Contents of the law on the protection of the rights and interests of the elderly

Article 1 This Law is formulated in accordance with the Constitution for the purpose of safeguarding the legitimate rights and interests of the elderly, developing the cause for the elderly and promoting the virtues of the Chinese nation in respecting, supporting and helping the elderly.

Article 2 The term "old people" as mentioned in this Law refers to citizens over the age of 60.

Article 3 The state protects the rights and interests enjoyed by the elderly according to law.

The elderly have the right to get material help from the state and society, enjoy social services and social preferential treatment, participate in social development and enjoy the fruits of development.

Discrimination, insult, abuse or abandonment of the elderly are prohibited.

Article 4 It is a long-term strategic task of the country to actively respond to the aging of the population.

The state and society should take measures to improve various systems for protecting the rights and interests of the elderly, gradually improve the conditions for ensuring their life, health, safety and participation in social development, and realize a sense of security, medical care, support and happiness for the elderly.

Article 5 The state establishes a multi-level social security system to gradually improve the security level of the elderly.

The state establishes and improves a social pension service system based on family, supported by community and supported by institutions.

Advocate the whole society to give preferential treatment to the elderly.

Article 6 People's governments at all levels shall incorporate the undertakings for the aged into the national economic and social development plan, incorporate the funds for the undertakings for the aged into the fiscal budget, establish a stable fund guarantee mechanism, encourage all sectors of society to invest, and ensure the coordinated development of the undertakings for the aged with the economy and society.

The State Council has formulated a national development plan for the cause of aging. The local people's governments at or above the county level shall, according to the national development plan for the cause of aging, formulate the development plan and annual plan for the cause of aging in their respective administrative areas.

The people's governments at or above the county level shall be responsible for the work of aging, and shall be responsible for organizing, coordinating, guiding and urging relevant departments to do a good job in safeguarding the rights and interests of the elderly.

Article 7 It is the responsibility of the whole society to protect the legitimate rights and interests of the elderly.

State organs, social organizations, enterprises, institutions and other organizations shall, in accordance with their respective responsibilities, do a good job in safeguarding the rights and interests of the elderly.

Grassroots mass autonomous organizations and organizations for the elderly established according to law should reflect the requirements of the elderly, safeguard their legitimate rights and interests and serve them.

Advocate and encourage voluntary service for the elderly.

Article 8 The State shall carry out education on the national conditions of population aging, so as to enhance the awareness of the whole society to actively respond to population aging.

The whole society should carry out extensive publicity and education activities to respect, support and help the elderly, and establish a social fashion of respecting, caring and helping the elderly.

Youth organizations, schools and kindergartens should carry out moral education to respect, support and assist the elderly and legal education to safeguard their legitimate rights and interests.

Radio, movies, television, newspapers and internet should reflect the life of the elderly, carry out propaganda to safeguard their legitimate rights and interests and serve them.

Article 9 The State supports scientific research on aging, and establishes a statistical investigation and release system on the situation of the elderly.

Article 10 People's governments at all levels and relevant departments shall, in accordance with the relevant provisions of the state, commend or reward organizations, families or individuals that have made remarkable achievements in safeguarding the legitimate rights and interests of the elderly and in respecting, supporting and helping the elderly, and the elderly who have made outstanding contributions to social development.

Eleventh elderly people should abide by the law and fulfill their obligations stipulated by law.

Article 12 The ninth day of the ninth lunar month is the Day for the Elderly.

Chapter II Family Support and Raising

Thirteenth elderly care is based on home, and family members should respect, care and take care of the elderly.

Article 14 A supporter shall perform the obligations of economic support, life care and spiritual comfort for the elderly, and take care of their special needs.

Supporters refer to the children of the elderly and other people who have the obligation to support according to law.

The spouse of the supporter shall assist the supporter in fulfilling his maintenance obligations.

Fifteenth supporters should make the sick elderly get timely treatment and care; For the elderly with financial difficulties, medical expenses should be provided.

For the elderly who can't take care of themselves, the supporter should bear the responsibility of care; If you can't take care of yourself, you can entrust others or pension institutions to take care of you according to the wishes of the elderly.

Article 16 A supporter shall properly arrange housing for the elderly, and shall not force the elderly to live or move to a house with poor conditions.

Children or other relatives may not occupy the houses owned or leased by the elderly, and may not change the property rights or lease relationship without authorization.

Old people have their own houses, and their supporters have the obligation to maintain them.

