Three brothers selflessly cared for a deaf-mute elderly man until his death. The court ruling fully affirmed their actions.
The case of the estate administrator of a widowed elderly person brings out the "good stories in the world"
Fairness and justice are the soul and life of justice.
For the people, filing a case is the most direct way to feel fairness and justice, and it is also the best yardstick to measure judicial work.
Whether a case is handled well or not, the people's eyes are sharp and they have their own evaluation in their hearts.
From the court ruling on the case of the administrator of the estate of a widowed elderly man, realizing the integration of national law, natural principles, and human feelings, to the procuratorial organs supervising a rape and murder case 17 years ago in accordance with the law, promoting the arrest of the real culprit and the innocence of the innocent... In the past year, a large number of cases Leave a deep impression on the people, let them feel that the case handling is strong and the judiciary is more warm.
It is the value pursuit of judicial organs to strive to make the people feel fairness and justice in every judicial case.
Starting today, the Rule of Law Jingwei Edition will launch a series of reports on "Judicial Temperature in Fair Handling of Cases", which will dissect typical cases through return visits to demonstrate judicial fairness and sentiments for the people.
stay tuned.
□ Reporter Ding Guofeng
In a house built in the 1980s, the small living room contains an old-fashioned wooden cupboard and chopstick cage that are common in Jiangnan people. There are several bottles of sauce and vinegar standing in the closet, and several bottles of sauce and vinegar are scattered on the stove along the window. Rice cookers of different sizes.
There are several pieces of old-fashioned furniture in the bedroom on the south side of the house, and there are several wardrobes and suitcases piled in the storage room...
This is what a reporter from the "Rule of Law Daily" saw when he recently walked into No. 13 Shi Xiao Lane, Old Town, Taicang City, Jiangsu Province.
Hidden in this old house is a touching story of three brothers who selflessly cared for Master Yang, an unrelated, childless, deaf-mute old man for many years.
In January 2021, Master Yang died of illness, and his posthumous affairs were handled by the three brothers.
In fact, Master Yang's sister was taken care of by the three brothers before her death, and her posthumous affairs were also handled by the three brothers.
Today, the story of the three brothers taking care of the Yang siblings until their old age has become a favorite story passed down by word of mouth among the neighbors in this small Jiangnan town.
After Master Yang's death, how to deal with his "sleeping" inheritance?
After learning from many parties that the Civil Code established an estate management system, in July 2022, the three brothers applied to the court to designate the Taicang Civil Affairs Bureau as the estate administrator of Master Yang.
After hearing the case, the Taicang Municipal People's Court made a civil judgment according to special procedures.
In the autumn of 2023, the Taicang Civil Affairs Bureau actively performed its management duties, inventoried Master Yang's inheritance, and assisted in the transfer and registration of this house to the names of the three brothers.
Experts interviewed believe that the judgment allowing the three brothers to apply for the designation of estate managers as interested parties is conducive to promoting the core socialist values of civilization, harmony, integrity and friendliness.
This is also a simple reappearance of the traditional Chinese culture of "filial piety, loyalty and trust" in the new era, making this case a vivid example of the continuous promotion of socialist core values in the judicial field.
Organizational arrangements and care
The three brothers are responsible for their later life
Master Yang was born in 1930. He is a deaf-mute disabled person. Due to his unfortunate fate, his parents died early and he and his sister lived together in this "old public house". Neither sister nor brother got married, and they had no children. .
Ten years ago, Master Yang's sister passed away due to illness. The only last words she left behind were: My younger brother is alone and he is always worried. He hopes that the organization will take care of him.
What is gratifying is that the Taicang Federation of Trade Unions, where Master Yang's sister worked, held a symposium in the community on the day of her death to discuss arrangements for Master Yang's daily life.
At that time, the three Gu brothers, the three grandsons of Master Yang's childhood wet nurse, accepted Master Yang's selection and identification on the spot and promised to take good care of him in his later years.
