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结合具体案例,从指定监护的成立条件、委托监护与诉讼代理的关系、监护资格的否认等三个方面,探讨精神病人涉讼时代理人的确定问题。在精神病人的法定监护人没有放弃监护权、或者没有被依法剥夺监护权时,其他人是不享有监护权的。无行为能力人的监护人即使将参加诉讼的权利委托给其他代理人,其作为该无行为能力人的法定代理人的身份也仍然不会改变,被委托人也只能以委托代理人的身份参加诉讼。
Combining with specific cases, this article discusses the identification of the agent of the psychiatrist during litigation from the following aspects: the conditions for the establishment of the designated guardianship, the relationship between the entrusted guardianship and the litigation agency, and the denial of guardianship qualification. When the legal guardian of a mentally ill person has not given up custody or has not been deprived of guardianship by law, others do not have guardianship. Even if guardian of the incapacitated person delegates the right to participate in litigation to other agents, his or her status as the legal representative of the incapacitated person will not change, and the principal may only participate as an attorney litigation.