Does depression have civil capacity?

Updated on society 2024-04-20
9 answers
  1. Anonymous users2024-02-08

    Chinese citizens with full capacity for civil conduct shall meet the following two conditions:

    1) Be at least 18 years old. The age of 18 is the threshold of adulthood for Chinese citizens. For those who are at least 16 years old and under 18 years of age, however.

    Citizens who rely on their own labor income as their main livelihood** are regarded by law as persons with full capacity for civil conduct. Article 2 of the Opinions of the Supreme People's Court is also correct"Take your own labor income as your main livelihood**"Specific provisions have been made for the determination:"Citizens between the ages of 16 and 18 who are able to obtain income from their own labor and maintain the general living standards of the local people may be found to be persons with full capacity for civil conduct with their own labor income as their main livelihood.

    2) The mental condition is healthy and normal. Citizens are able to correctly understand legal norms and common rules of social life, and carry out civil acts rationally. A person who is mentally ill and unable to engage in rational conduct is not considered a person with full capacity for civil conduct, even if he or she has reached the age of 18.

    I don't know if the person you are talking about in depression is in a state of mental normality.

  2. Anonymous users2024-02-07

    Introverted personality and does not communicate with others much.

    I don't like sports very much.

    Depression can be caused by stressful work, stressful life, and falling out of love.

    Even if you see a doctor, you will rely on taking medicine for three points and rely on yourself to adjust your mentality, so you won't be wrong to listen to me.

    1. Try to be outgoing and communicate with friends as much as possible.

    Two: When sleeping, you should think about the good things of others, and you should be able to tolerate the shortcomings of others Third: Do good deeds, don't want others to reciprocate, because helping others is also helping yourself Fourth: Participate in more physical exercise and improve physical fitness.

    Five: If you have something to discuss with your family, ask for their help, and believe that your family will not be wrong Six: Don't talk about others behind your back, and don't care about what others think of you, sometimes suffering is cheap, don't think too much.

    Seven: To ensure a good sleep, life should be regular, if you really sleep badly, you can eat with some Chinese herbs, it will help.

    Eight: If you have the conditions to increase nutrition, but you can't eat too much and eat another, you will gain weight, and it is not good for the stomach Nine: You should put all the unhappiness into the garbage bin.

    Ten: If you have to think about it for the sake of love problems, there will be more opportunities in the future until your mentality is adjusted, and all you think about every day is happy, your illness will disappear naturally, otherwise it will be serious, such as the heart will hurt like a crack, you can't eat, you can't pull out, you will have a fever, you will contact others for no reason, and you will lose hope in life.

    He should have the capacity to act.

  3. Anonymous users2024-02-06

    Depression can be mild and severe, and if you are only mild, it should not hurt people or otherwise affect the normal order.

  4. Anonymous users2024-02-05

    If it is not diagnosed by a professional doctor, it is.

  5. Anonymous users2024-02-04

    Do depressed patients have the capacity for civil conduct?

  6. Anonymous users2024-02-03

    Legal Analysis: No. Depression alone is generally not considered a restricted civil actor.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 76: Parties may apply to the people's court for an evaluation on specialized issues of ascertaining facts. Where the parties apply for the appraisal of round shirts, the parties shall negotiate to determine a qualified appraiser; and where negotiation fails, the people's court is to appoint one. Where the parties have not applied for an evaluation, and the people's court finds that an evaluation is necessary for a specialized issue, it shall retain a qualified evaluator to conduct the evaluation.

    Article 77: Evaluators have the right to learn about the case materials needed to conduct evaluations, and when necessary, may question parties and witnesses. The evaluator shall submit a written evaluation opinion and sign or affix a seal to the appraisal document.

    Article 78: Where parties have objections to the evaluation opinion, or where the people's court admits that it is necessary to appear in court as an evaluator, the evaluator shall appear in court to testify. Where upon notice from the people's court, the evaluator refuses to appear in court to testify, the evaluation opinion must not be the basis for determining the facts; The party who paid the appraisal fee may request a refund of the appraisal fee.

    Article 79: Parties may apply to the people's court to notify persons with specialized knowledge to appear in court and submit opinions on evaluation opinions or professional issues made by evaluators.

    Article 80: In the inquest of physical evidence or at the scene, the inquest person must present the people's court's identification, and invite the local basic-level organization or the party's unit to send someone to participate. The parties or their adult family members shall be present, and where they refuse to appear, it does not impact the inquest.

