"Often come home look " the judge that enter a law says nonperformance court decision can chase after punishment duty

CFP offers a plan

Citizen doubt: How to cry " constant " ? How to calculate " look " ?

Judge commentate law: Be sentenced to come home to still be not answered, will be sentenced

Core clew | Without inquire after sb's health, circle genu without children and grand children, the old person looks to let children often come home, must be on law court. But suffer from cannot can depend on, the judge is in when hearing this kind of case, also hurt show head. And carry out formally on July 1 as law of safeguard of rights and interests of new castigatory old people, if children is seldom come home see an old person, will be maintained to be illegal behavior.

So, how long to come home to just calculate after all " often come home " ? How to superintend? New law is carried out cause attention of all circles height.

Case

The old person accuses the child

Look to let children often come home only

Defending deserted home, the Li Da's Mom after retiring and old partner, the heart was full ofbrass faucet loneliness. Final, two old people tell 3 young man and woman the court, request court sentences your children people weekly end comes home and parents reunites.

Li Da's Mom lives in treasure abundant county, her desire just can see children, eat a meal together, chat a little. Final, the court intervenes with mediating means this case. Actually, children of similar old person requirement is assumed " mental provide for " compulsory case still has a lot of.

Liu Gaihua of presiding judge of 4 front courtyard says punishment of province tall courtyard, because do not have clear legal basis, some courts can reject the lawsuit of the old person to request, and another some of court supports lawsuit to request, the focus of controversy depends on " mental provide for " it is moral obligation or legal responsibility after all. New modification old people rights and interests guarantees a standard, criterion will " mental provide for " bring into legal scope, final will " mental provide for " from moral responsibility " sclerotic " for legal obligation. This law makes clear a regulation: "Domestic member ought to care the mental demand of old people, do not get negligence, desolate old people. With the domestic member that old people lives apart, often ought to be visited or send one's respects to old people. Often ought to be visited or send one's respects to old people..

modern dining chairsThis regulation will try this kind of case to provide legal basis henceforth for the judge.

Setting

Aged arrival

Ecbolic " often come home look " code

New law the 18th the 2nd section provision " (domestic member) often ought to be visited or send one's respects to old people " , to this clause, the proponent thinks will " often come home look " the just sex that emphasized ethical ethics already into the law, provided a basis for judicatory practice again, reflected the kindness of the law. Anti offerred different view from maneuverability respect.

Liu Gaihua discloses, old to what made 1996 law undertake modification, the biggest setting is population aged. Law of safeguard of rights and interests of the old people after revising expanded 50 times from 6 chapters 9 chapters 85, on the whole, modification range is bigger. Add clausal content majority newly to belong to the respect such as social service and fitting room environment. New law added service of social security, society, also emphasized the fundamental effect of domestic provide for the aged at the same time, as filial support person economy offers up a sacrifice raise, attend on the life, on spirit placatory, take care of old people the obligation of special demand.

Heat is discussed

How to cry " constant " , how to calculate " look "

The citizen exafree norton internet antivirusmines minutely " often come home look "

"How does appearance cry ' constant ' ? Weekly? January? Be still half an year? " " ' look ' how should look? Take money or take fruit, nourishment, still be whats are taken, come back does circuit twist a head to go? " in Luoyanfree watch caseg, citizen heat is discussed " often come home look " into the law.

Citizen Lin Yuan asks: "If weekly, does that say the whole nation is very much outer did working child break the law? " he says, oneself son works in foreland, often cannot come home look, he and old partner can understand. "At ordinary times a week should make a telephone call at least one times, we also can understand. We also can understand..

"Calculate children to often do not come home, a few parents can go again does shape tell his young man and woman? " retired worker Gu Jun says, although new law jumping-off place is good, but he thinks this one get very hard fulfilling. He thinks, the court is sentenced hard, it is difficult alsbrass faucet aerator o to was sentenced carry out.

"Was old person and children to produce issue for this, how will obtain evidence, how punish is a problem. " the son of citizen Li Jianmin also is a north float a group of things with common features, ferial job is busy, very rare time comes home, "He is better for the life in our home those who go out, cannot accordingly (seldom come home look) say he is not filial. Cannot accordingly (seldom come home look) say he is not filial..

