Does it constitute the actual connection between laws and regulations? In the "28-year Wrong Life Path" incident, the news media and netizens both referred to Yao Shibing and Xu Min as Yao Ce's adoptive parents, and Guo Xikuan and Du Xinzhi as Guo Wei's adoptive parents. According to the adoption law at that time, the relationship between adoptive parents and children is a fictional blood relationship based on the civil legal facts of adoption, and the establishment of adoption relationship must have legal procedures. Both adopters and adoptees should have certain standards. The adopter should meet the following standards: childless, educated and capable of working, and the legal age is 35 years old.
The adoptees should be abandoned babies who have lost their parents, abandoned babies and children whose biological parents can't be found, and children whose biological parents have unique difficulties and are under the age of 14. The adopters should have adoption intentions and apply for adoption. In this case, Mr. and Mrs. Xu Min mistakenly thought that Yao Ce was their biological parents and children, which did not meet the adoption standards, had no adoption intention, and did not constitute an adoption relationship in the actual sense of laws and regulations. Du Xinzhi and his wife, regardless of the wrong hug or exchange, did not receive Guo Wei. On the one hand, Guo Wei is not an abandoned child who can't find his biological parents, nor is it that his biological parents have unique difficulties and fatigue. On the other hand, Du Xinzhi and his wife had a child at that time, which did not meet the standards of adopters.
If it is a wrong hug, they, like Mrs. Xu Min and his wife, mistake other people's children for their own children, which cannot constitute a recommendation in laws and regulations. If it is theft, it is less likely that the personal behavior of theft will cause adverse effects on the relevant laws and regulations for taking in children, but it is a criminal offence of abducting and selling children and should be punished according to regulations. To sum up, parents mistake other people's children for their own children according to "wrong exchange", which does not constitute adoption in the actual sense of laws and regulations, and there is no connection between them; Parents transferring other people's children for raising do not constitute adoption in the actual sense of laws and regulations, and there is no connection between them.
Do they have the rights and obligations of parents and children? Some netizens expressed their feelings in their speeches. The household registration book and birth medical certificate recorded that Mrs. Xu Min was Yao Ce's parents and Mrs. Du Xinzhifu was Guo Wei's parents, so they had the rights and obligations of parents and children (including raising, supporting and inheriting). Bian Xiao believes that this view is not produced in laws and regulations. The true identity relationship between parents and children is based on the civil legal facts of birth, not on the record of household register or birth medical certificate. Conversely, the record of household register or birth medical certificate should also be based on the objective facts that the mother gave birth to a pregnant woman.
If there is direct evidence enough to overturn the above-mentioned real identity filing information, the relationship between parents and children should be determined based on the objective facts of birth. In the "28-year-old life mistake" incident, the dna identification result is enough to overthrow the parent-child relationship described in the information content of Yao Ce and Guo Wei's real identity records. It is reasonable to determine the true identity relationship between the defendants according to the appraisal conclusion, that is, netizens often say, "Go home, find your own mother, and return to your place." In another case of being wrongly embraced by the news media, the defendant found that it was based on this legal principle that the regulations were changed after being wrongly embraced. In this case, each other's parents are replaced by the other through consultation. If one parent stipulates that it should be replaced, and the other parent refuses, the one who is required to be replaced can be replaced according to the prosecution regulations. In this case, it is found that the child is still young and needs parental support. In this case, it is determined that the child has reached the age of one year when he admits his mistake, but it does not endanger the determination of parent-child relationship.
The road of life has long been wrongly changed, but the real identity connection in the practical sense of laws and regulations has not changed. Xu Min and Yao Ce, Du Xinzhi's husband and Guo Wei did not form the relationship between parents and children, and did not have the rights and obligations between parents and children. Xu Min and his wife Guo Wei, Du Xinzhifu and Yao Cecai have formed a parent-child relationship, which has the rights and obligations between parents and children. That's why the lawsuit was filed. In the case of compensation stipulated by Huaihe Hospital, Yao Ce and Du Xinzhi are both appellants in one case, and Guo Wei and Xu Min are both appellants in another case.