Article 17. Supporters have the obligation to cultivate or entrust others to cultivate the fields contracted by the elderly, take care of or entrust others to take care of the trees and livestock of the elderly, and the proceeds shall be owned by the elderly.

Eighteenth family members should be concerned about the spiritual needs of the elderly, and may not ignore or neglect the elderly.

Family members who live apart from the elderly should often visit or greet the elderly.

The employing unit shall, in accordance with the relevant provisions of the state, guarantee the right of family members of the army to visit relatives and take vacations.

Article 19 A supporter shall not refuse to perform his maintenance obligations by giving up his inheritance or for other reasons.

If the supporter fails to perform his maintenance obligations, the elderly have the right to ask the supporter to pay alimony.

A supporter may not ask the elderly to undertake work beyond their ability.

Article 20 With the consent of the elderly, the supporter may sign an agreement to fulfill the obligation of support. The contents of the maintenance agreement shall not violate the provisions of the law and the wishes of the elderly.

Grass-roots mass autonomous organizations, organizations for the elderly or the units where their supporters work shall supervise the implementation of the agreement.

Article 21 The freedom of marriage of the elderly is protected by law. Children or other relatives shall not interfere with the divorce, remarriage and married life of the elderly.

The maintenance obligation of the supporter is not eliminated by the change of the marital relationship of the elderly.

Twenty-second elderly people have the right to possess, use, benefit and dispose of personal property according to law, and children or other relatives may not interfere with it, nor may they infringe on the property rights and interests of the elderly by theft, fraud or forcible demand.

The elderly have the right to inherit the inheritance of their parents, spouses, children or other relatives according to law, and have the right to accept gifts. Children or other relatives may not occupy, plunder, transfer, conceal or destroy property that should be inherited or donated by the elderly.

When the elderly dispose of property in their wills, they should reserve the necessary share for their spouses according to law.

Twenty-third elderly people and their spouses have the obligation to support each other.

When a sibling who is supported by a sibling becomes an adult, if she has the financial ability, she has the obligation to support an elderly sibling who has no supporter.

Twenty-fourth maintenance, maintenance obligations, grassroots mass autonomous organizations, organizations of the elderly or maintenance, maintenance units shall urge them to perform.

Article 25 Domestic violence against the elderly is prohibited.

Twenty-sixth elderly people with full capacity for civil conduct may be determined by their close relatives or other individuals and organizations who are close to them and are willing to assume guardianship responsibilities through consultation. When the elderly lose or partially lose their capacity for civil conduct, the guardian shall bear the guardianship responsibility according to law.

If the elderly have not determined their guardians in advance, they shall determine their guardians in accordance with the provisions of relevant laws when they lose or partially lose their capacity for civil conduct.

Article 27 The state establishes and improves the family pension policy for the elderly, encourages family members to live with the elderly or live nearby, provides conditions for the elderly to move with their spouses or caregivers, and provides help for family members to take care of the elderly.

Chapter III Social Security

Article 28 The state guarantees the basic livelihood of the elderly through the basic old-age insurance system.

Article 29 The state guarantees the basic medical needs of the elderly through the basic medical insurance system. Elderly people who enjoy the minimum living guarantee and eligible low-income families are funded by the government to participate in the new rural cooperative medical system and basic medical insurance for urban residents.

The relevant departments should take care of the elderly when formulating medical insurance measures.

Article 30 The state gradually promotes long-term care to ensure the nursing needs of the elderly.

Local people's governments at all levels should give nursing subsidies to the elderly who can't take care of themselves for a long time and have financial difficulties.

Article 31 The state provides basic living, medical care, housing or other assistance to the elderly who are in financial difficulties.

The local people's governments at all levels shall provide support or assistance to the elderly who have no ability to work, no source of income, no supporter or supporter, or their supporters and supporters really have no ability to support and support.

Local people's governments at all levels shall provide assistance to vagrants, beggars and abandoned elderly people.

Article 32? Local people's governments at all levels should give priority to eligible elderly people when implementing low-rent housing, public rental housing and other housing security systems or rebuilding dangerous houses.

Article 33 The state establishes and improves the welfare system for the elderly, and increases the social welfare of the elderly according to the level of economic and social development and the actual needs of the elderly.

The state encourages local governments to establish an old age allowance system for low-income elderly people over 80 years old.

The state establishes and improves the system of supporting the elderly in family planning.

In rural areas, some land, forests, water surfaces, beaches, etc. , non collective contract, can be used as the pension base, the proceeds can be used for pension.

Article 34 The pension and medical treatment enjoyed by the elderly according to law shall be guaranteed, and the relevant institutions must pay them in full and on time, and shall not deduct, default or misappropriate them.

