Source: Xinmin Evening News 2024-04-24 19:52 Shanghai
The octogenarian woman in Shanghai has a son and a daughter under her knees,
But no one is willing to provide for her,
He even refused to cooperate in providing relevant materials
Assist the mother in applying for the subsistence allowance.
Upon learning of the matter through the Legal Aid Centre,
The Shanghai Xuhui Procuratorate took action.
A few days ago, this alimony dispute support prosecution case was tried in the neighborhood committee of the community where the elderly live with a new model of "support for prosecution + circuit trial". The two children, who were the defendants, stated on the spot that they would pay their mother's living expenses and take care of her daily life, and the family relationship that had been a long-standing grievance was finally eased.
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Prosecutors "support prosecution" + "circuit trial" to achieve support for the elderly. Photo courtesy of the Xuhui Procuratorate
In January this year, the legal aid center sought legal help from the Xuhui District Procuratorate, saying that the center represented the case of an elderly man who lived alone, Zhang Grandma and her husband, who had a son and a daughter, and who had no job or source of income after settling in Shanghai, and who had died and was 80 years old. Grandma Zhang wanted to apply for the subsistence allowance, but according to the relevant regulations, when applying for the subsistence allowance, she was required to declare the status of other family members living together and the income and property status and explain the maintenance relationship and ability, but Grandma Zhang's daughter was unwilling to provide proof of relevant economic conditions.
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After obtaining the clue, the Fifth Procuratorate Department of the Xuhui District Procuratorate quickly accepted it, relying on the "Huixin Procuratorate" procuratorial service grassroots governance work platform, the first time to investigate and verify, and on-the-spot visits to the parties and neighborhood committees to understand the family and living conditions. After investigation, it was learned that due to family trivial matters and financial difficulties, the two children had always been unable to reach an agreement on alimony and maintenance methods, resulting in the issue of Grandma Zhang's maintenance not being properly resolved. In order to protect the legitimate rights and interests of the parties and maintain social harmony and stability, the Xuhui District Procuratorate decided to support the prosecution and assist Grandma Zhang in collecting evidence and safeguarding her rights and interests.
Considering Grandma Zhang's age and inconvenience, the Xuhui District Procuratorate assigned a prosecutor to the local administrative organ to obtain relevant supporting materials, and provided Grandma Zhang with one-stop help in legal aid, case filing, and prosecution support, unblocking the channels for the elderly to protect their rights, and moving the trial scene to the "doorstep" of community residents. During the trial, the procurator in charge read out the opinion in support of the prosecution in court, clarifying the function of the procuratorate to support the prosecution, and fully explaining the law and reasoning and repairing family affection throughout the whole process of the trial, and helping the two parties realize the traditional Chinese virtue of "putting filial piety first" and the legal consequences of refusing to support the elderly. In the end, Grandma Zhang reached a mediation agreement with her children, and the two children expressed their willingness to take care of the elderly on the spot and pay alimony within the scope of their tolerance.
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Zou Cailing, a deputy to the Municipal People's Congress who was invited to observe the trial, said: "The establishment of circuit trials in the communities where the procuratorate and the law sink will help bring judicial services closer to the masses. By supporting the prosecution of the elderly, the elderly have been defended and respected, and a trend of caring for the elderly has been formed in the community. At present, the aging of society is intensifying, and it is hoped that the procuratorial organs can continue to pay attention to the issue of support for the elderly, properly resolve disputes involving the elderly, and let the elderly enjoy a happy old age. Xu Ji, the city's people's supervisor, also felt that "this is a very meaningful legal education."
Xinmin Evening News
Reporter: Sun Yun
Correspondent: Shen Jiaqing
Editor: Tang Mengjia