China News Service, Beijing, February 23. On the 23rd, the Supreme People's Court released the second batch of typical civil cases of people's courts vigorously promoting socialist core values.

In a case where parents can say no to their adult children, the Supreme Court pointed out that for adult children who are able to work, parents no longer bear the responsibility of raising them.

If parents are unwilling or unable to provide material assistance to adult children, and the children forcibly "eat the old", the civil rights of the parents are violated, and the parents have the right to refuse.

  The case released by the Supreme Court shows that Yang Moushun is the son of Yang Mouhong and Wu Mouchun.

Yang Moushun has been living with his parents in the same house in the countryside since he was born.

When Yang Moushun became an adult, he was addicted to gambling for a long time and owed huge gambling debts.

Afterwards, the house was included in the scope of leveling, and three sets of buildings were replaced after compensation for demolition and relocation.

After the three houses were delivered, one of the houses was sold to others, and the proceeds were used to help Yang Moushun repay his gambling debts; the remaining two were rented out to others, and the other was for three people to live together.

Later, due to family conflicts, Yang Mouhong and Wu Mouchun no longer allowed Yang Moushun to live in their house.

  Yang Shunsui sued the couple Yang Mouhong and Wu Mouchun to the court for a judgment on the grounds that they had been living with their parents since birth, and the two parties formed a de facto co-living relationship and thus had the right to reside in the house involved in the case. It has the right to live in the house for rent.

  The people's court held that Yang Moushun had full capacity for civil conduct and labor when he became an adult, and should be self-reliant for a better life for himself and his family, rather than relying on his parents.

Although Yang Mouhong and Wu Mouchun are parents, they have no legal obligation to support their adult children.

  In addition, the house involved in the case is the joint property of the husband and wife. Yang Mouchun and Wu Mouchun have the right to decide how to use and dispose of the house, and others have no right to interfere.

Although Yang Moushun has lived with Yang Mouhong and Wu Mouchun since his birth, he does not have the right to live in the house involved in the case, and he has no right to continue living in the house owned by his parents.

Therefore, the judgment dismissed Yang Moushun's claim.

  In this regard, the Supreme Court stated that Article 26 of the Civil Code of the People's Republic of China stipulates: "Parents have the obligation to support, educate and protect minor children. Adult children have the obligation to support, assist and protect their parents." For adult children who are able to work, parents are no longer obligated to support them.

If parents voluntarily provide material assistance to adult children, this is the right of parents to voluntarily dispose of themselves; if parents are unwilling or unable to provide material assistance to adult children, and the children forcibly "eat the old", the parents' civil rights are violated, and parents have the right to reject.

  While judicial adjudication protects the legitimate rights and interests of the parties, it also guides people to respect, self-reliance, self-improvement and self-love.

The Supreme Court pointed out that the judgment in this case made it clear that an adult child who has the ability to work has no right to continue to live in the house owned by the parents if the parents expressly refuse, and denied the adult child's behavior of "lying flat" but letting the parents move forward with a heavy burden. , which embodies the core socialist values ​​of civilization and the rule of law, helps guide young people to abandon the wrong thinking of "gnawing the old", establish a correct outlook on life and values, and encourage young people to create their own beautiful life with hard work and sweat.

(over)