The state shall raise the level of old-age security in a timely manner according to the economic development, the average wage increase of employees and the price increase.

Article 35 The State encourages charitable organizations and other organizations and individuals to provide material assistance to the elderly.

Thirty-sixth elderly people can sign legacy support agreements or other support agreements with collective economic organizations, grassroots mass autonomous organizations, pension institutions and other organizations or individuals.

Organizations or individuals with maintenance obligations shall bear the obligation to support, raise and bury the elderly in accordance with the legacy maintenance agreement and enjoy the right to be bequeathed.

Chapter IV Social Services

Article 37? Local people's governments at all levels and relevant departments should take measures to develop urban and rural community pension services, encourage and support professional service institutions and other organizations and individuals, and provide life care, emergency rescue, medical care, spiritual comfort, psychological counseling and other forms of services for the elderly at home.

Local people's governments at all levels should gradually give subsidies for old-age services to the elderly with financial difficulties.

Article 38 Local people's governments at all levels, relevant departments and grass-roots mass autonomous organizations shall incorporate old-age service facilities into the construction planning of supporting facilities in urban and rural communities, and establish service facilities and outlets such as life service, cultural and sports activities, day care, disease care and rehabilitation to meet the needs of the elderly, so as to provide services for the elderly nearby.

Carry forward the tradition of mutual assistance among neighbors and advocate caring for and helping the elderly in trouble among neighbors.

Encourage charitable organizations and volunteers to serve the elderly. Promote mutual help services for the elderly.

Thirty-ninth people's governments at all levels should gradually increase their investment in old-age services according to the level of economic development and the service needs of the elderly.

People's governments at all levels and relevant departments take measures in finance, taxation, land and financing to encourage and support enterprises, institutions, social organizations or individuals to establish and operate facilities for the aged, day care for the elderly and cultural and sports activities for the elderly.

Article 40 Local people's governments at all levels and relevant departments shall, according to the proportion and distribution of the elderly population, incorporate the construction of old-age service facilities into urban and rural planning and the overall land use planning, and make overall arrangements for the land and materials needed for the construction of old-age service facilities.

Non-profit pension service facilities can use state-owned allocated land or land collectively owned by farmers according to law.

Without legal procedures, the land use of pension service facilities shall not be changed.

Forty-first government-invested pension institutions should give priority to ensuring the service needs of widowed, disabled and elderly people.

Article 42 The relevant departments of the State Council shall formulate the construction of old-age service facilities, the quality of old-age service and the professional standards of old-age service, and establish and improve the classified management of old-age institutions and the evaluation system of old-age service.

People's governments at all levels shall standardize the charging items and standards for aged care services and strengthen supervision and management.

Article 43 The establishment of an old-age care institution shall meet the following conditions:

(1) Having its own name, domicile and articles of association;

(2) Having funds commensurate with the service content and scale;

(3) Having qualified managers, professional technicians and service personnel;

(4) Having basic living rooms, facilities, equipment and activity places;

(5) Other conditions stipulated by laws and regulations.

Forty-fourth the establishment of an old-age care institution shall apply to the civil affairs department of the people's government at or above the county level for administrative license; If it is approved, it shall go through the corresponding registration according to law.

The civil affairs departments of the people's governments at or above the county level shall be responsible for the guidance, supervision and management of the old-age care institutions, and other relevant departments shall supervise the old-age care institutions in accordance with the division of responsibilities.

Forty-fifth old-age care institutions to change or terminate, should be properly placed for the elderly, and in accordance with the provisions of the relevant departments to go through the formalities. The relevant departments shall provide assistance to the old-age care institutions for proper placement of the elderly.

Article 46 The State shall establish and improve the system of training, using, evaluating and encouraging the aged care service personnel, standardize the employment according to law, promote the reasonable increase of employees' remuneration, and develop full-time, part-time and voluntary aged care service teams.

The state encourages institutions of higher learning, secondary vocational schools and vocational training institutions to set up related majors or training programs to train professionals in aged care services.

Forty-seventh pension institutions should sign a service agreement with the elderly or their agents who receive services, and clarify the rights and obligations of both parties.

Pension institutions and their staff shall not infringe upon the rights and interests of the elderly in any way.

Article 48 The State encourages pension institutions to participate in liability insurance and encourages insurance companies to participate in liability insurance.

Forty-ninth people's governments at all levels and relevant departments should incorporate the medical and health services for the elderly into the urban and rural medical and health service planning, and incorporate the health management of the elderly and the prevention and treatment of common diseases into the national basic public health service projects. Encourage the provision of medical care, nursing and hospice care for the elderly.

