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Where the children do not support the elderly, or the parents lack the ability to work or have difficulties in living, they may request the adult children to pay alimony. If the case refuses to support a person who is old, young, sick or otherwise incapable of independent living, and the circumstances are heinous, it may constitute the crime of abandonment and shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.
Article 26 of the Civil Code of the People's Republic of China: 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.
Article 261 of the Criminal Law of the People's Republic of China [Crime of Abandonment] Where a person who is old, young, sick, or otherwise incapable of independent living has an obligation to support but refuses to support him, and the circumstances are heinous, he is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.
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For children who do not support the elderly, this is definitely not possible, because as a child is obliged to support the elderly, now if he does not support the elderly, then his personal credit will be included in the credit system.
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If the children do not support the elderly, then the elderly can make the children pay the relevant maintenance expenses through legal means, and the serious children may also be included in the credit blacklist.
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The verdict is public, anyone can see it, how embarrassing, the judgment is to pay alimony, it is enforced if it is not given, it is blacklisted, and high consumption is restricted.
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If the child does not support the elderly, if the circumstances are serious and constitute the crime of abandonment, he will be sentenced to criminal punishment and will be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. If the child fails to perform the obligation to support, the parents may initiate criminal proceedings on their own or report to the public security organs to initiate a public prosecution, and if the court finds that the crime of abandonment is constituted after trial, it will impose a criminal penalty on the child who does not bear the obligation to support in accordance with law.
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From the above cases, it can be seen that children have an obligation to support their parents. Those who abandon or abuse their parents, and the circumstances are heinous, shall bear criminal responsibility. So what are the consequences if the children do not support the elderly?
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 dependent, or other reasons.
2) Supporting the elderly shall fulfill the obligation of financial support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly. For those who fail to fulfill their obligation to support, the supporter needs to bear civil liability, and the specific legal responsibility is judged on the basis of the specific circumstances of the case.
3) If the decedent does not fulfill the obligation to take care of and support the deceased, the inheritance may be divided without or in a small amount.
4) Abandonment of dependents who are incapable of independent living shall be detained for up to five days or given a warning.
5) Refusal to support a person who is old, sick, or otherwise incapable of independent living, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.
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If the child does not support the elderly, and the circumstances are heinous, he or she may be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.
Article 261 of the Criminal Law of the People's Republic of China stipulates that a person who is old, young, sick or otherwise incapable of independent living has an obligation to support but refuses to support him, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.
Article 10 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that the elderly mainly rely on the family for the elderly, and family members should care for and take care of the elderly.
Article 14 stipulates that the supporter shall be obliged to cultivate the fields contracted by the elderly, take care of the forests and livestock of the elderly, etc., and the proceeds shall belong to the elderly. Article 15.
The supporter must not refuse to perform the obligation of support 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 caregiver shall not require the elderly to undertake work beyond their means.
Article 261 of the Criminal Law of the People's Republic of China? Where 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 15 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: Supporters shall enable the sick elderly to receive timely care 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.
Article 10 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, the people** at all levels and relevant departments shall give commendations or awards to organizations, families or individuals that have made outstanding achievements in safeguarding the legitimate rights and interests of the elderly and respecting the elderly, providing for the elderly, and helping the elderly, and who have made outstanding contributions to participating in social development.
Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: Supporters shall perform their obligations 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 spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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