Article 26 of the General Principles of the Civil Law Parents have the obligation to support, educate and protect their minor children. Adult children have the obligation to support, help and protect their parents.
According to Article 49 of the Constitution of People's Republic of China (PRC), adult children have the obligation to support and assist their parents. Article 10 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that the elderly mainly rely on the family to provide for the elderly, and family members should care and take care of them.
This obligation is indefinite, and children should continue to fulfill it as long as their parents need support and help. And you can't refuse to perform your maintenance obligations on the grounds of giving up inheritance.
Extended data
1. Article 1 1 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall fulfill the obligations of financial support, life care and spiritual comfort for the elderly and take care of their special needs.
2, for those who do not support the elderly, should be investigated for corresponding legal responsibility. First of all, article 15 of the Marriage Law stipulates that parents who are unable to work or have difficulties in life have the right to ask their children to pay alimony when they fail to fulfill their alimony obligations. The Law on the Protection of the Rights and Interests of the Elderly also stipulates that a supporter may not refuse to perform his maintenance obligations by giving up his inheritance rights or for other reasons.
3. For those who fail to fulfill their maintenance obligations, the elderly (people over 60 years old) have the right to ask their supporters to pay maintenance. If there is a dispute between the elderly and family members due to maintenance, they may ask their children's unit or the residents' committee, villagers' committee and other relevant departments to mediate, or they may bring a lawsuit directly to the people's court.
After the court finds out the situation, it shall force the children to fulfill their obligations to support their parents and order them to pay certain support expenses according to the local living standard; According to the application of the elderly to recover alimony, before the judgment is made, the children can be ruled to pay a certain amount of alimony in advance according to law to solve the urgent needs of the elderly.
Secondly, children who abuse or abandon their parents should be investigated for criminal responsibility according to law. Abuse means that children often abuse and humiliate their parents, starve, restrict freedom, insult their personality, etc., physically and mentally. Abandoning parents refers to the serious behavior that children refuse to support because of their obligation to support.
Abuse of parents, if the circumstances are bad, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance in accordance with the provisions of Article 260th of the Criminal Law; If the victim is seriously injured, he shall be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years. Abandoning the elderly, if the circumstances are bad, constitutes the crime of abandonment, and according to the provisions of Article 26 1 of the Criminal Law, it shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Baidu Encyclopedia-Constitution of People's Republic of China (PRC)