The state encourages medical institutions to set up geriatric specialties or outpatient clinics.

Medical and health institutions should provide health services and disease prevention for the elderly.

Article 50 The state shall take measures to strengthen the research and personnel training of senile diseases, improve the level of prevention, treatment and scientific research of senile diseases, and promote the early detection, diagnosis and treatment of senile diseases.

The state and society take measures to carry out various forms of health education, popularize health care knowledge of the elderly, and enhance their self-care awareness.

Article 51 The State shall take measures to develop industries for the aged and include them in the catalogue of industries supported by the State. Support and guide enterprises to develop, produce and operate products that meet the needs of the elderly and provide related services.

Chapter five? social preferences

Fifty-second people's governments at or above the county level and their relevant departments shall, according to the economic and social development and the special needs of the elderly, formulate preferential treatment measures for the elderly and gradually improve the level of preferential treatment.

Give equal preferential treatment to the elderly living in other parts of the administrative area.

Fifty-third people's governments at all levels and relevant departments should provide timely and convenient conditions for the elderly to receive pensions, settle medical expenses and enjoy other material help.

Article 54 People's governments at all levels and relevant departments shall, when handling major matters involving the rights and interests of the elderly, such as the change of housing ownership and the transfer of household registration, ask whether the matters handled are the true expression of the elderly, and give priority to them according to law.

Fifty-fifth elderly people bring a lawsuit because their legitimate rights and interests are infringed, and if it is really difficult to pay the legal fees, they can postpone, reduce or exempt them; Legal aid is available to those who need the help of a lawyer but cannot afford it.

Encourage law firms, notary offices, grassroots legal services and other legal service institutions to provide free or preferential services for the elderly with financial difficulties.

Fifty-sixth medical institutions should provide convenience for the elderly to seek medical treatment, and give priority to the elderly. Where conditions permit, family beds can be set up for the elderly, and services such as roving medical treatment, nursing, rehabilitation and free physical examination can be carried out.

Advocate free clinic for the elderly.

Fifty-seventh advocate the service industry closely related to the daily life of the elderly to provide priority and preferential services for the elderly.

Urban public transport, highways, railways, waterways and air passenger transport should provide preferential treatment and care for the elderly.

Fifty-eighth museums, art galleries, science and technology museums, memorial halls, public libraries, cultural centers, theaters, stadiums, parks, tourist attractions and other places should be open to the elderly free of charge or at preferential rates.

Fifty-ninth rural elderly people do not bear the obligation to support and set up public welfare undertakings.

Chapter VI Livable Environment

Article 60 The state shall take measures to promote the construction of a livable environment and provide a safe, convenient and comfortable environment for the elderly.

Article 61 When formulating urban and rural planning, people's governments at all levels should make overall consideration of building public infrastructure, living service facilities, medical and health facilities and cultural and sports facilities suitable for the elderly according to the development trend of aging population, the distribution of the elderly population and the characteristics of the elderly.

Article 62 The State shall formulate and improve the standard system for engineering construction involving the elderly, and strengthen the implementation and supervision of relevant standards in planning, design, construction, supervision, acceptance, operation, maintenance and management.

Article 63 The State formulates standards for the construction of barrier-free facilities. New construction, reconstruction and expansion of roads, public transport facilities, buildings and residential areas shall conform to the national standards for the construction of barrier-free facilities.

People's governments at all levels and relevant departments shall, in accordance with the national standards for the construction of barrier-free facilities, give priority to the transformation of public service facilities closely related to the daily life of the elderly.

Owners and managers of barrier-free facilities shall ensure the normal use of barrier-free facilities.

Article 64 The state promotes the construction of livable communities for the elderly, guides and supports the development of livable housing for the elderly, promotes and supports the renovation of barrier-free facilities for the elderly, and creates barrier-free living environment for the elderly.

Chapter VII Participation in Social Development

Article 65 The state and society should attach importance to and cherish the knowledge, skills, experience and fine morality of the elderly, give full play to their expertise and functions, and ensure their participation in economic, political, cultural and social life.

Sixty-sixth elderly people can carry out activities beneficial to physical and mental health through organizations of the elderly.

Sixty-seventh laws, regulations, rules and public policies, major issues involving the rights and interests of the elderly, should listen to the opinions of the elderly and elderly organizations.

The elderly and their organizations have the right to put forward opinions and suggestions to the state organs on the protection of the rights and interests of the elderly and the development of their undertakings.