From then on, Master Yang, the "elder generation", was taken care of by the three Gu brothers as a father until he passed away at the age of 90.
"When Master Yang was still in good health, the neighbors all knew that as long as he stood blankly at the entrance of the alley, he was waiting for Lao Gu and others to come and deliver food." The person who told the reporter this was already in the community. Zhu Ye, deputy director of the Fudong Community Neighborhood Committee who has worked for more than ten years, said, "everything that happened between the two families is known to the older residents and has become a good story."
"Our community has specially compiled such a thick book about the case and the materials about Master Yang and his brother and sister. Master Yang's sister, Yang Biwu, whose work date shown in the file is May 1949, is a retired veteran cadre." Fudong Shen Qiuyan, secretary of the community party committee, told reporters that Master Yang is a deaf-mute. Deaf-mute people are generally wary of outsiders, but he has complete trust in the three brothers, Lao Gu.
The "Lao Gu" referred to by community cadres is Gu Moufang, the second of the three Gu brothers. When he learned that the reporter was coming to interview him, he waited in front of Master Yang's residence early and warmly welcomed the reporter into his home. .
The reporter found that there were four or five rice cookers on the stove at home.
"Because Master Yang is deaf and mute, his sister is worried about the danger of a fire in the house, so she only lets him use the rice cooker to cook rice and vegetables." Lao Gu pointed to the rice cooker on the stove and told the reporter, "The stew is okay. , if it’s cooking, it won’t be possible.”
"After his sister passed away, we three brothers agreed to let him take the bus to my house for dinner every weekend. After dinner, I would drive him home and bring him some food he liked." Because Lao Gu can drive, He became the "main force" in taking care of Master Yang.
"Then something happened that made us very worried." Lao Gu recalled that one time, Master Yang flagged down a taxi because he missed the bus. Because of poor communication, the driver went in the wrong direction. Send him to Huaqiao Town, Kunshan City, dozens of miles away.
In desperation, the driver sent him to the police station, and the police tried to contact Lao Gu.
"My daughter drove to Kunshan to pick him up, and he cried when he saw my daughter. After this incident, we considered his age and stopped letting him run back and forth. We visited him every week."
So, every Sunday at 9 a.m., the Gu brothers went to Master Yang's house to deliver vegetables and meals, rain or shine.
"Sometimes when we are late for a while, we can see him standing at the entrance of the alley waiting for us. As soon as he sees my car, he immediately beams."
Civil Code newly establishes heritage management
The court appoints an administrator accordingly
On September 24, 2017, Lao Gu delivered food to Master Yang as usual. When he arrived home and pushed the door in, he found Master Yang lying on the ground.
Lao Gu quickly called the 120 ambulance and sent Master Yang to the hospital for rescue.
After diagnosis, Master Yang suffered from a large area of cerebral infarction, resulting in difficulty in moving his limbs and unable to take care of himself.
Therefore, after Master Yang was discharged from the hospital, the three brothers arranged for him to be admitted to a rehabilitation hospital for treatment.
"Master Yang stayed in the rehabilitation hospital for 38 months. Although the pension is more than 3,000 yuan per month, medical insurance can reimburse part of the treatment expenses, and long-term care insurance can reimburse part of it, but in fact we are adding a lot of money every month. Daily needs such as diapers and nutritious rice noodles are all bought and given away," Lao Gu said.
Because they couldn't worry about Master Yang, the eldest and second among the three brothers visited him almost every other day. The medical staff at the hospital praised him secretly. It was difficult for his own son to visit him so frequently.
The reporter learned from the interview that the three Gu brothers have good family conditions, but they are all old. The eldest Gu Yuan is 78 years old, the second Gu Moufang is 70 years old, and the third Gu Mouqi is 62 years old.
The reporter looked through Master Yang's case data and found a thick stack of prepayment receipts for hospitalization fees over the years, each of which was signed by the Gu brothers.