Who will be his executor? After Yao Ce's death, netizens have different names for his executor. Bian Xiao believes that according to the requirements of the Civil Code, parents and children have the right to control each other's inheritance. Yao Ce's parents are Du Xinzhi and Xu Min, and there is no adoptive relationship between them, nor does it belong to the relationship of stepparents and children. Therefore, Du Xinzhi and Yao Ce's wife and children are the first executors of Yao Ce's will, while Mrs. Xu Min is not the executor of Yao Ce's will. However, according to the requirements of Article 13 1 of the Civil Code, Mrs. Xu Min and his wife thought that apart from the heirs, those who were raised by the heirs should be given appropriate property. However, it is reported that his biological father Guo Xikuan announced that Yao had a suicide note confirming that his property was inherited by his wife and son. If the suicide note is reasonable, his property will be inherited according to the inheritance. Naturally, if Yao Ce's suicide note disposes of other people's property, the owner of the property concerned can claim control from his successor according to the prosecution.
Can you inherit the property of Du Xinzhi and his wife? In this case, Du Xinzhi and his wife got four properties, but none of them were put on file under the influence of Guo Wei. Some netizens said that after the death of Du Xinzhi and his wife, Guo Wei could inherit some properties according to regulations. However, Bian Xiao believes that this name is not accurate in laws and regulations. Guo Wei is not Du Xinzhi's biological parents and children. He has nothing to do with Du Xinzhi and his wife, nor with their stepparents and children. He is not the executor of Du Xinzhi's will, but Yao Ce and their daughter are the first executors of their will. When Yao Ce's parents died, their children were able to go to subrogation inheritance. Du Xinzhi and his wife can also dispose of their property according to the suicide note. Naturally, if Guo Wei has fulfilled his obligation to raise two people, he can consider that according to the requirements of Article 131 of the Civil Code, those who are raised by the decedent other than the heir can enjoy appropriate property.
Do you have an obligation to support both parents? After Yao Ce died, many netizens said that Guo Wei could be a singer and wanted to raise four old people, Xu Min and Du Xinzhi. According to the requirements of the Civil Code, adult children (including children of biological parents, adopted children with dependency relationship and stepchildren) have the obligation to support their parents. Guo Wei is the biological parents and children of Xu Min's wife, and has no blood relationship with Du Xinzhi's parents and children, so he only undertakes the legal obligation to support Xu Min's wife, not Du Xinzhi. Naturally, if Guo Wei agrees to raise Du Xinzhi and his wife, laws and regulations are not strictly prohibited.
Who undertakes the obligation to support and raise him? Some netizens think that after understanding the objective facts of wrong exchange, Mrs. Xu Min changed her attitude towards Yao Ce and failed to fulfill her obligation to support Yao Ce, who was seriously ill. However, Bian Xiao believes that according to the requirements of the Civil Code, Yao Ce is not the child of Xu Min's wife, and Xu Min's wife has not fulfilled her legal obligation to raise Yao Ce. After learning that they are not their own children, Mrs. Xu Min and his wife can no longer raise them according to the regulations, nor can they be demanding.
Naturally, they are praised for their strong support out of love or kindness. According to the regulations, it is his wife and biological parents who are responsible for raising Yao Ce who is seriously ill. Moreover, the medical expenses paid by Mrs. Xu Min and his wife without knowing that Yao Ce is not their biological parents and children should be paid in advance, and they have the right to ask the person who has the obligation to support Yao Ce to return them.
In order to better save Yao Ce, a child suffering from hepatitis B virus, her mother was heavily in debt and wanted to cut her liver to save the child. Little did she know that the child who had been raised for 28 years no longer belonged to her biological parents at that moment. After thousands of assets were scattered, Xu's mother in Jiujiang, Jiangxi Province owed a debt to treat her children better. Guo Wei, his biological parents and children, dropped out of school to take care of his sister and mother when he was young, and Yao Ce's life track originally belonged to Guo Wei. Then I thought that the dog blood story, which was only available in TV series, accidentally produced the other side.
Neither the biological parents nor the heartless biological parents sued Huaihe Hospital of Henan University for "holding the wrong thing" and paid 1 million yuan. Stepmother owes Yao Ce, a congenital hepatitis B carrier, a lot of money since childhood. Yao Ce not only occupied her stepmother's only house, but also gave money to her mother and daughter-in-law. It's really miserable that the stepmother has nothing.
At first, it was a pleasure for parents to see Xu's mother cut her liver to save her son, but I didn't expect Yao Ce and her biological parents to show me the advantages of human nature: at the beginning of my life, inherent vice.