婚姻一方当事人及利害关系人以一方当事人婚前患有医学上不应当结婚的疾病,且婚后尚未治愈为由申请宣告婚姻无效的案例,司法实践中并不乏见。对于不应当结婚的疾病的认定,司法中应当从严掌握为:婚前患有重度、极重度智力低下,当事人不具有婚姻意识能力,或重型精神病,病情发作期有攻击危害行为。 One of the parties to the marriage and the interested parties are not uncommon in judicial practice in cases where one of the parties pre-married with a disease that should not be married to medicine and did not cure the marriage after applying for declaring the marriage null and void. Judgments on diseases that should not be marryed should be strictly controlled in the judiciary: pre-marital suffering from severe, extremely poor mental retardation, the parties do not have the capacity of marriage awareness, or severe psychosis, attacks during the attack have endangered behavior.