to the defendant Wang not to take care of the responsibility, and the agents ad litem to initiate divorce proceedings.
4, schizophrenia. The disease is mental disease prevalence in a supreme. The clinical manifestations are diverse and complex, can be divided into with characteristic symptoms and other symptoms, the main characteristics of the former is "schizophrenia", namely the spiritual activities from the reality, and lack of coordination environment around, don't with and between the thinking, emotion, volition activity; some features of the latter sometimes expressed as "schizophrenia", a illusion, delusion, psychosensory disturbance and stress syndrome. The majority of patients despite treatment in remission, but has a tendency to recur.
In case four, the plaintiff Wu marriage with schizophrenia, after improvement, and free love was a marriage check after the initial feeling better, in recent years the defendants had made contradictory. Sue divorce judgment not divorce in the first half of the defendant, the plaintiff to file for divorce, in the case of the trial, the plaintiff's thinking and her identity and cultural level is not consistent, divorced from real life, understand the fairness of the law to their own judgment standard.
5, affective disorders. In this case the clinical manifestations of single episode of mania or depression, usually mental in a high state of excitement, in alleviating mental activity in normal time, the prognosis is usually good. This kind of disease onset in young like period.
In case five, the plaintiff marriage with this kind of mental disease, after the treatment has improved. And the defendant LiuMou married after the initial feeling better, after the two sides chores of contradictions. In 2001, Li Mou to sue for divorce, with the further trial, Li Mou to bear pressure, disease recurrence, the patient when first exhibited depression, manic performance, easy to conflict with the people, damaging property.
Two, the characteristics of psychiatric patients in divorce cases
1, with the individual, appearance to have the capacity to engage in litigation, strong independent meaning, in remission period showed normal. As the case in Li and four cases of lee. With the deepening of the trial, the patient is often rational expression comes out, or even attack.
2, history of illness, marriage history, before marriage has withheld, married after a period of living condition is obvious, and easy to relapse, have a great impact on the stability of marriage. As a case of wu.
3, the guardian, stages of the proceedings litigant agent for immediate family members of patients with each other no matter, ignore or even beaten, so the patient's guardian to assume the responsibility of guardianship.
4, from the number of litigant parties, more performance for the party for psychiatric patients, few are both in the patients with this disease.
5, from the stability of marriage, the marriage autonomy than marriage, many parents for manipulation, marital stability.
There are three cases of divorce, psychotic problems
1, the judge for psychotic patients litigation subject qualification should take the initiative to review. The case litigant lawsuit purpose, the litigation psychology is different, some of the relatives of patients because of economic problems, the social impact of the problem, not openly admit their illness, and even refused to identify the mental state; and the other party will be because the cost of litigation and the extension problem does not take the initiative to apply some judges think according to; the one who claims the principle of burden of proof to prove the main qualifications, the judge should not take the initiative to intervene in the.
2, identification of institutions. With qualification in the judicial institutions, appraisal cost relatively sick party is expensive, because on the patient long-term drug to maintain remission of symptoms, the large amount of money for medical expenses for the parties to the hard life, unable to bear the cost of local disease, but has not the judicial qualification in mental hospital, appraisal qualification in medicine, the cost is also relatively low, most of the parties are more willing to choose the hospital, but involves the identification conclusions are valid questions.
Whether 3, psychopaths divorce problem. In the trial practice, the party interested psychiatric patient relationship between people or their close relatives, tend to make excessive demands and conditions to the other party at the time of divorce, if the other party does not answer the requirements and conditions, insisted that does not agree to divorce; or let the other side to give the treatment of mental patients, as to be cured after divorce not later phenomenon; or for a divorce is not home, still want the life by the other party to continue nursing care, mental patients.
4, the two sides (of which at least one side by a statutory agent to participate in litigation) reached a divorce agreement, it shall make a mediation book. The Supreme People's Court on the application of the "PRC Civil Procedure Law" ninety-fourth article "a person without capacity for civil conduct of divorce cases, by the legal agent to participate in litigation. Legal requirements to the verdict, according to the contents of the agreement making judgments". The understanding for the divorce case, can close a mediation, can also send mediation book, only making judgments on the request of the parties to the verdict of the case. And determine the marriage law course content according to the court system industry, divorce by the people's courts without civil capacity or with limited capacity for civil conduct of psychiatric patients with closed form of judgment, judgment, should not be to the closed form of mediation book.
5, divorce or nullity of marriage problems for psychiatric patients marriage. Patients generally have a history of mental illness before marriage, according to the provisions of the marriage law of our country, in the spirit of disease stage belongs to the laws of the prohibition of marriage.

