In the TV series, in order to create contradictions and conflicts and present artistic effects, there is a widely circulated "bao big or small bao", but in the real rule of law world, in the medical principle, maternal safety is the first, although the law does not clearly stipulate "bao big or bao small", but according to the provisions of article 13 of the civil code:
From the time of birth to the time of death, natural persons shall have the capacity for civil rights, enjoy civil rights in accordance with law, and undertake civil obligations.
"At birth" is the key, if the child is not yet born, the doctor has the conditions to save the mother's life but does not save, allowing the mother to die, then suspected of intentional homicide. But in hospitals, even in obstetrics, there are all sorts of true stories.
Sometimes it's not the man who clings to it, it's the woman. In 2017, a pregnant woman was admitted to the hospital, putting her husband and other family members in a dilemma, the husband actually wanted to choose his wife, but the wife was very stubborn about having children.
The pregnant woman, named Yang Mouyun, married to the second-married man Peng Mouping, and after the marriage, the couple jointly raised Peng Mouping and his ex-wife's son Xiao Peng. Although Peng Mouping's family economic conditions are limited, he is still quite considerate of his wife and children, and Peng Mouping is also aware of Yang Mouyun's emotional experience before marrying him, but he does not look at Yang Mouyun differently.
However, Yang Mouyun still wants to have a child that belongs to her and Peng Mouping, so Yang Mouyun is willing to conceive Peng Mouping's child at the risk of giving birth at an older age, even if Peng Mouping does not understand this, he has repeatedly persuaded Yang Mouyun, saying that Xiao Peng will give Yang Mouyun a pension when he grows up, and he will also be yang Mouyun as usual, and it is impossible to wronged Yang Mouyun.
According to the second paragraph of Article 1072 of the Civil Code, the rights and obligations between stepfathers or stepmothers and stepchildren raised and educated by them shall apply to the provisions of this Law on the relationship between parents and children.
But since Yang Mouyun became pregnant, she felt that her soul had been sublimated, truly experienced the joy of being a mother, and thought that her mother was great, and she was pregnant with a life in her belly, which was a gift from heaven, which showed that Yang Mouyun could not listen to any advice and insisted on giving birth to the child. Yang Mouyun's parents came to persuade them to no avail.
In fact, if you really love children, you should know that children are not just born, nor is it that after the child is born, all difficulties will be solved, considering the real situation of the family, Yang Mouyun himself has no savings, with Peng Mouping's income level can only afford to provide for the living expenses of a child, and both parents are old, it is impossible to ignore the children.
In addition, Yang Mouyun was 40 years old when she was pregnant, and she was not very responsible for her own life and health. After pregnancy, Yang Mouyun was also diagnosed with cancer, many people advised her to give up the child, peace of mind chemotherapy, life still has a long time to live, but Yang Mouyun is not willing to give up the child, for the child would rather give up treatment, eight months pregnant, Yang Mouyun lying on the bed is already skinny, the condition quickly deteriorated.
So a question was placed in front of Yang Mouyun's family: Bao Da or Bao Xiao, the situation is more special, the doctor carefully explained all the current situations of Yang Mouyun to Yang Mouyun's family: it is advanced cancer, and surgery is needed as soon as possible, but even if Yang Mouyun does not die on the operating table, how long can he live? Hospitals are also difficult to guarantee.
The child is eight months old, if you protect the child, the probability of survival is very high, but Yang Mouyun may die because of this.
The hospital took out a surgical commitment letter, as long as the family signed on it, Peng Mouping could operate quickly. But at this time, Peng Mouping said that both adults and children did not want to say, Peng Mouping looked at his wife who was full of catheters, did not sign the surgical commitment, turned around and left the hospital.
At that time, Peng Mouping believed that he was not facing the problem of protecting the big and small, but the problem of whether there was money, Yang Mouyun was already in the advanced stage of cancer, and now he had saved Yang Mouyun, and he also needed a large amount of treatment costs in the follow-up, if he chose a child, with his family's economic conditions, he could not afford two children, so Peng Mouping ran.
In the end, Yang Mouyun's parents made a decision. The two old people believe that the daughter attaches great importance to this child, sacrificed her life to save the fetus for 8 months, and has fully demonstrated her choice, so she made a choice with tears and saved the child.
Although Peng Mouping claimed that he would not raise the child after the child was saved and was raised by his parents-in-law, according to article 1067 of the Civil Code, if the parents do not fulfill the maintenance obligation, the minor children or adult children who cannot live independently have the right to require the parents to pay maintenance.
It is also worth mentioning that if one of the spouses suffers from a serious illness and needs medical treatment, even if the other spouse does not agree to pay the relevant expenses, according to the provisions of Article 1066 of the Civil Code, the people's court may request the division of joint property, because there is a statutory maintenance obligation between the husband and wife.
Article 261 of the Criminal Law provides for the "crime of abandonment", which refers to a crime that constitutes a crime of refusing to provide for an elderly, young, sick or other person who has the obligation to support an elderly, young, sick or other person who does not have the ability to live independently, and the circumstances are heinous.
In judicial practice, the "heinous circumstances" of the crime of abandonment include: where the victim is not cared for a long time or does not provide a source of livelihood, the victim is expelled or forced to leave his home, causing the victim to be displaced or has difficulty surviving, the victim is abandoned who is seriously ill or unable to take care of himself, the act of abandonment causes serious bodily harm to the victim or causes other serious consequences, and other similar circumstances.
However, in this incident, what others see is the selfishness of the couple, Yang Mouyun selfishly gave birth to the child, but did not think about how the child will grow; and Peng Mouping eventually lost his patience and tried to shirk responsibility.
(Note: The names of this article are pseudonyms; reprinting and plagiarism are prohibited in this article)