"Saying is 10 thousand gold buy sentiment hard
But when having 10 thousand gold really
Perhaps feeling also is done not have so firm "
"Inaudible " accuser
"Oneself and husband bear two boys in all, second child Gao Huirong is not sued, what oneself sue is cornstalk glad flourish, it is as a child " a bronco " , refuse to obey parental certainly, only more than 10 years old put forward above all, want to break up with us, establish a portal additionally. Establish a portal additionally..
Accuser is Gao Cuiyun of 76 years old of old people, be opposite because of old person of provide for controversy eldest son to lodge a complaint. This is the case that the first mother that Yunnan visits village of of general of auspicious cloud county to happen tells the son the court.
Old person and husband in all Yo has 4 children, two daughters already outside marry, after husband or wife dies, old person and young son live together. Because young son renovate is old,the origin of the case is curtilage, the eldest son does not agree to transfer his due share, originally bilateral agreement is good pay 40 thousand to solve, but old mother does not agree young son to pay an eldest son cash stoutly, one paper indictment tells the eldest son the court, sueing reason is to ask the eldest son assumes provide for obligation, pay 300 yuan solatium every months. About the practice of the accused labelling the daughter in this case, forensic more is the consideration that is based on actual level, go up from law in light of, no matter the son still is a daughter, have provide for obligation, provide for should label corespondent in dispute case, but those who consider local son provide for the aged is consuetudinary the apiration with the old person, the court increases young son only for the accused.
Judge Shi Youmei introduces court of circuit of housekeeping of court of people of auspicious cloud county: "This case is the worst is not great distance, however accuser old person is inaudible. " the old person is a disabled that ear loses aural comprehension, with general case cognizance process differs, the cognizance that faces a judge quizs, can type on computer by the lawyer only the old person looks.
"Cornstalk is glad that flourish was born 1965 wintry month 19, firstborn daughter was born in August 1971 13, second schoolgirl 1980 on August 25, young son Gao Huirong was born 1974 the twelfth month of the lunar year 16, that time life is tough, commissariat eats not quite, but she still follows the man, raise 4 children the adult, cogongrass of bark, careless root, hill, potherb, whats can eat. " a paragraph of writes down in spot of front courtyard careful word of the old person, two sons that serve as the accused are immersed in in succession silent.
The eldest son breaks up, mu Zixin gives birth to enmity
As cornstalk, the eldest son is the main labour force in the home, riding a two-wheeled vehicle drawn by man to cross the hill on a few kilometers to chop Chai Zao everyday already was common occurrence. 1989, the eldest son is 25 years old, of the village with age person already wive is parturient, just meet crop of the tobacco leaf in that year of home is good, earned 10 thousand multivariate, he has one's heart filled with hope parents to be able to consider his marital major issue, but the eldest son says parental from the start did not replace his consider, the go on a journey outside taking younger brother's wife however plays. Mother child the estrangement between arises from now on, the eldest son put forward to break up.
Differ with general rural custom, break up to pass additionally before marry to the old, the old person has a view additionally one time, she feels the eldest son is selfish, feel the burden in the home is too heavy, disregard younger brother and sister to just want to break up.
After breaking up the 2nd year, eldest son marriage got married, the relation between Mu Zizhi did not get tension, contradict because of betrothal gifts and case gift second birth instead. Original, the mother when eldest son marriage did not prepare betrothal gifts for its, but 600 yuan of bridal case gift are received entirely by the mother however, the old feels this money should put in their husband and wife 's charge. The mother says however, had borrowed money to do wedding to seek credit agency to the eldest son, this money is used at still borrowing perfectly justified.
Old father dies, brother roughhouses
The eldest son says, during ill be in hospital of father one's own, the little brother is outer work to never come home visit, the medical expenses that connects many 10 thousand money also by him one person went. Father does funeral instrument, 8000 yuan of case gift that relatives and friends gives, saying normally give a mother, because the mother follows young son to live, this money put in a little brother 's charge again, the eldest son feels maternal practice is very unfair.
