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Yesterday, the newly revised "elderly Protection Act" into effect. The new law: family members should be concerned about the spiritual needs of the elderly, can not be ignored, neglected elderly. And elderly family members living apart, the elderly should frequently visit or greeting. For this regulation, the media have to be interpreted as "Huijia look into law, will not often visit the elderly an offense."
Introduction of the implementation of this law will be in a society attracted wide attention. So, how to identify from the law "often" concept, and how to monitor and perform? Yesterday, on this issue, the reporter contacted a number of grass-roots court judges, most of them said, the relative judgment, they are more inclined to mediation. □ correspondent Sun reporter Joe Jin Ping Zheng Zhenguo
Case
Seven-year-old mother of four children want to sue
They reflect on their children: the mother really care too
Not long ago, Jiangbei Court encountered such a thing. One Laotai,Louboutin Baskets Femme, 73 years old this year, has three sons and a daughter.
The eldest daughter married into Shanghai, Ningbo rarely return. Three sons, although in the side, but as busy, with little time to see her, even the phone rarely. Laotai very proud for their children, his monthly pension of 2,000 yuan enough livelihoods. However, after his wife died, a man living let her feel lonely.
When chatting with neighbors next door, she heard other children to help elderly people to work,http://u.8264.com/home.php?mod=space&uid=40206710, conditions are not good and often remember to buy a la carte to take a look at the old man, angrily to sue their children.
Laotai said that her physique is tough,Louboutin Mary Jane, life can take care of themselves, do not need a nanny to take care of, is around less personal talk. Others suggested that she go to nursing homes, afraid of hurting her sons and daughters and face,http://www.2188c.com/home.php?mod=space&uid=98883, always wanted them to see her. In fact, some children do not do not run, but from time to time, sometimes come once but received a phone call and left.
At that time, the newly revised "elderly Protection Law" has not yet introduced, Laotai to sue their children do not come to see her, this cause of action the court was inadmissible. This. Laotai said: "They would have to pay alimony, nor to how much money they give,http://bbs.bz168e.com/home.php?mod=space&uid=14260,Louboutin Escarpins, how much you just give points to hundreds of dollars is also OK I have only one request, let them hand-delivered monthly. "
Understand the situation, the judge contacted immediately telephone Laotai of several children. Children have said they would regularly go to visit his mother, reflect on their own mother did care too little.
Coincidentally, yesterday, Ninghai court together old son reported cases. Among them, 1,000 yuan for medical expenses for the elderly to tell his son, adding that his son has been more than two years did not see myself.
Hot
How to be considered "often"?
Not no home is too busy
By the end of 2010, China's 60 years of age or older reached 178 million, 13.26% of the total population. Revised "elderly Protection Law" Chapter 50 extended from 6 to 9 chapter 85. The new law increased the social security, social services, but also emphasized the fundamental role of family pension, child support,http://lq-2011.com/home.php?mod=space&uid=185362, as people have the economic support, life care, spiritual comfort, take care of the special needs of the elderly obligations.
Yesterday, "Huijia look" into law after, immediately aroused wide public discussion.
Public Wang told reporters, "This 'regular' how to define it once a week, once a month, or six months time?"
Anhui people working in Ningbo Chen on strong views "on the outside is not easy to earn money,http://www.xywenju.com/news/html/?4438.html, usually very little time to rest, there is no time to go home, plus home fare but also a lot of money Huitang , run into the Spring Festival, tickets are not even buy, how often go home to see it? "
"In fact, this law is useless, even if children do not always go home, but how many parents to sue their children do?" Said Uncle Liu, who lives in Zhenhai, legal starting point is good, but the implementation is difficult.
In this regard, yesterday, the reporter also did one on "How often do you go back to a home, how long a phone call to the family," the investigation.
After investigation by the network, etc., the reporter found that more than half of respondents said only in the New Year holiday will even go home. And this group is mainly concentrated in the 80 and 90, mainly college students and office workers mainly work soon. The reason, they speak most is: "too busy, no time." In comparison to the situation is a little better call home, nearly a third said they often call home.
