| Given the fierce competition in society and the pressures of daily life, the number of mental health patients is on the rise. Since the1990s, in order to more effectively protect the mental disorder’s right, the ideas of "to respect for the right of self-decision" and "normalization of life in the maintenances of himself’were introduces by the foreign countries. These countries pay more attention to the system of civil capacity and improve the guardianship system. Because of the deficiency of the legislative idea and the legislative technique, it is quite heard for mental patients to protect their own rights in judicial practice. This thesis is an attempt to analyze the shortcomings of our system of civil capacity deficiency and give some advices to improve the legal provisions in force.Apart from the introduction and conclusion, the main part consists of four parts and a total of around33000words.A general overview of the state of the mental disorders’right is given by the opening part. Base on the research of the historical changes and the development, the paper attempt to point out the historic root of the problem in judicial practice and defines the concept and connotation of the mental disorders’right.In the second part a legislative comparison is taken. Through the comparative study of the foreign countries’systems summarize the tendency of the legislation reform.The third part is an introduction of the system of Chinese mental disorders’civil capacity rights. In light of Chinese legislative status and social realities, and in view of the actual situations, the specific provisions of Chinese system are presented to point out the shortcomings.The last part is the advice to perfecting the civil capacity rights of Chinese disorders. This part can be divided into two parts. One part is about to improve legislation. The other one is about the inspiration and reference for the reconstruction and perfection of Chinese law system. |
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