Four, how to solve the above problems

1, action ability, this kind of disease of cure is low, most have a relapse for many times, even without relapse, remission of illness, not by the general judgment of judges has the capacity for action. Review to determine whether the parties comply with the litigation subject qualification requirements, is a prerequisite for the admissibility of the case by the people's court. "PRC Civil Procedure Law" (hereinafter referred to as the Civil Procedure Law) the fifty-seventh stipulation: "the person with no legal capacity by his guardians as statutory agents for litigation." Mentally ill a party, because it is not correct to express their will, does not have a corresponding capacity to action, as required by their guardians as statutory agents, or by the agent ad litem commissioned by the other agent to participate in litigation. "Marriage law of the people's Republic of China" is also clear that, whether married or divorced, should be expressed as the true meaning of both men and women. In the spirit of patients with a party in a divorce case, the mentally ill party, because of restriction of mental defects, does not exercise the right to participate in litigation, also cannot properly express their will, the law shall be the legal guardian as agent on behalf of procedure, to safeguard their legitimate rights and interests. And for the mentally ill party really is without civil capacity or a person with limited capacity for civil acts as people, not by the request of an interested party, or surface observation in general can be determined, and must be in accordance with the relevant provisions of the civil procedure law, a determination is made on its capacity to action. Divorce dispute cases as a mental patient, all the civil litigation legal agent effective on the patients with schizophrenia. The civil behavior to admit, give up, change the claim, which is recognized by the law, once made that have the force of law. Therefore, in the lawsuit the judge should take the initiative to review its capacity to action, to determine the proper subject of litigation. Take care of mental patients by guardianship order to litigation, or the mental patient's statutory agent entrusted agent ad litem in civil litigation.
Determination of 2, in the proceedings of the mental patient behavior ability, should be based on the principle of civil law provisions of the case review system. The mental patient can be recognized as a person without capacity for civil conduct or a person with limited capacity for civil conduct in the proceedings, whether the action of this relationship to the mental patient in the proceedings of the legitimacy and effectiveness, the program is legal, physical treatment is justified. Therefore, should first consider the criteria to identify or considered whether it belongs to a person without capacity for civil conduct or a person with limited capacity for civil act, how is insane and psychotic illness degree.
(1) the people's court shall entrust the judicial psychiatric appraisal institutions appraisal. Specific identification is suffering from mental illness, and the severity of mental illness, should take the judicial psychiatric appraisal theory, science basis. That is determined by the medical standard of identification. Litigants to prove the positive or negative psychotic must provide evidence to the court. The people's court to the appraisal conclusion legitimate, real for the verdict, to identify the stakeholders involved in mental patients the party whether it belongs to a person without capacity for civil conduct or a person with limited capacity for civil conduct.
(2) the relevant certificate of diagnosis, identification can refer to a psychiatric hospital issued to confirm. In the process of diagnosis and treatment of psychiatric patients in a psychiatric hospital, made by the experts on the mental patient scientific examination, inspection conclusion, still can make confirmation by a judge in a proof material. But the mental patients interested parties without objection, or by the hearing testimony of the parties without objection, the court to be admissible, or by other evidence or facts are certified as to review the condition.
(3) can refer to the masses is accepted fact and evidence of identification. This is worth noting: must be mental patients interested person (legal representative) shall be recognized without objection to the facts and evidence. The masses accepted fact, should be the mental patient's domicile village will prove material authenticity has issued. At the same time, also including the masses around the mental patient next door neighbours, the basic situation of the mental patient long-term living, life, perception and cognition. The fact is: to demonstrate the spirit of patients with congenital or acquired mental disease and still continue to hold the state of mind, and it is generally thought that and say the same facts.
(4) on the action a side interest for mental patient relationship to the court the mental patient is a person without capacity for civil conduct or with limited capacity for civil conduct, to resolve the dispute this lawsuit, the people's court deems it necessary, according to the procedure of civil litigation law determination, mutatis mutandis the civil procedure law of China stipulates that the 170th: "an application for ascertainment of a citizen without civil capacity or with limited capacity for civil conduct, by their close relatives or any other interested party at the basic people's court at the domicile of a citizen is proposed."
3, such as emotions that should rupture, divorce shall be granted. Thirty-second of China's marriage law "provisions of the second paragraph, the people's court hears a case of divorce, shall carry out mediation, such as emotions that have been broken, the mediation fails, divorce shall be granted." The revised Marriage Law has no clear standards for the feelings of the mental patient rupture. In 1989 the Supreme People's Court promulgated the "people's Court on the trial of divorce cases how to identify some specific opinions" couples have broken the provisions of article third "prenuptial cover mental illness, marriage is not know each other before marriage, or suffering from mental illness and their marriage, or a mentally ill treatment during the couple to live together," as the rupture of feeling of husband and wife, can be granted a divorce. The concrete should have two points: one is the hiding of the disease before marriage, marriage unhealed after treatment, the situation without repeated treatment, and no time considerations. Two, marriage despite the known disease, or disease is married income, should belong to multiple therapies affect feeling of husband and wife. Several general should be more than three times.