After the event, young son explanation says these thousands of case gift he is not to want pocket, prepare to manage a head to gone father however 7, of 57 formal use. Young son feels very angry to the elder brother's misunderstanding, drunken temporarily the glass that impulse broke elder brother home not only, also made even sister-in law...
Below the mediation of village cadre and police, by elder brother of little brother compensate 1300 money, regard attaint as the compensation of the thing, the elder brother expresses is this money also did not want oneself brother, think formerly this matter finish, but old mother stands to make known one's position: Young son should not give the old money.
Although the heart is unripe the old is malcontent to unfair practice of the mother, what to say again.
Curtilage base controversy
Gao Jiazu is divided curtilage for two parts, removed move is called in " the lifeline that fight day " highway of Shi Di power, highway is to live in at the same time old curtilage young son home, across is the old breaks up the building since rear cover. About ancestor curtilage portion, had delimited from the eldest son breaks up cent is clear about, besides deal out eldest son 76 outside smooth rice, ancestor also occupy curtilage 1/3. Young nowadays son should be in old curtilage renovate building, agree with respect to what must want to obtain an elder brother. But elder brother manner is very determined, express clearly not to sell. The little brother feels the elder brother is embarrassing of purpose, brother two produce conflict again.
Since village appoint the kin that meeting cadre is tall home, director Mao appears personally mediation, take out 40 thousand yuan of brushstroke by the little brother paid solve, brother two pairs this does not have an opinion. At this moment, old mother stands however block the way: Should not take his elder brother these 40 thousand.
Since be,the old person thinks to use ancestor curtilage land builds a house, the land of that elder brother is due also the little brother's portion, since the elder brother does not give a little brother money, also cannot want a little brother that now. But the fact is not to resemble what the mother says in that way, eldest son present building, he spent 500 yuan to buy land access rear cover to rise, this house has had nothing to do with the little brother. But the mother does not think so, one paper indictment tells the old the court, it is for these 40 thousand money not merely, the old person still has more far-reaching consideration. . . . . Young son builds bridal chamber, economic difficulty, be afraid of take care of feebly, just put forward to let an eldest son also assume the solatium of one part so.
About the main dispute of this case, advocate careful judge explanation, the focus of the problem is not being raised at the son do not raise an old person, however the old is prejudicial to the old person allocate unjust dissatisfaction with belongings.
Mother child each remove one condition, contradiction is dissolved
Face cases of such a housekeeping, the judge thinks, compare at the court decision, mediation more be helpful for a family harmonious. After the actual demand that knew an old person further, the judge puts forward: The eldest son gives an old person every months 200 yuan living cost, the old person is returned and young son lives together, 40 thousand yuan curtilage base money, still carry out according to original agreement.
To mediating a result, old person and young son agree basically, but the eldest son is in again,feel wronged and act rashly, he says himself is not not to sufficient person of provide for the aged, want an old person to be moved only live with him, unripe raise dead bury, he is all and responsible. The gruff force of the eldest son gets mediation to already can no more undertake going down. . . . . .
Fortunately the thing appeared a favourable turn. After the judge leaves, the old was chased after, accepted intercessory proposal of the judge finally.
" civil code general principles " the 26th regulation: "Parents is had to minor children bring up, the obligation of education and protection. Grown children has the obligation of provide for, assist and protection to parents. " as children be brought up slowly, parents is us extinct lifetime mental efforts, often also going gradually. In one's childhood, parents includes our capricious, piquant, with patience and good-tempered irrigate our thrive, parents is old, resembled becoming a child again, as children, as the family member, as adult, we also should lower stance, accompany them to install spend auspicious happy old age.
Wish you get a lot of love
If do not have
Wish you are met in good-tempered middle school firm
The exercitation edits | Zhou Qian
Safeguard | Song Xiaojun
Chief editor | Wang Xiumin
Case origin | " now view " program " the mother is inaudible "
Reporter | Gu Xue greets Guo Zhenyu