Commentate law

Nonperformance court court decision can chase after punishment duty

Say to citizen planorth face shirtsce " the court is sentenced hard, it is difficult also to was sentenced carry out " say, liu Gaihua explains, new law the 18th the 3rd section provision " unit of choose and employ persons ought to ensure support person to visit one's family about the regulation according to the country off right " ; In the 75th regulation of legal liability portion, "Have provide for, bring up to old people compulsory and reject provide for, bring up, offer criticism education by concerned unit " . In addition, once law adjudicates children assumes provide for to reach,visit wait for obligation, filial nonperformance law adjudicates obligation, the court can adjudicate a blame according to refus nonperformance court, to filial measurement of penalty.

Proposal

Relevant unit is first promote a dutiful son

Liu Gaihua thinks, implement this one system, need tries hard from 3 respects: Strengthen conduct propaganda, the purpose that lets people realise this system is established morely depends on increasing old people happiness and benefit; Ask soundly duty mechanism, organization of autonomy of old people relatives and friends, community and civil administration branch should be strengthened supervise; Build guardian sincere letter evaluates a system, right the person that include red list is in rising first consideration wants when promoting appoint.

Luoyang city enters Xie Liang of attorney office solicitor to think greatly, the it is certain to have flexibility that law provides, time concept is relatively vague, come home see an old person, still basically rely on moral sense to undertake restraining. Look in him, private domain, moral tie is more effective than legal tie, from the society more person appeals on public opinion guiding " often come home look " .

[news is outspread]

New law ensures rights and interests of old person the people's livelihood from 5 respects

Have a meal, housing, see a doctor...

In addition, the risk that the law after revising faces from place of life of old people old age and difficult problem proceed with, attention has a meal, housing, see a doctor wait for 5 respects.

Have a meal problem: Primary endowment insurance ensures the life

Law makes clear a regulation, the country adopts system of primary endowment insurance, ensure the basic life of old people. Country according to economic progress and worker average wage growth, prices rises wait for a circumstance, timely raise provide for the aged to ensure a level. Legal provision, the country is bthe most popular watch casesuilt and perfect system of supharrison hot spring public poolport of old people omodern dining watch case manufacturerchairsf family planning family.

Disease risk: Nurse for a long time safeguard is begun stage by stage

Break to answer what old people may be faced with effectively can risk, legal provision, the country is begun stage by stage nurse for a long time safeguard works, ensure old people nurse demand. Cannot provide for oneself for a long time to the life, the old people of economic difficulty, the place is various the government ought to be broken according to its can the circumstance such as degree gives nurse allowance.

Law returns a regulation, the country adopts system of insurance of primary medical treatment, ensure the need of primary medical treatment of old people. Concerned division system decides way of medical treatment insurance, ought to give to old people take care of.

Service demand: Expand service of provide for the aged of urban and rural community

Legal provision, old people provide for the aged is a foundation with occupying the home, domestic member ought to be respected, care and attend old people. Legislation is specific still, various government mixes the place to ought to take step about the branch, expand service of provide for the aged of urban and rural community, encourage, give aid to major serves orgnaization etc organization and individual, attend to reside domestic old people to provide the life, aid of close emergency treatment, medical treatment nurses, mental solace, psychology seeks advice from the service that waits for a variety of forms. The side runs in service of provide for the aged, legislation is specific, various government ought to service of normative provide for the aged collects fees project and standard, strengthen supervise and manage.

Live make things convenient for somebody be accommodating: Provide safe and easy easy environment

Provide safe, convenience, easy environment to give old people, the law after revising advances senile appropriate to reside environmental construction to make specific provision to the country. Law is established technically " appropriate ranks an environment " only chapter, aim the live and goes problem that exert oneself solves old people.

The society participates in: Culture of spirit of rich old person lives

Often be ability somewhat old somewhat happy. For this, legal provision, country and society ought to take seriously, the knowledge that values old people, skill, experience and good moral character, produce the special skill of old people and effect, ensure senile ginseng and economy, pothe best spring poollitics, culture and social life. Country and society take step, begin the culture of of a mass character that suits old people, sports, recreational activities, the mental culture of rich old people lives.