Problems and Countermeasures of Marriage Validity Identification for People with Mental Disability
As a personality right,the marriage autonomy of mentally disabled people is protected by the constitution.Articles 1051,1052,and 1053 of China's Civil Code have closed provisions on the causes of marital defects,resulting in restrictions on the application of the Marriage and Family Part of the Civil Code to the determination of the validity of marriage for persons with mental disabilities,which in turn affects the freedom of marriage for mentally disabled people.Marriage is a legal action between the two parties,and the validity system of civil actions in the General Part of the Civil Code is complete,which makes it possible to identify the validity of marriage for mentally disabled people.Therefore,this paper proposes that the marriage concluded by people with very severe mental disabili-ties is invalid,and the marriage validity of people with severe,moderate and mild mental disabilities adopt a valid or revocable dual recognition path.Advocating the legislative experience of Germany and Japan for reference and putting forward an effective transformation scheme of de facto marriage,the author suggests that the decision-making assistance system and the clause of"encouraging premarital medical examination and physical examination"should be added to the Law of the People's Republic of China on Protection of Disabled Persons.
万方数据
维普
