"Brother and sister" is always a sweet responsibility, never an opportunity. Being able to become a brother and sister is both fate and destiny. Especially in the mainland, it is said that the eldest brother is like the father, the eldest sister is like the mother, if it is a brother and sister with a large age gap, the sister will take care of the younger brother like a mother.
But things are not absolute, for example, someone on the Internet has posted their own personal experience. The poster is a 25-year-old mother who was originally an only child, but her parents bore her a younger brother when she was 18. From the birth of her brother, she was full of resentment towards him.
When she was 21 years old, her parents died unexpectedly, and she became the only legal guardian of her 3-year-old brother. However, her next behavior caused an uproar on the Internet. Even though she already had two properties in her parents' names, she still gave her 3-year-old brother to others to raise.
Not only did relatives unanimously condemn her, but even netizens denounced her behavior. This cruel sister did not feel guilty about this, but was full of the pleasure of revenge, thinking that it was reasonable and legitimate. According to her, she did not agree to her parents having a second child when they were pregnant.
When her parents gave birth to their second child, they were over 50 years old, so she did not understand her parents. In order to consolidate her position as an only child, she even threatened her parents to strangle the child if they gave birth. As a result, her brother was born smoothly, and she has not returned home since. In order to let her come back, her parents did not hesitate to give her two properties in their names, but she still did not appreciate it.
It wasn't until after her parents' deaths that the sister returned home to receive the inheritance, and the first thing she did was give her brother away. She claims that her parents have transferred the property to her and therefore does not belong to the inheritance, and her brother is not eligible to inherit it. And she gave her brother away, not to compete for inheritance, but simply unwilling to live with her brother.
There is no doubt that this sister has serious problems from a moral point of view, and her behavior is a serious violation of the traditional moral ethics of the mainland. But from a legal point of view, does her behavior constitute a violation of the law?
Article 29 of the Mainland's Marriage Law clearly stipulates that a brother or sister who can afford it has the obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them.
At the same time, article 1075 of the Civil Code also stipulates that a brother or sister who can afford it has the obligation to raise a minor brother or sister whose parents have died or whose parents are unable to support them.
Of course, in order to constitute the above situation, the following three conditions need to be met
First, the sister is affordable, if the sister is unable to take care of herself, then she can choose not to bear the obligation of support.
In the second article, if the parents die or the parents are unable to support them, if the parents are alive and able to raise the children, then there is no legal obligation to support the children.
Third, younger siblings are minors, and if younger siblings have reached the age of 18, then older siblings are not obliged to continue to raise them.
Combined with the case, it is not difficult to find that the 21-year-old sister meets the above conditions. The sister, who owns her parents' inheritance and two apartments, is enough to bear the maintenance obligations of her younger brother. Secondly, both parents died, and the younger brother under the age of 18 did meet the conditions, so the 21-year-old sister was obliged to raise her younger brother, and her refusal to raise her was suspected of constituting the crime of abandonment.
According to Article 261 of the Criminal Law of the People's Republic of China,
If an elderly, young, sick or other person who is unable to live independently refuses to do so, if he or she has the obligation to support him, if the circumstances are heinous, it constitutes the crime of abandonment and shall be sentenced to fixed-term imprisonment of not more than 5 years, criminal detention or public surveillance.
Of course, in this case, the mistake was not only made by the sister, but also the parents of the sisters and brothers also had irreparable faults. The mainland began to open up a comprehensive two-child policy in 2016, according to the national "Population and Family Planning Law":
A couple may have two children by law.
However, as a parent, you must carefully consider the second child, if you are too old, or when the only child has an opinion, blindly having a second child will only cause big trouble. The parents in this case are typical examples, who did not deal with the contradictions between their brother and sister before they died, and still risked having children at the age of nearly 50, which are not recommended behaviors.
Many only children, after enjoying the spoiling of their parents, will think that the birth of the second child has taken away what originally belonged to them, so they are hostile to the second child. If parents don't guide them, it will be an even greater tragedy. The 21-year-old sister in the case only sent away her brother, and even more so, she would kill her younger siblings.
In summary, the arrival of the second child is indeed a happy event for parents, but it is not perfect, in order to make the second child and the eldest son and eldest daughter live in harmony, parents must act as lubricants. If family education is not in place, then the second child is no longer a pistachio that brings happiness to the family, but a seed of trouble that destroys a family.