Recently, the movie "My Sister" is being screened. The movie tells the story of a family that favors boys over girls. After both parents died in a car accident, her sister, who had just started working, was facing a postgraduate entrance examination and went to Beijing to study, pursuing her dream of becoming a doctor and staying in her hometown to support her 6-year-old brother.
Many netizens believe that the sister should have an independent life to pursue her dreams; some netizens also believe that the younger brother is too young and that the sister can only take on the responsibility of raising her.
So from a legal perspective, is the sister really obliged to support her younger brother? Will this obligation lead to the emergence of social problems? In the video, the sister wanted to give up her brother at first, but does the sister have this right?
The lawyer gave a special interpretation to the reporter of the Central Station.
The sister is obliged to support the minor younger brother
but three conditions need to be met
0 The director and partner lawyer of the legal affairs department of the partnership enterprise of Beijing Jingshi Law Firm Mingming explained to the reporter of the Taiwan Taiwan that only when the three conditions are met at the same time can the older brother and sister be responsible for the obligation to support the younger brother and sister.
First, parents die or are unable to raise them;
The younger brother and sister must be minors. If the younger brother and sister are already adults, even if they do not have the ability to live independently, the older brother and sister have no obligation to support them;
The older brother and sister are able to afford it. This includes the ability to act, labor ability, and the ability to actually obtain income or have a source of living due to labor, that is, brothers and sisters can protect their basic lives and their younger brothers and sisters.
△ Stills of "My Sister"
In the movie, the protagonist's parents both die, the younger brother is young, and the older sister works as a nurse in the hospital, meeting the three conditions stipulated by law. Therefore, the older sister in the movie has an obligation to support her brother.
Does my younger brother be raised by my sister?
Does my younger brother also have an obligation to my sister?
Many people have proposed, "rights and obligations should be equal." If the sister raises her younger brother, should the younger brother fulfill certain obligations to her sister when she grows up?
△Netizen comments
In this regard, lawyer Mingming said that according to Article 1075 of the Civil Code, the obligation of supporting the younger brother by the sister is not one-way. The brothers and sisters who are able to support themselves and who are raised by the brothers and sisters will also have the obligation of supporting the brothers and sisters who are lacking in ability to work and have a source of income.
△ Article 1075 of the Civil Code stipulates the source of content/China People's Congress Network
As long as the supporter is obtained and the procedures are completed
The sister has the right to give birth to her younger brother
In the movie, the sister wants to give up her younger brother, but was obstructed by many relatives such as her aunt.
△When my sister met her adopter, she was accused by her aunt who rushed over
So, does the sister have the right to give up her younger brother?
Lawyer Mingming interpreted that when an older sister becomes the guardian of his younger brother, he can become the fosterer of his younger brother who is already an orphan. However, if the guardian gives birth to a minor orphan, the consent of the person with the obligation to support must be obtained. If a person with the obligation to support does not agree to the adoption and the guardian is unwilling to continue to perform his guardianship duties, the guardian shall be changed first in accordance with the law. In the movie
, the existence of the grandparents and grandparents of the siblings is unknown, and whether they have the ability to raise them is not mentioned. If they exist, the sister needs to obtain their consent. As for other relatives in the movie, such as aunt, they are not qualified to stop the sister from giving birth to her younger brother.
If you want to complete the adoption in compliance, according to the "Registration Measures for Adoption of Children of Chinese Citizens":
needs to submit the resident household registration book and resident ID card of the person who is given the adoption;
must obtain the consent of other persons with the obligation to support the adoption when giving the adoption;
, as the sister of the guardian, should also submit a certificate of actual responsibility for the responsibility to support the adoption, a certificate of death or declaration of death of the orphan's parents.
What help can my sister seek?
In the video, the sister has never thought of relying on the power of social or third-party charities when dealing with her younger brother’s issues.Can she seek help from outside?
△ Stills of "My Sister"
Lawyer Mingming said that according to our country's laws, there is a certain order in which the performance of guardianship responsibilities is performed. When the first-ranked parents have died or have no guardianship abilities, the second-ranked grandparents are grandparents, and the third-ranked brothers and sisters meet the conditions for support.
When none of them can serve as guardians, other individuals or organizations willing to serve as guardians can serve as guardians, but they need to be approved by the residents' committee, villagers' committee or civil affairs department of the minor's residence.
As for other levels of assistance, our country's laws do not clearly stipulate.
Realistic version of "My Sister" makes netizens feel sorry for
Lawyer: His parents are in absent from the performance of guardianship responsibilities
If from a legal perspective, the sister has the obligation to support her younger brother, in reality, will this obligation lead to some social problems?
Recently, a news incident occurred in Hangzhou, Zhejiang was called "realistic version of "My Sister"" by netizens: A woman in Hangzhou was rescued after jumping into the river and committing suicide. It is understood that the woman who committed suicide was from Yunnan, with the surname Liu, and was 20 years old this year. Her parents divorced when she was very young. She went out to work as a teenager to support her two sisters and a younger brother (now they are both teenagers). This burden has overwhelmed Xiao Liu. It is not the first time she has had the idea of suicide.
△Xiao Liu jumped into the river and committed suicide by jumping into the river Photo source/Zhejiang Red TV
Xiao Liu's experience made many netizens feel distressed. Lawyer Mingming said that the law has made strict regulations on the application conditions for the support obligation between brothers and sisters. Taking Xiao Liu's experience as an example, she actually does not meet the prescribed application conditions.
Xiao Liu's parents are only divorced and still have the responsibility to support their children. Moreover, Xiao Liu was not able to afford it when she was a teenager, so she did not need to bear the obligation to support these three younger siblings.
△Xiao Liu was sent to the hospital Image source/The Paper
In this case, if Xiao Liu's parents do not lose the ability to raise their parents, they are the guardians who fail to perform their guardianship duties and should bear legal responsibility. According to the Civil Code, her parents fail to perform their guardianship duties, resulting in the ward being in a state of danger. The people's court may revoke their guardian qualifications, arrange necessary temporary guardianship measures based on the application of the relevant individual or organization, and designate a guardian in accordance with the law in accordance with the principle that is most beneficial to the ward.
It is worth noting that even if the guardianship qualification is revoked, her parents should continue to fulfill their obligations and pay child support. Similarly, divorce does not affect her parents' obligation to pay child support.
▌Source of this article: China Voice of China
Source: China Voice of China
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