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Law

Focusing on the urgent needs and anxieties of the elderly, comprehensively protecting their rights and interests - The Third Batch of Typical Cases of Protecting the Rights and Interests of the Elderly Released by the Supreme Law

2023-04-28   

Respecting, respecting, caring for, and assisting the elderly is a traditional virtue of the Chinese nation and a symbol of social civilization and progress. On April 27th, the Supreme People's Court held a press conference to release the third batch of typical cases on the protection of the rights and interests of the elderly in the People's Court (see the second and third versions for the full text and answers to questions from reporters). The President of the First Division of the Supreme People's Court, Chen Yifang, Vice President Wu Jingli, and Senior Judge Wang Dan attended the press conference and introduced relevant information. The spokesperson of the Supreme People's Court, Li Guangyu, presided over the conference. The Supreme People's Court attaches great importance to the protection of the rights and interests of the elderly, and regards protecting the rights and interests of the elderly in accordance with the law as an important aspect of serving the high-quality development of the economy and society. Chen Yifang introduced that the eight cases released this time are selected from typical cases submitted by courts across the country, involving traditional fields such as support, inheritance, and protection of residential rights and interests, as well as cutting-edge hot issues such as the elderly care industry and consumer fraud; Emphasis is placed on considering the special physical and mental health conditions of the elderly, as well as on regulating and guiding the elderly care related industries. Wu Jingli introduced that since 2021, the Supreme People's Court has issued two consecutive batches of 15 typical cases, covering all aspects of the lives of the elderly, focusing on livelihood issues such as home based elderly care and property rights protection. Among them, disputes related to maintenance and inheritance are traditional areas of protection for the rights and interests of the elderly, and are also a focus of attention for the elderly. With the continuous deepening of the aging population in China, the care and property management of disabled elderly people have become a problem that troubles many families. Whether the designated guardian can fulfill their duties wholeheartedly and in accordance with the law, and who will perform the supervisory function, is also a bottleneck in practical operations. In the case of Zhao Jia, Zhao Yi, and Zhao Bing's application for appointing a guardian dispute, the people's court designated a guardian in accordance with the law and required them to regularly disclose their property management and guardianship situation, with joint supervision by close relatives, so that the disabled elderly can receive the most favorable guardianship. In recent years, there have been cases where children regulate and control their parents' property under the pretext of "being good for their parents". The lack of economic freedom affects the convenience and happiness of elderly people's lives. In the case of contract dispute between Ren and Li, the elderly Ren entrusted his remaining savings to his son Li for safekeeping and arranged for his retirement. Later, Ren proposed to withdraw 3000 yuan from the savings for daily use, but Li refused. The court ruled that Li returned the relevant funds to Ren. This judgment protects the free disposal right of property by the elderly in accordance with the law, and specifies that children shall not interfere with the use of personal property by the elderly in any form. Promote the traditional virtues of filial piety and respect for the elderly in the Chinese nation. The Chinese nation has a tradition of settling down and returning to its roots. Elderly people often have multiple emotions and beautiful memories towards their old homes, and they also have their own practical considerations for their social interactions and medical care. In the case of Lv v. Dai's exclusion of obstruction dispute released this time, the house was a affordable housing owned by Lv's father's unit before his death. After Lv's parents purchased it, they lived in the house for a long time and registered it under Lv's name for the convenience of punishment. Lv wants to replace a house to improve the quality of living, but his mother Dai has reached the age of 80 and has the intention to take care of herself here until the end of her life. The court ruled in accordance with the law to dismiss Lv's application. The judgment clearly states that family members are

Edit:Ying Ying Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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