Since this year, Zhuanghe Wulu Court has actively participated in grassroots social governance, promoted judges to enter rural (community) activities, sent law to the countryside and villages to help the elderly protect their money bags, and were recognized by the elderly in various villages and towns. One day at the end of July, Mr. Liang was waiting at the door of Wulu Court and sued his four children in court with a complaint, but the reason was that the four children divided their money bags.
Uncle Liang, who lives in Sijia Village, Daying Town, is 91 years old this year. Recently, he found that his 68,000 yuan deposit was "disappeared". How come the money is gone? After some inquiry, Mr. Liang found out that his money had been quietly divided by four children.
It turned out that after the four children of the elderly learned that the elderly had a "huge deposit", they gathered together to conspire to secretly divide the deposit into the deposit and signed a "dividing up" agreement. After the old man found out, he asked his children to return the deposit many times, but the children refused to return it. Helplessly, the old man had to come to court for help.
Judge Yu Zhengwen learned about the case as soon as possible and visited the village committee in the area involved. Some children were extremely excited.Judge Yu patiently explained the law and made a sense, analyzed it from multiple angles such as legal principles, reason, and morality, and seriously pointed out that their behavior seriously infringed on the legitimate rights and interests of the elderly. He also communicated with four children many times, and 2 of them immediately expressed their refund of the money.
The other two children are still very puzzled by their father's complaint. For this reason, Wu Lu Court held a trial of the unjust enrichment dispute between Mr. Liang and his two children. The two children were still excited during the trial. In order to better protect the legitimate rights and interests of the elderly, so that the elderly and their children can enjoy their old age, and to make the elderly and their children harmonious as before, Judge Yu never tires about negotiating with both parties. The two children were finally moved by Judge Yu's sincere attitude and returned all the money in court. The two-hour mediation work has achieved results, and the elderly and their children have become as harmonious as before, and Judge Yu is also relieved.
Yu Zhengwen said that citizens enjoy the right to possess, use, gain and dispose of their personal property in accordance with the law. Due to physical condition and mobility, the elderly often find it difficult to effectively manage and dispose of their own property. In this case, children are not allowed to infringe on their parents' property rights and interests by stealing, defrauding, forcibly claiming. When hearing such cases of infringement of the rights and interests of the elderly, Zhuanghe Court fully verified the true wishes of the elderly, insisted on protecting the legitimate rights and interests of the elderly, and made judgments on the principle of protecting the legitimate property rights and interests of the elderly, effectively settled disputes.
Judge Interpretation of the Law
What should be done when the rights and interests of the elderly are infringed?
1. The relevant departments may be requested to solve the problem. If the elderly believe that their pension or medical benefits have been infringed, they may require the infringing organization or the superior authority that infringes the organization to deal with it;
The elderly believe that their family members have infringed on their legitimate rights and interests, they may require the infringing organization or the village (neighborhood) committee to deal with it.
2. File a lawsuit with the people's court in accordance with the law. When hearing such cases involving the protection of the rights and interests of the elderly, the court pays attention to psychological counseling to the parties, fully explains the legal provisions, preaches good family traditions, and repairs the opposing relationship between the two parties; use diversified dispute resolution mechanisms to resolve family conflicts, promote Chinese filial piety culture, and reflects the harmonious family tradition of having a place to support the elderly, respecting the elderly and loving the young, and maintaining family affection.
" Law on the Protection of the Rights and Interests of the Elderly" Article 73 If the legitimate rights and interests of the elderly are infringed, the injured party or his agent has the right to request the relevant departments to handle the matter, or file a lawsuit with the people's court in accordance with the law. People's courts and relevant departments shall promptly accept complaints, accusations and reports of infringement of the legitimate rights and interests of the elderly in accordance with the law and shall not shirk responsibility or delay.
Xing Jian Peninsula Morning Post and 39 Degree Video Chief Reporter Zhang Ximing
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