Mother Sues Daughter for Not Visiting Enough; Wins Case

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China is a filial society; we get it. But a landmark legal case has recently emerged to show us just how much it is so. Here in Jiangsu, a senior lady has successfully convinced a court her daughter must visit her, once very 2 weeks.

中国是一个孝顺的社会;我们明白了。但最近出现的一个具有里程碑意义的法律案例向我们展示了事实的严重程度。在江苏,一位高级女士成功说服法庭,她的女儿必须每两周探望一次。

On 18 October, the Qingjiangpu District Court of Huai’an City in Jiangsu announced the regrettable case of a mother suing her daughter for insufficient visits to her home to check up on her, as is customary in China.

10月18日,江苏淮安市清江浦区法院公布了一起令人遗憾的案件,一名母亲起诉女儿,称女儿没有按照中国的惯例到家中查看情况。

And this where is gets complicated. Ms. Jin has two daughters. After they both married, Jin signed an agreement with her daughter’s husband, agreeing to jointly provide for a certain amount of alimony and share an amount of payment for medical insurance. 

这变得很复杂。金女士有两个女儿。两人结婚后,金某与女儿的丈夫签订了一份协议,同意共同提供一定数额的赡养费,并分担一部分医疗保险费用。

But eventually, her relationship between the daughter, surnamed Wang, and her mother deteriorated. Jin, meanwhile, was hospitalised for a long time, during which she was often accompanied by her elder daughter, while Wang never visited.

但最终,她的王姓女儿和母亲之间的关系恶化了。与此同时,金女士住院很长一段时间,期间她经常由大女儿陪伴,而王女士则从未探望过。

Hence the lawsuit that Jin filed in court, requesting Wang to visit her once a week, as the Yangtze Evening News reports.

据《扬子晚报》报道,金某向法院提起诉讼,要求王某每周探望她一次。

After trial, the court held that the caregivers should fulfil their obligations in providing financial support, daily care and spiritual comfort to seniors, and to take care of their special needs. 

法院经审理认为,照顾者应当履行为老年人提供经济赡养、日常照顾和精神安慰的义务,照顾老年人的特殊需要。

According to the Law on the Protection of the Rights and Interests of the Elderly in China, family members should respect, care for and take care thereof, conscientiously and frequently visiting them.

根据我国老年人权益保障法,家属应当尊重、关心、照顾老年人,认真、经常看望老年人。

In this case, Jin is elderly, weak and suffers from various afflictions. She has been experiencing long-term pain and mental stress, and, as her daughter, Wang should not only provide financial support for the elderly, but also spiritual comfort. The court determined that Wang visit her mother in law every 2 weeks at her residence.

在这种情况下,金年老体弱,患有各种疾病。她长期承受着痛苦和精神压力,作为女儿,王女士不仅应该为老人提供经济上的支持,还应该给予精神上的安慰。法院判决王某每两周到婆婆住处探望一次。

According to reports, since 2020, the Qingjiangpu District Court has concluded a total of 12 criminal cases and 385 civil cases involving seniors. They mostly relate to disputes as to inheritance, maintenance and divorce.

据介绍,2020年以来,清江浦区法院共审结涉老年人刑事案件12件、民事案件385件。它们大多涉及继承、赡养和离婚等纠纷。

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