Lao Gu said: "Although our two families are not related by blood, we have a deep relationship over the years. Neither of them has a family. They really should be taken care of when they are old. We just did our duty."
The happy family atmosphere of the three Gu brothers is what Master Yang likes most.
Every Spring Festival when the Gu family takes "family fun" photos, Master Yang almost always stands in the C position.
Master Yang also cherishes this big family. He writes the time, place and everyone's name on the back of each photo.
"He wrote something behind the photo, which was discovered when we were sorting out his belongings after his death. This moved us all," Lao Gu said.
In January 2021, Master Yang died of illness in the rehabilitation hospital, and the three brothers handled funeral arrangements for him in accordance with local customs.
On important occasions such as Qingming Festival, the three Gu brothers would go to worship.
Originally, the story between the three Gu brothers and Master Yang's sister and brother came to an end, and was lost in the world over time.
Who would have thought that with the Civil Code officially implemented on January 1, 2021, this story would have a continuation...
On July 1, 2022, after learning from many parties that the Civil Code had established a new estate management system, the three Gu brothers applied to the Taicang Municipal Court to designate the Taicang Civil Affairs Bureau as the estate administrator of Master Yang.
The application states that the Yang siblings are old people living alone and have no heirs. Since the applicant has an interest in the real estate, according to Article 1145 of the Civil Code, if there is no heir after the inheritance begins, the decedent shall inherit the property. The civil affairs department or village committee of the place where the person lived during his lifetime shall serve as the administrator of the estate.
"The particularity of this case is that a period of time after Master Yang's death coincided with the whole society actively studying and promoting the Civil Code, an encyclopedia of social life, especially civil rights, so that this 'sleeping' person in the alley could There is a new way to answer the question of the ownership of the house left by the Tao Yang siblings," said Wang Kun, president of the First Civil Trial Division of Taicang City Court, which handled the case.
During the trial, the judge in charge went to Master Yang’s community several times to investigate and verify relevant situations. As applicants, the three Gu brothers also submitted to the court a power of attorney written by Master Yang on July 11, 2014, and the Taicang City General Manager’s 2018 Information about the Yang siblings issued by the labor union and Fudong Community Neighborhood Committee, etc.
After trial, the Taicang City Court held that Article 1146 of the Civil Code stipulates that interested parties have the right to apply to the People's Court for the appointment of an estate administrator. The "interested party" here should refer to a person who has an interest in the estate.
In this case, the three Gu brothers have no blood or marriage relationship with Master Yang, have no legal obligation to support, and have no inheritance relationship. However, they have been taking care of Master Yang’s later life for many years and have taken great care of Master Yang’s daily life and medical care. , years of companionship also gave Master Yang spiritual comfort.
After Master Yang passed away, the three of them were responsible for all his funeral arrangements and worshiped according to customs.
The court held that the three Gu brothers provided de facto support to Master Yang and fell into the category of "people who support the decedent more and can distribute appropriate inheritance" as stipulated in Article 1131 of the Civil Code. They should also fall under Article 1131 of the Civil Code. "Interested persons" who have the right to apply for estate administrator as specified in Article 1146.
On December 7, 2022, the Taicang City Court issued a civil judgment and designated the Taicang Civil Affairs Bureau as the administrator of Master Yang’s estate.
The judgment held that allowing the three brothers to apply for designation of estate administrators as interested parties would be conducive to promoting the core socialist values of civilization, harmony, integrity, and friendliness.
Kind deeds conform to the spirit of the Civil Code
Judicial adjudication leads values
The Taicang City Court also clarified the responsibilities of the Taicang Municipal Civil Affairs Bureau as the estate administrator in its judgment, including cleaning up the estate and preparing an inventory of the estate, reporting the estate to the heirs, handling the decedent's claims and debts, and organizing the estate in accordance with the will or in accordance with the law. Provides for six duties including division of inheritance.
