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He can sue for not supporting the elderly, and the court will sentence him, but the enforcement is not all smooth and can be enforced.
But there is really such a thing as retribution, as far as the people around me, the family treats the old man badly, abuses the elderly, and then the old man passed away, only a year, the man in this family was diagnosed with terminal cancer, and it is estimated that he will not live long, and now the family is crying and crying.
The woman in this family says that she is miserable every day, and her son is not filial, so she can only send her a sentence, everyone has a time to be old.
I don't believe in retribution, but what I saw this time may be the retribution of the present world.
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How can children be educated and punished if they do not support their parents? This method is the most effective.
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reach the level of abandonment, suspected of committing a crime, and bear criminal responsibility.
According to the law, it is a legal obligation for children to support their elders. China's Marriage Law stipulates that children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand alimony from their children.
The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.
Whoever refuses to support while having an obligation to support, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.
Referring to article 261 of the Criminal Law of the People's Republic of China, the crime of abandonment is a case of refusal to support a person who is old, young, sick or otherwise incapable of independent living, and the circumstances are heinous, and is sentenced to up to five years imprisonment, short-term detention or controlled release.
Article 11 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall fulfill the obligation to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. Therefore, the complete maintenance obligation includes three aspects: material support, spiritual comfort, and life care.
First, housing for the elderly should be properly arranged, and the elderly should not be forced to move to houses with poor conditions. Children or other relatives must not encroach on the housing owned or rented by the elderly, and must not change the property rights or lease relationship without authorization. The caregiver has the obligation to maintain the owner's own home.
Second, the supporter shall not require the elderly to undertake work beyond their means.
Third, the supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights or other reasons. If the supporter fails to fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance. The freedom of marriage of the elderly is protected by law.
Children or other relatives must not interfere with the divorce, remarriage, or post-marital life of the elderly. The dependant shall not be eliminated by the change of the marriage of the elderly.
Fourth, children should not only support their parents, but also respect their parents, care for them, and provide support in all aspects of family life. When they are old, infirm, sick and disabled, they should be properly cared for, so that they can find emotional comfort and live happily in their old age.
At last! If a parent's wrongful behavior causes mental or physical harm to a child, does the child have an obligation to support the elderly parents?
Where, in the course of raising a child, some of their general wrongdoing has caused psychological harm to the child, the child shall conscientiously perform the obligation to support the elderly parents after the child reaches adulthood. However, if a parent commits a crime that seriously harms the feelings and physical and mental health of the child, in principle, he or she loses the right to demand support from the victim. These include:
Parents are guilty of killing their children, fathers are committing rape of their daughters, parents are guilty of abusing or abandoning their children, etc.
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Legal analysis: If the son does not support the elderly, he can negotiate first, and if the negotiation fails, he will file a lawsuit with the court. Adult children have an obligation to their parents to support, support and protect them.
Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
Legal basis: Civil Code of the People's Republic of China
Article 26: Parents have the obligation to raise, educate, and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.
Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
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The elderly may mediate through the people's mediation committee of the neighborhood committee or village committee, or file a lawsuit with the people's court to demand that the son bear the obligation of support.
Article 261 of the Criminal Law of the People's Republic of China: The crime of abandonmentWhere an old, young, sick, or other person who lacks the ability to live independently, who has an obligation to support but refuses to do so, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.
Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the ElderlyThe supporter shall fulfill the obligation to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly.
Extended Resources:
1. The supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights, changes in the marital relationship of the dependents or other reasons.
2. If the supporter fails to perform the maintenance obligation, the supported person has the right to request the supporter to pay alimony.
3. If the supporter fails to pay alimony and jointly share expenses, in addition to paying alimony and jointly sharing expenses, he shall also pay liquidated damages according to 1% of the amount of alimony and jointly shared expenses that should be paid. Litigation costs, attorney fees, transportation expenses, and caregiver expenses incurred due to the supporter's non-performance of this agreement shall be borne by the supporter in breach of contract.
4. If the supporter does not fulfill the obligation of support, he or she shall receive less or no share when inheriting the inheritance.
5. If some supporters fail to perform their obligations, and the other supporters continue to perform the obligations stipulated in the maintenance agreement in the order of seniority and youngness from the next order of the supporters who do not fulfill their maintenance obligations, no supporter shall use this as a reason for his or her failure to perform his obligations.