4, psychopaths divorce cases, should be based on the closed form of judgment. Divorce is the identity relation litigation, agree to divorce intention, legal agent is not expressed this opinion, must show by the parties themselves. The divorce party due to mental disorders, for the emotional and rational aspects between person and person, feeling of husband and wife is broken the substantive legal problems due to lack of judgment and understanding ability, can not use normal language correctly express their real meaning. The legislation, the legal force generated from the determination of mental patients have the most main reason and the mental patient behavior, has reflected the civil behavior of mental patients in the legal norms, self for the start time is invalid, the parties have no capacity to action, therefore, ruling by the people's court for divorce without civil capacity or with limited civil the behavior ability of mental illness, the closed form of judgment. Even if the statutory agent and marriage of one of the parties signed the divorce mediation agreement, also should not use the closed form of mediation, but in the verdict, the content of the mediation agreement to be determined.
5, the divorce case of divorce or nullity of marriage, should be treated differently. Article seventh (two) provision, with medical illness that should not be married, belonging to the prohibition of marriage. At the same time, article tenth (three) provision, marriage with medical illness that should not be married, belong to has not been cured after marriage invalid marriage. Medical, psychiatric patients should not get married during the course of illness. Therefore, on one side or both sides for psychiatric patients the cause of divorce or nullity of marriage, should be based on both sides in the marriage registration of the patients in the period of onset criterion, because the civil behavior of psychiatric patients in the period of onset of the implementation is invalid, the marriage registration behavior should be invalid, the court shall declare the nullity of marriage. On the contrary, the marriage registration of the patient's mental status is normal, the marriage is valid marriage, should be set to divorce case.
6, for psychotic patients in the division of property, child care burden and economic help shall be given to care. Interpretation of the Supreme People's court "on the application of 'issues' marriage law of the people's Republic of China (a)" the twenty-sixth stipulation: "the forty-second marriage law referred to' a party has difficulties in life ', refers to rely on personal property and the share of property in divorce is unable to maintain basic life level of the local. A party after the divorce without a roof, which belongs to the difficulties of life. At the time of divorce, one party to the personal property of the housing difficulties of life to help in the form of ownership, may be right to housing or housing." The above law, processing the divorce proceedings as a mental patient, the other party should pay a certain amount of economic assistance payments or provide certain property, provide the relevant legal principles for us. Here to several problems is clear: first, in the divorce proceedings, to distinguish the different situation of mental patients belong to what kind of situation. According to the classification principle can not take care of themselves, or the most can not take care of themselves, or can not take care of themselves, and on the other side of the economy, pay the mental patient one-time economic help. Secondly, determine the one-time payment standard. According to the different degree of mental illness, aims at solving the problems of mental patients maintain the basic living standards and the place after the divorce. Because of the special nature of mental patients in the divorce proceedings, for the solution of mental patients living expenses, should include some of the cost of treatment, payment be made by one party to another. Again, for the other party to the mental patient economic help, is a kind of property right, rather than the duty of maintenance. In accordance with the law, the mental patient protection after the divorce of health care, mental patient's life, property and management of mental patients should be after the divorce of the mental patient's guardian implementation. In marital duration in accordance with the law of mutual support, husband and wife should fulfill the obligation, but after the divorce, mutual support and destroyed along with the lifting of the relationship between husband and wife. Therefore, people interested in divorce mental patients should not to insist on not agree to divorce or other reason is threatening conditions, to the other party raised too high, not in accordance with law claims.
7, to divorce cases of psychiatric patients trial without special program. Civil Procedure Law of 170th provided for in the first paragraph of "application for ascertainment of a citizen's incapacity or restricted capacity for civil conduct, by their close relatives or any other interested party at the basic people's court at the domicile of a citizen is proposed." The Supreme People's Court on the application of the "PRC Civil Procedure Law" opinions on several problems of the provisions of article 193rd "in the process of litigation, people interested party of the party suffering from mental illness, requirements to declare the party without civil capacity or with limited capacity for civil conduct shall be borne by the interested party, put forward to apply to the people's court, the the appeal by the court trial in accordance with the special procedures, the original suspension of litigation." Therefore, only the parties on whether it has the capacity for civil conduct for confirmation, only apply the special procedures, not every case of marriage must apply the special program.


2004 December

Bloggers from attached the relevant content:

A people's court hears a case of divorce to identify some concrete suggestions of alienation of mutual affection
November 21, 1989.

The people's court hears a case of divorce, divorce shall be granted or not to feeling of husband and wife is broken as the distinction. Judge the feelings of husband and wife is indeed broken, should from the status quo of marriage based on love after marriage, divorce, the relationship between husband and wife and have no good could comprehensively analysis. According to the relevant provisions of the marriage law and trial experience, any of the following circumstances, as couples that have been broken. One party insists on divorce, after mediation fails, in accordance with the law to the judgment of divorce.
1 party disease with the statutory prohibition of marriage, or one of a physical defect, or other reasons can not have sex, and difficult to cure.
2 lack of understanding of marriage, hasty marriage, marriage does not establish the feelings of husband and wife, to live together.
　3 premarital cover mental illness, marriage unhealed after treatment, or know each other before marriage with mental illness and their marriage, or one of the couples living together during the mentally ill, permanently.