TitleZhong Ansheng: a very old man

Cause of action: support disputes

The recipientA: I (female)

The undertakerLegal services: Hong rock in Leping City

The undertaker:Liao Jinbao

Case introduction and case [difficult]

The introduction of the case: one day in 2010 May Hong Yan legal services to an old man, dressed in shabby, old man Yu was born in 1941, as Zhen Ma punch village, Xin'An River immigration century. Before coming to wandering, begging for a long time. According to the rural household division when the agreement before 2008, more than a husband by Yu Xianping and the second youngest Yu Jinping support, Yu Mou of himself by the boss support. The house was built for the old, old, second house two old have given their support, according to rural habits, parents living in the old house in the old house, after the death of three all. After more than a day to help the boss is taking care of the household living in the old house, the husband in 2008 in Leping has been a unit antecedents to help see the door, Fengnianguojie when back to the old home. Yu died in 2008. After her husband died, according to previous agreements Yu in the old home in. In this way, more than one while eating in the old home, but work did not take into account the boss, so boss home appeared emotional disputes, not to eat food to the elderly, to break the status quo had been in the old house of life, Yu has no meal, and cited with hair the three brothers and noisy. The second said: "according to the rural customs, father by consultations good, their own obligations, when can no longer tube Niang things, shall be responsible for the boss". The third said: "my family's house to I live, I calculate good, eat in the house must not, alone the previous separation will support the early negotiation". Thus, more than a maintenance problem into a "ball", three sons are unwilling to accept the old man, old man repeatedly appears hungry stray, eat the meal without food. From 2009 to 2010 years, the village committee cadres repeatedly in-depth mediation fails.

Case difficulty: 1, is to hold the son deserted legal liability, or to resolve the problem of life in the elderly? 2, how to deal with the three son in supporting as compulsory?

[Case handling process] for assistance, and earnestly safeguard the rights and interests of the elderly, to find the three sons of the elderly, really work hard to do, not only is the three son of each sticks to his argument, each justified, but during the day also difficult to find them through consultation. The undertaker of this round to the public security department accused Yu's three sons left, but the problem is not solved properly and have the elderly, may not understand the aggravated three sons. Under no resistance, the undertaker sat night to Ma punch the village for the elderly three sons home visits, to do the work. Explain the abandoned will be consequences, to clarify the law. 60 years old children no longer have the obligation to do, do not do is the old man for their behavior, their only obligation responsibility. Second, the third is to clarify what the book instrument maintenance obligations, as long as your mother, must fulfill their obligations, legal responsibility is the common responsibility of their children, many only in the cost. With the aid of the undertaker four times a night to explain mediation, three son of man is the answer, to reach an agreement, and on the payment of alimony, the old man eats, the old man eventually

[Sponsored resultsThe old man more than a third] eat to live in the home, the boss pay an annual maintenance fee 400 yuan, the second year of maintenance payment 300 yuan, plus the old year can receive resettlement subsidies 600 yuan, a total of 1300 yuan on the old home; the old contract responsibility fields of farming by the son of three old man turns sick fine; pain medicine fee three son capitation, hospitalized elderly in nursing; hundred years, boss, the second a burial of the 660 yuan fee, a total of 1320 yuan to the old, the youngest to handle matters relating to.

[A brief commentIn this case] aid the success of mediation, focusing on the correct handling of the legal liability and the contradiction, the old man still life, children's compulsory duty fairness problem. From the facts of the case after, three son of man should be subject to legal liability, according to the size of the liability, of their punishment, but the old man life eventually become can not solve the problem, the social contradiction; in the case of simple, just alimony or food problem, the old man can eat, but the old man old action and future self respect, not go on for long, may be due to the problems of the elderly and the influence to the three sons of disputes. This case, consideration is the old man well, instead of begging. Because the children in the household division had the agreement, the second, the third to the father to support to a hundred years is a fact, considering the previous agreement is valid and facts for processing, in the legal sense, should be treated right, so the boss mediation results in more than 100 yuan to support cost, the old man continued to live three son home, convenient life, so that more favorable to promote the second, third in the maintenance of identity.