The content of alimony payment is divided into six aspects:
1) Basic alimony for the elderly;
2) Sickness expenses for the elderly;
3) The cost of care for the elderly who are unable to take care of themselves;
4) Housing expenses for the elderly;
5) Necessary expenditures for mental consumption;
6) Necessary insurance premiums.
Criminal Law of the People's Republic of China.
Law of the People's Republic of China on the Protection of the Rights and Interests of the
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This can be reported to the police and dealt with according to the law.
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For this problem, you can first communicate and resolve the problem with the help of the neighborhood committee or pension association, if it still can't be solved, then it can only be solved through legal means.
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With regard to the issue of children not supporting their parents, according to the relevant laws and regulations of our country, children have the obligation to pay maintenance expenses to their parents who are unable to work or have difficulties in living. First of all, the elderly can seek help from the village committees and neighborhood committees of grassroots organizations, and ask their staff to cooperate in recovering alimony from their children; If the child still refuses to pay under the above circumstances, he or she may file a lawsuit with the people's court. In addition, where it is suspected of constituting the crime of abandonment, the case may be reported to the public security organs and criminal responsibility may be pursued.
Legal basis. The relevant provisions of the Marriage Law of the People's Republic of China, Article 21 [Parents and Children] Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.
In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
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Community workers can be enlisted. For the problem of non-support of children, they can seek the help of community workers, criticize and educate the children, and the community assists in supervision.
If you can't solve things that cannot be solved by reasoning and mediation, you can only solve your own problems through legal channels, and use the law to make decisions and support yourself.
I think that if the elderly really encounter their children who do not support themselves, they should stop thinking about leaving anything for their children, and pay their own money to find a nanny in exchange for their happiness in their old age, no matter whether the nanny is good or not, at least it is much better than no one to serve themselves.
In fact, when people are old, if their children do not support the elderly, in the case of their own conditions, it is okay to go to the nursing home for the elderly, although the nursing home has this or that problem, but he believes that with the gradual improvement of the system, the nursing home will be better and better in the future.
When people are old, if their children do not want to support our elderly, our old people should not be sad and sad, always remember a sentence: "no one is inseparable from whom", so more often, that is, the mentality of our elderly must be positive and sunny, people often say: "all roads lead to Rome" is this meaning, really find our own way of providing for the elderly, and we will live happily and happily in old age!
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What should be done if the son does not support the elderly? If the child must not support the elderly. Then there is only a judicial process.
The child can be charged with abandonment. It is a matter of course for children to support the elderly. It's the same as when a child is young, he also needs to be raised by his parents.
Whether it is a parent's obligation to raise a young child, or a child's adult child to support his or her parents, it is each other's obligations. Whoever is unwilling to fulfill this obligation is guilty of desertion. When the children or parents are not able to live completely on their own, they do not care about them.
It is not only a moral degradation, but also a violation of the regulations stipulated by the country's criminal law. As for the seriousness of the circumstances, it is up to the judge to deal with it at his discretion in accordance with the law. Therefore, if the son does not support the elderly, he should be punished by the law.
It is also a warning to those who are also unwilling to support the elderly.
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The first is to find someone to coordinate, you can ask the elders in the family, or you can find the local village committee or community, or the local mediation committee for mediation.
The second is to sue the son, and the maintenance lawsuit can apply for legal aid.
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Village (neighborhood) committees or people's mediation committees may be requested to conduct mediation, and lawsuits may also be filed in the people's courts. Elderly people can apply for legal aid from the local legal aid center for recourse maintenance.
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It's a tough thing to deal with. When he is old, his son does not support the elderly, and the old man just finds the neighborhood office or village committee. The neighborhood office or village committee can only mediate, and if the old man wants to sue his son, many procedures in the court are enough for your old man to trouble.
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In the case of a son who does not support the elderly, as an elderly person, he can seek judicial help, because it is the obligation of every child to support the elderly, so if the son does not support his parents, the parents can seek local community workers or judicial help.
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First of all, the children have the legal obligation to support the elderly. You can first go to the two parties to communicate and negotiate about the maintenance plan. (Relatives and neighborhood committees can participate), if the communication is fruitless and the children are still unwilling to support, it is recommended to take legal channels, and everyone has the right to protect their own rights and interests.