Court
Right of appeal according to the law will protect the elderly
Compared judgment prefer mediation
Then, "Huijia look" into law after the judge and how to treat it? In this regard, this reporter asked a number of grass-roots judges of the Court.
A grassroots Jiangbei Court judge told reporters, the newly revised "elderly Protection Act," the family members concerned about the spiritual needs of the elderly, the elderly should frequently visit or greeting written into the law, the equivalent of the moral obligation to rise to the legal obligations height. Because the law has just implemented, yet no such precedents, but at least before the court will not entertain such cases, now accepted, and made into instruments themselves have a warning.
Then,http://bbs.tt919.com/read.php?tid-262522-fpage-80.html/read.php?tid-262522-fpage-80.html/post.php?fid=18?fid=18, once we received such a case, the judge, how will you deal with it?
In this regard,Louboutin Sandales, a grassroots Ninghai court judge, told reporters that the court will protect the right of appeal according to the law of the elderly, but more inclined to mediate between the two sides, because the decision might not be able to achieve the desired results, but also to the implementation of other issues. The current legal regulations, and does not specify how long to visit the elderly, to see how long each other specific circumstances, it is difficult to quantify. Meanwhile, the current implementation of many units did not really home leave, sabbatical leave treatment, there are some objective difficulties.
But the reporter has learned that the judges generally agreed that Huijia see face to face visit is not limited, and may be another expression of telephone or SMS emotional way, they are emphasizing to give spiritual comfort the elderly.
Lawyer
A certain enthusiasm and forward-looking
But palliatives
Yesterday,http://www.youyoujiaoyou.com/bbs/home.php?mod=space&uid=1639, this reporter consulted a lawyer in Zhejiang and justice Zhi Bao.
Zhi Bao lawyer told reporters, "Huijia look" into the law, originally belonged to the family ethics and morality of individuals to define quality levels and restraint, up to the legal level, a legal right to the elderly, to children of a legal obligation to honor the law to promote the family into a new era, it is the sublimation of the rule of law, with a certain enthusiasm and forward-looking.
"But you must see that, 'Huijia look" into law after the execution of the application and the difficulty of how to define' regular '? "Said Li Zhi Bao, children of overseas workers to earn a livelihood, for which he could have faced home or fall into the "home difficult" situation.
Thus, even if the court should often visit his parents children ruling, this decision is not easy to implement. To this end, Li Zhi Bao believes that children "home difficult" and other reality before the objective to remove obstacles in front to force the pension and health care system really established to implement separate legislation, "Huijia look" palliative.
Stone hills]
Wuxi's first hammer spiritual support case
The judge ruled period to visit the elderly
July 1 morning, Wuxi City Beitang District Court cases together support public hearing, sentenced the defendant named Ma, Zhu addition to undertaking the plaintiff a certain reservoir of financial compensation, the need to at least every two months to live at the old Greetings once visited. This is the first case of judgment "elderly Protection Law" after.
Reserve a plaintiff is 77-year-old Granny, defendant named Ma, Zhu is her daughter, son. Earlier, Chu signed a protocol with two children,Louboutin Soirée, and include his by his daughter-in-law responsible for the pension, but after years of harmony, a store with her daughter in a conflict, but after a fit of anger away, to his son to live at home, so far, a store with her daughter named Ma considered a "draw a line" after his daughter named Ma Granny home, did not go to visit.
However, because of gas so she treated her daughter, under a reservoir of anger daughter-in-law to court. Court, a son and son-store outdone, debated. Court in the case of unsuccessful coordination, sentenced the defendant named Ma needs to store at least every two months at a live greeting to visit once, the Dragon Boat Festival, the Double Ninth Festival, Mid-Autumn Festival, National Day, New Year's Day the festival, named Ma should be at least Reserve a visit to be arranged within the two during the holiday season.
The judge held that although the new law will "Huijia look" into the provisions,http://7pf.hk/albums/displayimage.php?pid=3888, but how regulatory enforcement did not make specific provisions. The court case, just a try, how the actual results, the need to examine the judicial practice.
According BEIJING |
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發表於 2015-6-26 19:57:55
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