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If there is a refusal to support the parents, or if the dispute arises due to the forced alimony, the relevant departments may mediate or the people's court may handle it in accordance with litigation procedures. Where there is a refusal to support them, and the circumstances are heinous, and a crime is constituted, legal responsibility shall be pursued in accordance with law.
China's "Marriage Law" stipulates that 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. Children's support for their parents refers to the material and economic provision of necessary living conditions for their parents by adult children, and support refers to the care, help and care of adult children for their parents in spirit and life. The subject of the obligation to support and support is generally adult children.
The obligation of children to support their parents is a legal obligation that children must fulfill under the law, and it is also the responsibility of every adult to the family and society.
China's newly revised Law on the Protection of the Rights and Interests of the Elderly was officially implemented: for the first time, the ninth day of the ninth lunar month was clearly designated as the Elderly Day. In addition, the new law provides:
Family members must not ignore or neglect the elderly; Those who live separately from the elderly shall visit or greet them frequently. "'Always go home to see' is officially written into the law, and if children do not go home often to see the elderly, it should be illegal. "Not to mention the situation where children do not support their parents.
It is a legal obligation of a child to support his or her parentsIf the obligation is not fulfilled, the civil liability for the payment of alimony shall be assumed; No matter what the circumstances, children have to fulfill their obligation to support their parents! Refusal to support the elderly may have serious consequences, which may constitute the crime of abandonment, and there is a possibility of imprisonment!
If a child fails to fulfill his or her obligation to support his or her parents without cause, he or she can defend his or her rights in the following ways:
1. Seek help from community workers. 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.
2. Initiate a civil lawsuit. If the child does not fulfill his obligation to support his children, the elderly can entrust a lawyer to file a lawsuit with the court. If the supporter fails to perform the maintenance obligation, the elderly person has the right to demand maintenance from the supporter.
3. Pursue criminal responsibility. Where a person who is old, young, sick, or otherwise incapable of independent living has an obligation to support but refuses to support them, and the circumstances are heinous, a sentence of up to five years imprisonment, short-term detention, or controlled release is to be given. A child who does not fulfill his or her maintenance obligations may be guilty of desertion.
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1. Support for the parents of the children.
China's Civil Code also stipulates that children have the obligation to support their parents, and when 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 main content of maintenance and support means that under the existing economic and social conditions, children should financially provide their parents with necessary daily necessities and expenses, and should respect, care and take care of their parents in life, spiritually and emotionally.
Adult children who can afford it, regardless of gender, married or unmarried, shall make every effort in accordance with the law to fulfil this obligation until the death of their parents when their parents need support.
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.
In order to protect the legitimate rights and interests of dependents, the Civil Code stipulates that when a child fails to perform the obligation of support, parents who are unable to work or who have difficulties in living have the right to demand maintenance from their children. Those who refuse to perform may be resolved through litigation, and where the circumstances are heinous and constitute a crime, their criminal responsibility is to be pursued in accordance with law.
2. The younger generation supports the elders.
The Civil Code stipulates that grandchildren and grandchildren who can afford it have the obligation to support their grandparents and grandparents whose children have died.
This maintenance is conditional, i.e., the grandchild is able to afford it, and the grandparent's child is deceased.
Children need to support their parents, otherwise they may have to bear some responsibility. 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 maintenance from their children.
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If the child does not support the elderly, the elderly may file a lawsuit with the court to demand that the child pay maintenance expenses。If the payment is not made after the lawsuit is filed, the court may enforce it. where a violation is constituted, administrative punishment shall be imposed in accordance with law.
where a crime is constituted, criminal responsibility is pursued in accordance with law
Legal basis].Law of the People's Republic of China on the Protection of the Rights and Interests of theArticle 14The 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 spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.
Article 76 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly interferes with the freedom of marriage of the elderlyWhere an elderly person has an obligation to support or support an elderly person but refuses to support or support them, abuses the elderly, or commits domestic violence against the elderly, the relevant units are to give criticism and education; where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law
Law of the People's Republic of China on the Protection of the Rights and Interests of the
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Failure to support the elderly is illegal and may face the following legal consequences:
1.Civil liability: In the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, the rights and responsibilities of the maintenance obligor are stipulated, and if the maintenance obligation is not fulfilled, the person may be required to bear the responsibility for maintenance, pay maintenance if necessary, or even be held legally responsible.
