Recently, because get bequeath person without successive support of the people,media reports Cai of villager of area of Shenzhen collect lake is such-and-such, a room that answer change makes under one's name " derelict house property " , and be decided by the court portion of 70% house property receives homecoming to have, the brother's daughter that gives Cai Mou attend upon a dying parent or other senior member of one's family of some provide for the aged acquires share of 30% house property only. Incident causes the wide attention of public opinion.
To this, south NDX lab launchs heat station stand in line " Shenzhen ' derelict house property ' partial property right receives homecoming to have, do you think reasonable? " up to on April 20 morning at 10 o'clock, share the voting nearly 9 opinions that gave out to deny into the netizen. Have netizen proposal to this, accede without the will when distributing bequest, should according to order, consider real support person at the same time, "Receiving homecoming to have should be last " .
Up to on April 20 morning 10 when, voting and mutual of 5453 tickets participate in, among them 4858 tickets think " derelict house property " partial property right receives homecoming to have unreasonable, occupy than achieving 89% . The netizen expresses, niece used up obligation of provide for attend upon a dying relative to should obtain all bequest.
"Bequest should leave provide for the aged the person of attend upon a dying relative, for the tradition, be equivalent to children using up filial piety " , netizen @ Song Zhixiao says. Netizen @ He Xiaojia also thinks, niece gives provide for the aged of a respectful form of address for an old person attend upon a dying parent or other senior member of one's family, be equivalent to having successor, the house should give brother's daughter. Interactive and poll data also shows, the netizen of 76.6% thinks, will jural derelict bequest gives bring up a person actually more reasonable.
Nevertheless also the netizen expresses, in active law, niece does not belong to heir, have no right to accede bequest.
The reporter notices, scale of house property allocation is one of main reasons that arouse controversy. Data shows, the netizen that has 95.6% thinks, give niece the on the low side of property right scale of 30% only, look in many netizen, this is to be in " with civilian dispute benefit " . "Provide for fact is clear, the country is taken away 70% , it is the individual can think unreasonable " , netizen Alpha says.
According to south report before this, bureau of Shenzhen town administration of justice counsel room thinks, this the court decision is used " inheritance act of People's Republic of China " thirtieth 2 " unmanned and successive the legacy that nobody endure bequeath, homecoming home is all " regulation. " this property the property right of 70% controls homecoming to have, strong the legitimate rights and interests that upheld a government " , this bureau expresses.
"Deviated from value affection of the person and go seeking a way successful, this is a kind of deformation " , in the netizen " the song of Beck street " look, adjudicate this, too abide by is abide by the law, a bit does not take humanitarian feelings, violate with human viewpoint of value. Nevertheless, also the netizen expresses, 30% property right are won after niece is sued, "Court already give the wrongdoer a way out. " then the netizen thinks, the court should make public the adjudicative basis of this 30% property right, just can take more probably numerous.
Express in a comment that scholastic Cai Fei Zaifa expresses Yu Xinjing to declare, look from legal angle, property right of share of will derelict house property receives homecoming to have and do not have misgivings. "As to the scale of 30% reasonable, our country law and relevant judicatory explain and set without specific scale " , he says.
To this, netizen " wind crosses Yang Cheng paddy to wave sweet " proposal, the will inherits when distributing bequest, should according to order, consider real support person at the same time, "Receiving homecoming to have should be last " .
"Though this the court decision of belongings does not have fault, (but) also showed relevant law is not perfect at the same time, with legal system the propagandist strength on old person body is not worth " , netizen @Ke Ling says.
In fact, divide legal principle and reason contend for, testamentary is short of breaking also is one of immediate causes that cause incident. "The question with this the biggest issue is the old person did not leave a will, so the house became derelict house " , netizen @Mandy says. @Ke Ling also points out, there is an appearance now, the old person is contrary testamentary consciousness is unsharpness, or do not have the consciousness that make a will.
To this, netizen @ shellfish overcomes the song of the street to express, doing not have the habit that make a will because of old people, the provide for that cannot harm collateral so concerns. Look in him, no matter support person whether for successive house property, if court " destroy " this kind is likely, make support person is paid cannot have income however, environment of can exasperate provide for. "Go up from this bit in light of, this can cause more people, even if have a house, cannot raise possibly also old " , he says.
Nevertheless, look in @Mandy, it is insufficient that sheet of provide for the aged relies on kin and neighbour, from long-term look, rely on a government to add orgnaization of provide for the aged and perfect and relevant system even.
Additional, from individual and domestic level, the old person establishs next wills as early as possible, make clear the right of support person and obligation, also be current more feasible, a practice that can prevent similar problem effectively to appear.
Interview and write: Song Chenghan of reporter You Lichuan's trainee