Since the children don't remember the nurturing grace of the elderly, why are they afraid of Bo Gonggong?
If the elderly are not willing to take the legal route, they can only take the money to support themselves. (You can hire a nanny, a caregiver or live in a nursing home), but if you don't have the financial strength, you can only go through the legal process.
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The son does not support the elderly, the old man can send it to the court to sue him, the smallest judgment also has to take the pension, or you can support the old man through negotiation, raising such a son, the old man is really sad! When the old man reaches old age, there is no one to support him, and it is really pitiful.
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If the son does not support the elderly, the social committee and other such groups may first criticize and educate them, and those who refuse to perform may be resolved through litigation, and those who are heinous and constitute a crime shall be investigated for criminal responsibility in accordance with law.
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The elderly can first go to the community or village committee to ask for help, and if they can't reach a consensus, then they have to go to court to file a lawsuit.
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In the city, you can first go to the community to ask for mediation, and in the countryside, you can first ask the village committee for coordination, and if the coordination fails, then the court will sue the son.
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It is the duty of a child to support his parents, and if he does not fulfill his maintenance obligation, he can go to court to sue for enforcement.
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If the son does not support the elderly, the village or the neighborhood committee can organize mediation, and if it fails, he can go to the court to file a lawsuit.
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You can find the community neighborhood committee or village committee for adjustment, and if the adjustment fails, you can take legal channels.
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First find the village (community) for mediation, and if you still have the fruit, you can go to the local court to file a complaint, so that the law can protect your legitimate rights and interests.
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1. How to deal with the son who does not support the elderly.
1. If the son resolutely refuses to support the elderly, the dispute can be handled in the following ways:
1) Negotiate a settlement. On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute.
2) Mediation settlement. Under the auspices of relevant organizations (such as people's mediation committees, neighborhood committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish right from wrong, clarify responsibilities, and promote the parties to reach an agreement on their own through presenting facts and reasoning, so as to resolve disputes.
3) Litigation Resolution. Settlement through litigation refers to the fact that one of the parties to the dispute files a lawsuit with the people's court in accordance with the law, and the court hears the case in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory enforcement of the people's court.
2. Legal basis: "New Law on the Protection of the Rights and Interests of the Elderly".
Article 73: Where the lawful rights and interests of the elderly are violated, the victim or his or her ** person has the right to request that the relevant departments handle it, or to file a lawsuit in the people's court in accordance with law.
Article 75:Where disputes arise between the elderly and their family members over maintenance, support, housing, property, and so forth, they may apply to the people's mediation committee or other relevant organizations for mediation, and may also directly initiate litigation in the people's courts.
When people's mediation committees or other relevant organizations mediate disputes in the preceding paragraph, they shall resolve conflicts and disputes through methods such as persuasion and counseling; Family members who are at fault shall be given criticism and education.
The people's courts may rule in accordance with law to enforce the elderly's application for recovery of alimony or alimony.
2. What should I do if my children do not support the elderly for 28 years?
Hello, if the negotiation fails, the prosecution will be handled, 1. Civil indictment. (2 copies for 1 defendant, 3 copies for 2 defendants, and so on, all must be signed or sealed by the plaintiff) 2. Catalogue and photocopies of the main evidence materials. (2 copies for 1 defendant, 3 copies for 2 defendants, and so on) 3. 1 copy of the plaintiff's ID card and the original copy for inspection.
If the statutory (designated) person sues on his behalf, he or she shall submit a copy of his or her ID card and a copy of the supporting materials of the relationship with the plaintiff, and at the same time provide the original for inspection. If you don't have an ID card, you can provide other identification materials. 4. If you entrust another person to litigate, you must also submit a power of attorney with clear authorization and a copy of the trustee's ID card, and provide the original for inspection.
5. If a lawyer is entrusted to litigate, it is necessary to submit a power of attorney with clear authorization and a copy of the law firm's certificate, letter and lawyer's certificate of accepting the entrustment. 6. If the defendant is a unit, provide the defendant's basic industrial and commercial information. (For those who sue individuals, some courts require additional information on the identity of the defendant) Note:
All of the above materials must be made of A4 paper.
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