First, the particularity of the maintenance dispute analysis
(A) the particularity of maintenance disputes
1. Particularity of the theme. Compared with the tort debt caused by infringement, the subject of rights and obligations are specific. The right subject of infringing debt is the victim or close relative, and the obligation subject is the infringer and other subjects stipulated by law. Article 10 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the elderly mainly rely on the family to provide for the elderly, and family members should care for and take care of them. Therefore, the right subject of maintenance dispute cases is the elderly, and the obligation subject is the children of the elderly or other people with maintenance obligations. In addition, the maintenance case has personal relevance. Compared with other property cases, the biggest difference of maintenance cases is that maintenance disputes have direct status rights, not other rights based on debts.
2. Variability of the amount. With the passage of time, in the case of obvious changes in the living conditions of the dependents, such as the illness of the dependents, rising prices and other factors, you can request to change the litigation request and increase the alimony.
3. Time is long. The occurrence of maintenance disputes does not happen overnight. It is the last bottom line-litigation-that the contradiction is so acute that other individuals and groups can't solve it that the dependents are asked for help. Moreover, the judgment of the maintenance case is not executed at one time, but is terminated until the death of the dependent.
4. Harmony of contradictions. Although the causes of alimony disputes are complex, closely related to family relations and family property distribution, and the contradictions are sharp and seem irreconcilable at the beginning of the lawsuit, with the passage of time, the parties make concessions to each other and are driven by family ties, the alimony disputes can finally be reconciled.
5. The richness of content. Article 1 1 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall perform the obligations of financial support, life care and spiritual comfort for the elderly and take care of their special needs. Support for the elderly includes not only food, clothing, housing and transportation, but also meticulous care and spiritual comfort for the elderly, and should also meet the special needs of the elderly in physical condition and mental state.