According to the relevant provisions of the Criminal Law of the People's Republic of China, the person who abandons the helpless elderly person may be sentenced to up to 3 years imprisonment or short-term detention and a fine; If the circumstances are serious and constitute a crime, they will also face criminal prosecution.
3.Social justice: The behavior of not supporting the elderly is not only a violation of family morality, but also a loss of social morality, which will be condemned and criticized by the society, and may have a bad social evaluation of it.
In short, supporting the elderly is an important family and social responsibility. The law will punish those who do not fulfill their maintenance obligations to protect the basic rights and interests of the elderly, and also remind us that we should strengthen family ethics education, cultivate more family responsibility, and let the elderly receive better care.
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The legal consequences of not supporting the elderly are mandatory, and future generations will laugh at you.
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Hello, the consequences of not supporting the elderly are dealt with according to the severity of your circumstances, and if it is a serious case, there must be a legal duty.
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The obligation to support the elderly shall be enforced in accordance with the judgment of the court. If you resist law enforcement, you will be detained or your bank account seized, and there are many ways to do so.
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Refusal to support an elderly person may constitute the crime of abandonment, and when a child fails to fulfill his or her maintenance obligations, parents who are unable to work or who have difficulties in living have the right to demand maintenance from their children.
Children's support for their parents refers to the material and economic provision of necessary living conditions for their parents by adult children, and support refers to the care, help and care of adult children for their parents in the spirit and life of socks.
The subject of the obligation to support and support is generally adult children. The obligation of children to support and support their parents is a legal obligation that children must fulfill under the law, and it is also the responsibility of every adult to the family and society.
Legal basis: Article 1067 of the Civil Code.
If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the 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.
1. Does the child have the right to inherit if he or she fails to fulfill the obligation of support?
Those who do not support the elderly have the right to inherit. The law stipulates that if an heir who has the ability and conditions to support him or her does not fulfill his obligation to support him, he or she shall not share or receive a small share of the inheritance when distributing it. Article 1125 of the Civil Code clearly stipulates the circumstances of loss of inheritance rights, and failure to support the elderly does not fall within the scope of statutory loss of inheritance rights.
Legal basis: Article 1125, Paragraph 1 of the Civil Code.
If the heir commits any of the following acts, he or she shall lose the right of inheritance:
1) Intentionally killing the decedent;
2) killing other heirs for the purpose of competing for an inheritance;
3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;
4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;
5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.
Article 1130.
Three or four paragraphs. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.
If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
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The most serious consequence is criminal liability. Failure to support the elderly can be resolved through mediation by the relevant departments or through litigation. Those who refuse to pretend to be abused and the circumstances are heinous and constitute a crime shall be investigated for criminal responsibility.
Whoever refuses to support a person who is old, young, sick, or otherwise incapable of independent living has the obligation 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 1067 of the Civil Code of the People's Republic of China Where parents fail to fulfill 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 omits a person who is old, young, sick or otherwise incapable of independent living and 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.
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Legal analysis: If you do not support the elderly, you can be mediated by the relevant departments or resolved through litigation. Where refusal to support them is heinous and constitutes a crime, criminal responsibility is pursued.
According to the second paragraph of Article 1067 of the Civil Code, if an adult child fails to perform the obligation of support, lacks the ability to work or has difficulty in living, the parent who is hungry or blind has the right to demand alimony from the adult child.
Article 76 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that those who interfere with the freedom of marriage of the elderly, refuse to support or support the elderly, abuse the elderly and repent, or commit domestic violence against the elderly, shall be criticized and educated by the relevant units; where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law
Legal basis: The second paragraph of Article 1067 of the Civil Code stipulates that parents who fail to perform their maintenance obligations and who lack the ability to work or have difficulties in living have the right to demand alimony from their adult children.
Article 76 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that those who interfere with the freedom of marriage of the elderly, have the obligation to support or support the elderly, refuse to provide support or support, abuse the elderly, or commit domestic violence against the elderly, shall be criticized and educated by the relevant units; where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law
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