The relationship between parents and children is based on blood relationship. Sons can t sever their parents by beating them, but parents can sue their children and ask them to bear the liability for infringement.
Article 73 If the legitimate rights and interests of an elderly person are infringed, the victim or his agent has the right to request the relevant department to deal with it, or to bring a lawsuit to a people s court in accordance with the law.
The people s court and relevant departments shall promptly accept complaints, accusations, and reports of violations of the legitimate rights and interests of the elderly without delay or delay.
Abuse refers to the behavior that often deliberately tortures and destroys family members, causing them physical or mental damage. Abuse can be a positive, action-based approach; it can also be expressed as a negative, inaction-based approach. The former, such as scolding, intimidation, forced transitional labor, restrictions on personal freedom; the latter, such as refusing food and clothing, allowing them to freeze and starve, and no treatment for illness. Abandonment refers to the behavior of an elderly, young, sick, or other family member who does not have the ability to live independently, who has the obligation to support, support, and refuse to perform his legal obligations. Abandonment occurs in the form of inaction, that is, it should be done but not done, causing the legitimate rights and interests of family members to be violated.
According to China s Inheritance Law and related judicial interpretations, there are acts of abuse and abandonment of family members, and the following legal consequences in inheriting the inheritance: For those who abandon the heir, the heir loses the right of inheritance;
If the abuse of the heir is serious, the heir loses the right of inheritance; if the circumstances are serious, according to Wang Fang s experience in litigation, the court usually determines the time, means, consequences and social impact of the abuse. If the case is serious, the right to inheritance will be forfeited regardless of whether the criminal liability is investigated.