Article 68 The state creates conditions for the elderly to participate in social development. According to the needs and possibilities of society, the elderly are encouraged to participate in the following activities voluntarily according to their own abilities:

(1) Educating teenagers and children in fine traditions such as socialism, patriotism, collectivism and hard struggle;

(2) imparting cultural and scientific knowledge;

(3) Providing consulting services;

(four) to participate in the development and application of science and technology according to law;

(five) engaged in business and production activities according to law;

(six) to participate in voluntary service and set up social welfare undertakings;

(seven) to participate in the maintenance of social order and assist in the mediation of civil disputes;

(eight) to participate in other social activities.

Article 69 The lawful income of the elderly who take part in labor shall be protected by law.

No unit or individual may arrange for the elderly to engage in labor or dangerous operations that endanger their physical and mental health.

Article 70 The elderly have the right to continue their education.

The state develops education for the aged, integrates it into the lifelong education system, and encourages the society to organize various schools for the aged.

People's governments at all levels should strengthen leadership, make unified planning and increase investment in education for the elderly.

Article 71 The state and society shall take measures to carry out mass cultural, sports and recreational activities suitable for the characteristics of the elderly, so as to enrich their spiritual and cultural life.

Chapter VIII Legal Liability

Article 72 Where the lawful rights and interests of the elderly are infringed, the infringed person or his agent has the right to request the relevant department to handle it, or bring a lawsuit to the people's court according to law.

The people's courts and relevant departments shall promptly accept complaints, accusations and exposures that infringe upon the legitimate rights and interests of the elderly, and shall not shirk or delay.

Seventy-third departments or organizations that fail to perform their duties of protecting the legitimate rights and interests of the elderly shall be criticized and educated by their superior competent departments and ordered to make corrections.

State functionaries who violate the law and neglect their duties, resulting in damage to the legitimate rights and interests of the elderly, shall be ordered by their units or higher authorities to make corrections, or be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 74 If there is a dispute between the elderly and their family members over maintenance, support or housing or property, they may apply to the People's Mediation Committee or other relevant organizations for mediation, or they may directly bring a suit in a people's court.

When the people's mediation committee or other relevant organizations mediate the disputes mentioned in the preceding paragraph, they shall resolve the contradictions and disputes through persuasion and persuasion. Family members who are at fault should criticize and educate.

The people's court may make a ruling on the elderly's application for alimony or maintenance according to law.

Article 75 Those who interfere with the freedom of marriage of the elderly, have the obligation to support them, refuse to support them, abuse them or commit domestic violence against them shall be criticized and educated by the relevant units; If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Seventy-sixth family members who steal, cheat, rob, occupy, blackmail or intentionally damage the property of the elderly, which constitutes a violation of public security management, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 77 Whoever insults or slanders the elderly and constitutes a violation of public security administration shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 78 Where an old-age care institution is established without permission, the civil affairs department of the people's government at or above the county level shall order it to make corrections; In line with the conditions of the old-age care institutions stipulated by laws and regulations, the relevant procedures shall be handled according to law; Fails to meet the statutory conditions, shall be ordered to close, proper placement of the elderly; If damage is caused, civil liability shall be borne according to law.

Seventy-ninth old-age care institutions and their staff who infringe upon the personal rights and property rights of the elderly, or fail to provide services as agreed, shall bear civil liability according to law; The relevant competent department shall give administrative punishment according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 80 If the departments and their staff who are responsible for the management and supervision of the old-age care institutions abuse their powers, neglect their duties or engage in malpractices for selfish ends, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Eighty-first do not fulfill the obligation of preferential treatment for the elderly in accordance with the provisions, the relevant competent department shall order it to make corrections within a time limit.

Eighty-second projects involving the elderly do not meet the standards prescribed by the state, or the owners and managers of barrier-free facilities fail to perform their maintenance and management duties, and the relevant competent departments shall order them to make corrections; If damage is caused, it shall bear civil liability according to law; Give administrative punishment to the relevant units and individuals according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter IX Supplementary Provisions

Article 83? The people's congresses of ethnic autonomous areas may, in accordance with the principles of this Law and the specific conditions of local ethnic customs and habits, formulate flexible or supplementary provisions in accordance with legal procedures.

Article 84 If an old-age care institution established before the implementation of this Law does not meet the requirements stipulated in this Law, it shall make rectification within a time limit. The specific measures shall be formulated by the civil affairs department of the State Council.

Article 85 This Law shall come into force as of July 1 2065438.