Article 82 of Mental Health Law of China recognizes that persons with mental disabilities can lawfully bring litigations in front of courts when they find their rights and interests violated. It can be regarded as an advancement and a response to a common phenomenon in China：many persons with mental disabilities cannot protect their rights in courts because they are normally classified as persons lacking the capacity to sue and therefore their guardians shall represent them. However，it is also common that guardians are not active in rights protection for those who are under guardianship，even the guardians sometimes are exactly those who violate rights. In light of the new legislation，this article will examine and analyze relevant laws and regulations，recent cases in China as well as provisions of the UN Convention on the Rights of Persons with Disabilities，in order to encourage further research and explorations in this field. In addition to traditional legal research methods，qualitative research method is adopted in this paper in a very limited scale.