The Civil Code does not provide for the punishment of the elderly

Updated on society 2024-06-21
5 answers
  1. Anonymous users2024-02-12

    According to the provisions of the relevant laws of our country, according to the law, it is the legal obligation of the child to support the parents after the child reaches adulthood, and if the obligation is not fulfilled, the child shall bear the civil liability for the payment of alimony; If the child's refusal to support the elderly causes serious consequences, it may constitute the crime of abandonment and bear the corresponding criminal liability.

    Legal basis: Article 26 of the Civil Code of the People's Republic of China provides that 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 of the Civil Code of the People's Republic of China provides that 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.

  2. Anonymous users2024-02-11

    Where the crime of abandonment is constituted, and a person who is old, young, sick, or otherwise incapable of independent living, has an obligation to support him and 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.

    Article 261 of the Criminal Law.

    Crime of abandonment] Refusal to support a person who is old, young, 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.

    Article 1067 of the Civil Code of the People's Republic of China.

    Parents' Obligation to Support and Obligation to Support Children] If 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, who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

  3. Anonymous users2024-02-10

    It is necessary to bear the corresponding legal responsibility. Adult children have the obligation to support their parents. This obligation is indefinite and the child should continue to fulfil this obligation as long as the parents need maintenance.

    And the obligation of maintenance cannot be refused on the grounds of renunciation of inheritance. Parents whose adult children do not perform their maintenance obligations, parents who lack the ability to work or have difficulties in living, and parents whose adult children do not perform their maintenance obligations, who lack the ability to work or who have difficulties in living, may file a lawsuit with the court and have the right to demand maintenance from their adult children.

    Civil Code of the People's Republic of China

    Article 1067: [Parents' Obligation to Support and Obligation to Support Children] Where parents interfere and fail to perform their obligation to support, 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, who lack the ability to work or who have difficulty in living in the limbs, have the right to demand maintenance from their adult children.

  4. Anonymous users2024-02-09

    Legal analysis: children have the obligation to support their parents, children and grandchildren have the obligation to support their grandparents and grandparents under certain circumstances, and the daughter-in-law is not the legal heir to the property of her parents, and the son-in-law is not the legal heir of her parents' property. Adult children are primarily responsible for the maintenance of their parents, or as an unconditional obligation of maintenance, the specific amount of maintenance, if determined on the basis of the actual circumstances.

    Legal basis: Article 26 of the Civil Code of the People's Republic of China provides that 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.

  5. Anonymous users2024-02-08

    China's Civil Code stipulates that husband and wife, parents and children, and adoptive parents and children have the obligation to support each other; step-parents and children, grandparents and grandchildren, grandchildren, and siblings also have the obligation to support each other under certain conditions. In addition, in accordance with the spirit of the legislation and the requirements of socialist ethics, the relationship of support that has in fact been formed should also be confirmed and protected. A person who has an obligation to support must not be denied support.

    However, if the supporter is unable to support due to natural or man-made disasters, his or her own income is too low, and fails to fulfill the obligation to support, it is not a refusal to support.

    For parents who are elderly and have no or no ability to work, or are unable to take care of themselves, and are therefore unable to live independently, they have the obligation to support them as children, and they have the ability to support them but do not support them, causing the parents to commit suicide due to abandonment; A person who is displaced and lost because he has no means of livelihood shall constitute a crime and shall be investigated for criminal responsibility for the crime of abandonment in accordance with the provisions of Article 261 of the Criminal Law.

    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 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 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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