  7. Anonymous users2024-02-02

    Depression is divided into mild depression, moderate depression, and severe depression! Patients with mild depression will not have any big picture of life, and they are completely self-care-free! Patients with moderate depression need to go to a regular hospital for examination, and take antidepressant drugs combined with a psychological counselor**, while patients with severe depression will lose their ability to take care of themselves, so it stands to reason that their ability to act should be limited!

    The Marriage Act states that people with depression cannot marry. It's scary, I'm alone in my life.

    Depression in patients with mental disorders. It is a mental illness. Yantai has been included in the reimbursement of serious illness outpatient clinics.

    For the procedures for forensic evaluation of mental illness, see Article 18 of the Criminal Law and the Interpretation of the Legislative Purpose and Provisions.

    See Article 302 of the Criminal Procedure Law and the Explanatory Notes thereto.

    During the onset of major depressive disorder, he is a person with limited civil capacity and is under the care and management of his guardian.

    Yes, it doesn't belong, right? I don't know.

    How long the current situation has occurred.

    How long the current situation has occurred.

  8. Anonymous users2024-02-01

    No, it is required by law.

    Persons with limited capacity for civil conduct are unable to recognize the consequences of their actions because of immature intellectual development or a certain degree of mental disorder. If they are allowed to carry out the act, it may be detrimental to the protection of the actor's own interests and the interests of others.

    Therefore, in this case, the scope of the civil subject's conduct is limited, and it can only personally carry out acts that are compatible with its own intellectual and mental condition, and bear the corresponding consequences of the conduct. Acts that exceed one's own intellectual and mental condition shall be carried out by his or her legal person.

    According to Articles 17 to 24 of the General Provisions of the Civil Law of the People's Republic of China, there are two situations in which persons with limited capacity for civil conduct are restricted:

    Minors over the age of one.

    Article 19 stipulates that minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legal ** or with the consent and recognition of their legal **, but they may independently carry out civil juristic acts that are purely beneficial or civil juristic acts that are appropriate to their age and intelligence.

    2. Adults who cannot fully recognize their own behavior.

    Article 22 stipulates that adults who cannot fully recognize their own acts are persons with limited capacity for civil rent, and the implementation of civil juristic acts shall be carried out by their legal ** person ** or with the consent and recognition of their legal ** person, but Feng Tan may independently carry out civil juristic acts that are purely beneficial or civil juristic acts that are compatible with his intellectual and mental health conditions.

    Determination and revocation of restricted civil capacity for adults:

    Adults' limited capacity for conduct is to be determined by their interested parties or relevant organizations applying to the people's courts for determination.

    Where a people's court designates that a person with limited capacity for civil conduct is to be reinstated as a person with full capacity for civil conduct upon application by the person, an interested party, or a relevant organization, the people's court may find that the adult has been restored to full capacity for civil conduct on the basis of the state of their intellectual or mental recovery.

    Relevant organizations here include: residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, lawfully established organizations for the elderly, and civil affairs departments.

  9. Anonymous users2024-01-31

    1. Does depression have civil capacity?

    Whether there is capacity or not, the court must make a judgment, and if it is serious, it may not, but it needs to be evaluated and judged. Article 187 of the Civil Procedure Law provides that an application for a determination that a citizen lacks or has limited capacity for civil conduct is to be submitted by his close relatives or other interested parties to the basic level people's court for the place where the citizen's residence is adjudicated. The application shall clearly state the facts and basis for the citizen's lack of or limited capacity for civil conduct.

    Article 188:After the people's court accepts the application, when necessary, it shall conduct an evaluation of the citizen who has been requested to be found to have no capacity for civil conduct or has limited capacity for civil conduct. Where the applicant has already provided an evaluation opinion, a review of the evaluation opinion shall be conducted.

    Ertanzhou is good, can depression go unpunished.

    According to the relevant laws of our country, suffering from depression is not a circumstance that is exempt from punishment, so if you commit a crime while suffering from depression, you must bear the corresponding legal responsibility.

    Article 18 of the Criminal Law of the People's Republic of China [Capacity for Criminal Responsibility of Special Persons] Where a mentally ill person causes harmful results when he is unable to recognize or control his own conduct, and it is confirmed through legally-prescribed procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and provide medical treatment;

    When necessary, by ** compulsory medical treatment.

    An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility.

    Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted.

    A person who commits a crime while intoxicated shall bear criminal responsibility.

    We can understand that whether a depressed patient has the ability to act needs to be identified before it is known, and if it is a major depressive patient, it is generally incapacitated, I hope you can understand.

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