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近年来,人民法院受理的离婚案件中,因当事人一方患有精神病而起诉的案件呈逐年上升趋势。由于精神病人的离婚案件当事人对立情绪较大,矛盾易激化,法院处理时不仅在程序上具有特殊要求,实体处理上难度也很大,处理不当极易引发不稳定事件发生。如何使得判决结果既能解决当事人的实际问题,又能防止其家庭矛盾转化为社会矛盾,是个亟待解决的现实问题。本文拟就司法实践中存在的有关精神病人离婚的特别程序、婚姻效力以及离婚条件三个方面的问题进行探讨,以求教于大家。
In recent years, the number of divorce cases accepted by the people’s court has risen year by year because of one of the parties suffering from mental illness. Due to the large opposition and the contradiction between parties involved in the case of divorce in psychiatric patients, the courts are not only subject to special requirements in procedural matters, but also difficult for the entities to handle. Improper handling can easily lead to instability incidents. How to make the verdict not only solve the actual problems of the parties but also prevent their family conflicts from being transformed into social contradictions is a real problem to be solved urgently. This article intends to discuss the special procedures concerning the divorce of mental patients, the effect of marriage and the conditions of divorce existing in the judicial practice so as to seek education for everyone.