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我国法律根据成年人对自己行为的辨别和控制能力将其划分为完全民事行为能力人、限制民事行为能力人和无民事行为能力人。行为能力决定了诉讼能力,行为能力的有无也必然会对诉讼权益产生影响,保护好欠缺民事行为能力人的诉讼权益是民事审判过程中必须予以重视的问题。但我国监护制度的不足导致对欠缺行为能力人的诉讼权益的保护难以到位,本文将通过对欠缺行为能力人的情形及行为能力的宣告制度来讨论完善其诉讼权益保护的方法。
According to the law of our country, adults can be divided into fully capable civil capacity, limited civil capacity and non-civil capacity according to the ability of adults to distinguish and control their behavior. The ability to act determines whether the litigation ability or the ability to act will inevitably affect the rights and interests of the litigation. Protecting the rights and interests of litigants who lack the capacity for civil conduct is an issue that must be taken seriously in the civil trial. However, the insufficiency of the guardianship system in our country leads to the protection of the litigation rights and interests of those lacking the ability of action difficult to put in place. This article will discuss how to improve the protection of litigation rights and interests by means of the declaration of the situation and capacity of the incapacitated person.