On August 24, 2023, the Taicang Civil Affairs Bureau divided Master Yang's estate based on the court's judgment. Among them, the 79.76-square-meter residence and bicycle garage located in Building 13 of Shi Xiao Lane are owned by the three Gu brothers. The three brothers each get one-third of their share; the balance of 2,398.89 yuan in the bank account under the name of Master Yang belongs to the three brothers, and each of the three brothers gets one-third of it; if the Yang siblings pay external debts, the three Gus will also The brothers shall be responsible for repaying one-third of the inheritance within the scope of their share of the above-mentioned inheritance.
A month later, with the assistance of the Taicang Civil Affairs Bureau, the house was transferred and registered to the names of the three brothers.
"The reason why this case has a happy ending and has attracted attention from all sides is mainly because many factors of the case, including relevant evidence and plot, are very consistent with the spirit of legislation." Wang Kun gave an example. The three Gu brothers took care of Master Yang for more than ten years regardless of rain or shine. Years ago, they did not remind, encourage or ask Master Yang in disguise to make a will to dispose of his property. This alone clearly proves the good deeds of the three Gu brothers and there is no flaw that can be criticized or questioned.
"There is no blood relationship. They are not relatives but are better than relatives. This case reflects Suzhou's collection of humanities and honest folk customs." Zhang Xiaojiang, president of Taicang City Court, believes that the three Gu brothers' own family conditions are also well-off. Over the years, He cared about Master Yang regardless of remuneration, especially when he was hospitalized in the last few years, he still had no regrets. This also includes the virtue of focusing on commitment and keeping promises, which is commendable.
"The three Gu brothers have taken great care of the disabled and orphaned elderly people for many years, which has led the social moral trend. The law should give a positive evaluation to this act of promoting morality and promoting kindness." Representative of the National People's Congress, operator of Taicang Wanfang International Terminal Co., Ltd. Deputy squad leader Chu Feng believes that the judgment in this case effectively prevented the deceased's property from falling into the predicament of unmanagement, and was in line with the legislative spirit of the inheritance management system of the Civil Code.
"Although the three applicants in this case have no blood relationship with the orphaned elderly man, they have taken care of the orphaned elderly man for many years until his death. The court ruled that the three applicants should be allowed to apply for the appointment of an estate administrator as interested parties, which is conducive to the promotion of The core socialist values of civility, harmony, integrity, and friendliness.” Fang Xinjun, Dean of Suzhou University Wang Jian Law School, believes that by invoking the core socialist values, this case has very well achieved the intention of integrating the core socialist values into the interpretation and reasoning of judicial documents. It has realized the concept of continuously improving people's satisfaction with judicial decisions and leading social fairness and justice with judicial justice.
"This case combines the inheritance discretionary system, correctly applies the rules for the creation of estate administrators, and accurately determines the legal status of the applicants of the three Gu brothers. It provides an effective way to solve the problem of the unmanaged estate of the widowed elderly, and highlights the role of the rule of law in regulating the estate. It plays a cornerstone role in social relations and maintaining social order." Yu Fei, dean of the School of Civil and Commercial Economics at my country University of Political Science and Law, commented that this case also reflects the special care that our country's judicial organs have for the rights and interests of the elderly in the context of an aging society, conveying to society It embodies the excellent traditional Chinese cultural concepts of "old people, old people, old people" and "good people are rewarded".
"As the trend of social aging intensifies, inheritance inheritance cases have become more complicated. It often happens that the inheritance is left unmanaged and the heirs find it difficult or even impossible to manage it properly." Wang Kun also suggested improving the inheritance management system to ensure the integrity of the inheritance. sex and security, distribute inheritance fairly and orderly, and at the same time resolutely crack down on illegal and criminal acts that defraud, abuse or even harm the disabled and demented elderly for the purpose of defrauding inheritance rights in disguise.