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Chapter II of the Constitution of the People's Republic of China: Basic Rights and Duties of Citizens.
What is stipulated are basic obligations!
Therefore, "adult children have the obligation to support their parents" is the basic obligation of citizens.
Attached: Constitution of the People's Republic of China
Chapter II: Basic Rights and Duties of Citizens.
Article 42 Citizens of the People's Republic of China have the right and obligation to work.
Through various means, the State creates conditions for labor employment, strengthens labor protection, improves labor conditions, and increases labor remuneration and welfare benefits on the basis of developing production.
Labor is the glorious duty of all citizens who are able to work. Workers in state-owned enterprises and urban and rural collective economic organizations should treat their labor with the attitude of being the masters of the state. The State advocates socialist labor competition and rewards model workers and advanced workers.
The State encourages citizens to engage in compulsory work.
Article 46: Citizens of the People's Republic of China have the right and obligation to receive education.
The State cultivates the all-round development of youth, adolescents and children in terms of morality, intelligence and physique.
Article 49: Marriage, family, motherhood and children are under the protection of the State.
Both husband and wife have the obligation to practice family planning.
Parents have the obligation to raise and educate their minor children, and adult children have the obligation to support and support their parents.
It is forbidden to undermine the freedom of marriage and to abuse the elderly, women and children.
Article 52: Citizens of the People's Republic of China have the obligation to preserve national unity and the unity of all ethnic groups throughout the country.
Article 55 Defending the motherland and resisting aggression is the sacred duty of every citizen of the People's Republic of China.
Military service and participation in militia organizations in accordance with the law are the honorable obligations of citizens of the People's Republic of China.
Article 56 Citizens of the People's Republic of China have the obligation to pay taxes in accordance with law.
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Adult children have the obligation to support and support their parents, which is a basic legal obligation, and at the same time, honoring their parents is also a traditional virtue of the Chinese nation and a basic norm for life.
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The answer to the question of the basic of the legal duties of citizens is unquestionable.
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Adult children have the obligation to support their parents" is a basic obligation of citizens.
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The Constitution of the People's Republic of China has provisions.
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Legal Analysis: According to Article 49 of the Constitution of the People's Republic of China, adult children have the obligation to support and support their parents. The Law on the Protection of the Rights and Interests of the Elderly stipulates that a supporter may not refuse to perform his or her obligation to support him on the grounds of renunciation of his right of inheritance or other reasons.
Legal basis: Article 1074 of the Civil Code of the People's Republic of China Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents or grandparents who have died or whose children are unable to support them.
Article 23 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: The elderly and their spouses have the obligation to support each other. Where a younger brother or sister who is supported by a brother or sister who is supported by Sister Lu becomes an adult, and has the ability to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.
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Legal Analysis: There is no age limit for supporting parents, and it is the obligation of children to support their parents, regardless of the age of their parents. The Constitution stipulates that adult children have the obligation to support their parents.
Children have the obligation to support their parents, and when their children fail to perform their duties of support, parents who are unable to work or have difficulties in living have the right to demand maintenance from their children.
Legal basis
Civil Code of the People's Republic of China Article 1067 Where parents fail to 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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1. Children have the obligation to support their parents. 2. When the child fails to fulfill the obligation of support, the parents who are unable to work or have difficulties in living have the right to demand the payment of alimony to the child. It clarifies that children should fulfill their obligation to support their parents, and on the other hand, it also clarifies that there are two conditions for parents to require their children to pay alimony, one is that they are old and infirm, and the other is that they are unable to work, and the other is that they have difficulties in living.
1. The content of alimony payment is divided into six aspects:
1. Basic alimony for the elderly.
2. The cost of illness of the elderly.
3. The nursing expenses of the elderly who cannot take care of themselves.
4. Housing expenses for the elderly.
5. Necessary spiritual consumption expenditure.
6. Necessary insurance costs.
2. How to determine the standard of partial alimony.
1. For the basic alimony of the elderly, the per capita consumption expenditure of local residents and the subsistence allowance can be set as the upper and lower limits, and calculated in combination with the proportion of the dependent's income m (such as about 20).
2. For the medical expenses incurred by the elderly when they are sick, except for the insurance claims, the rest of the expenses shall be included in the alimony according to the bill amount of the medical department.
3. For those who are unable to take care of their children due to illness or old age and infirmity, the nursing expenses shall be included in the alimony fee, and this cost will be calculated according to the certificate of the relevant pension institution or the standard of local general employees.
4. For the housing expenses, necessary mental consumption expenses and necessary insurance expenses of the elderly, the maintenance expenses shall be calculated on the basis of the corresponding expenditure invoices.
Legal basisArticle 1074 of the Civil Code of the People's Republic of China provides that grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.
Article 3 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: The elderly and their spouses have the obligation to support each other. Where a younger brother or sister who is supported by an older brother or sister becomes an adult and has the ability to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.
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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.
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. Supporters refer to the children of the elderly and other persons who have the obligation to support them in accordance with the law. The supporter shall assist the supporter in fulfilling the maintenance obligation.
The caregiver shall ensure that the sick elderly receive timely ** and care; For the elderly who have financial difficulties, medical expenses shall be provided. For the elderly who are unable to take care of themselves, the caregiver shall bear the responsibility of care; Where they cannot take care of them in person, they may entrust others or elderly care establishments to take care of them in accordance with the wishes of the elderly.
The supporter shall make proper arrangements for the housing of the elderly and the stupid, and shall not force the elderly to live in or move to a house 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. For the elderly's own housing, the supporter has the obligation to bury and repair it.
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