Law on the rights and interests of the elderly

Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly

Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly

Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly was adopted at the 21st meeting of the Eighth the National People's Congress Standing Committee (NPCSC) on August 29th, 1996; According to the Decision on Amending Some Laws of the 1th Session of the 11th the National People's Congress Standing Committee (NPCSC) on August 27th, 29; Revised at the 3th meeting of the 11th the National People's Congress Standing Committee (NPCSC) on December 28th, 212, promulgated by Decree No.72 of the President of the People's Republic of China on December 28th, 212. The Law on the Protection of the Rights and Interests of the Elderly is divided into nine chapters and 85 articles, including general provisions, family support and maintenance, social security, social services, social preferential treatment, livable environment, participation in social development, legal responsibilities and supplementary provisions. Family members who live separately from the elderly should often visit or greet the elderly (often go home to see them). It will be illegal to visit the elderly frequently, and it will be implemented as of July 1, 213.

chapter I

article 1 this law is formulated in accordance with the constitution in order to protect the legitimate rights and interests of the elderly, develop the cause of the elderly and carry forward the virtues of respecting, supporting and helping the elderly of the Chinese nation. [4]

Article 2 The term "old people" as mentioned in this Law refers to citizens over the age of 6.

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, and participate in social development and enjoy the fruits of development.

It is forbidden to discriminate, insult, abuse or abandon the elderly.

article 4 it is a long-term strategic task of the state 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, and gradually improve the conditions for ensuring their life, health, safety and participation in social development, so as to achieve a sense of security, medical care, health and happiness for the elderly.

article 5 the state establishes a multi-level social security system and gradually improves the level of protection for the elderly.

the state has established and improved a social pension service system based on home, supported by communities and supported by institutions.

advocate that the whole society gives preferential treatment to the elderly.

article 6 people's governments at all levels should incorporate the cause of aging into the national economic and social development plan, include the funds for the cause of aging in the financial budget, establish a stable fund guarantee mechanism, and encourage all sectors of society to invest in it, so as to make the cause of aging develop in harmony with the economy and society.

the State Council has formulated a national development plan for the aged. The local people's governments at or above the county level shall, in accordance with 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 institutions of the people's governments at or above the county level responsible for the work of aging are responsible for organizing, coordinating, guiding and urging the relevant departments to do a good job in safeguarding the rights and interests of the elderly.

article 7 it is the common 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, according to their respective responsibilities, do a good job in safeguarding the rights and interests of the elderly.

grassroots mass autonomous organizations and legally established organizations for the elderly should reflect the demands of the elderly, safeguard their legitimate rights and interests and serve them.

advocate and encourage voluntary service for the elderly.

article 8 the state conducts 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 extensively carry out 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 on respecting, supporting and helping the elderly and legal education on safeguarding the legitimate rights and interests of the elderly.

Radio, movies, television, newspapers, and the Internet should reflect the lives 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 1 people's governments at all levels and relevant departments shall commend or reward organizations, families or individuals who have made outstanding contributions to the social development and have made outstanding contributions to the elderly in accordance with the relevant provisions of the state.

article 11 the elderly should abide by the law and fulfill their obligations stipulated by law.

article 12 the ninth day of the ninth lunar month is the festival for the aged. [1]

Chapter II

Article 13 Old-age care is based on staying at home, and family members should respect, care for and take care of the elderly.

Article 14 A supporter shall fulfill the obligation of providing financial support, daily care and spiritual comfort to the elderly, and take care of their special needs.

The dependents 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 the obligation of support.

Article 15 A supporter shall enable the sick elderly to receive timely treatment and care; Medical expenses should be provided for the elderly with financial difficulties.

for the elderly who can't take care of themselves, the supporter should take care of them; If you can't take care of yourself, you can entrust others or old-age care institutions to take care of them 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 right relationship or lease relationship without authorization.

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

Article 17 A supporter has 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.

Article 18 Family members should be concerned about the spiritual needs of the elderly, and should not neglect or neglect them.

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

the employer shall guarantee the right of the dependents to visit relatives and take vacations in accordance with the relevant provisions of the state.

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

If the supporter fails to perform the obligation of support, the elderly have the right to ask the supporter to pay alimony.

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

Article 2 With the consent of the elderly, supporters may sign an agreement on the performance of their maintenance obligations. 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 unit where the supporter works 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.

article 22 elderly people have the right to possess, use, benefit and dispose of personal property according to law, and their children or other relatives may not interfere with it, nor may they infringe upon their property rights and interests by stealing, defrauding or forcibly demanding it.

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, rob, transfer, conceal or destroy property that should be inherited or donated by the elderly.

when the elderly dispose of their property by will, they should reserve the necessary share for their spouses according to law.

Article 23 The elderly and their spouses have the obligation to support each other.

when a brother or sister is brought up by him, if he can afford it, he has the obligation to support the elder brother or sister who has no provider.

article 24 if a supporter or supporter fails to perform the obligation of maintenance, grassroots mass autonomous organizations, organizations for the elderly or the unit where the supporter or supporter belongs shall urge him to perform it.

article 25 prohibits domestic violence against the elderly.

Article 26 An elderly person with full capacity for civil conduct may determine his or her guardian through consultation among his or her close relatives or other individuals and organizations who are willing to assume the responsibility of guardianship. 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 lost or partially lost their capacity for civil conduct, their guardians shall be determined in accordance with the provisions of relevant laws.

article 27 the state establishes and improves family support policies for the aged, encourages family members to live with the elderly or live nearby, provides conditions for the elderly to migrate with their spouses or caregivers, and provides help for family members to take care of the elderly. [1]

Chapter III

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. The elderly who enjoy the minimum living guarantee and the elderly in eligible low-income families will be subsidized by the government to participate in the new rural cooperative medical system and the basic medical insurance for urban residents.

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

article 3 the state shall gradually carry out long-term nursing care to ensure the nursing needs of the elderly.

The 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.

if the elderly have no ability to work, no source of income, no dependents and supporters, or their dependents and supporters really have no ability to support or support, the local people's governments at all levels shall provide support or assistance in accordance with relevant regulations.

The local people's governments at all levels shall provide assistance to the elderly who have no livelihood, such as vagrancy, begging and abandonment.

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 renovating dilapidated houses.

article 33 the state establishes and improves the welfare system for the elderly, and increases the social welfare for 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 the age of 8.

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

In rural areas, some uncommitted collectively owned land, mountains, water surfaces and beaches can be used as pension bases, and the proceeds can be used for the aged.

article 34 the pension, medical treatment and other benefits 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.

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

article 35 the state encourages charitable organizations and other organizations and individuals to provide material assistance to the elderly.

article 36 the elderly can sign legacy support agreements or other assistance 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 of living, supporting and burying the elderly in accordance with the legacy maintenance agreement, and enjoy the right of bequest. [1]

Chapter IV

Article 37 Local people's governments at all levels and relevant departments shall 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 consultation and other forms of services for the elderly at home.

the local people's governments at all levels should gradually subsidize the aged care service for the elderly with financial difficulties.

article 38 local people's governments at all levels, relevant departments and grass-roots mass autonomous organizations shall incorporate the facilities for the aged into the planning for the construction 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 and helping the elderly in trouble among neighbors.

Encourage charitable organizations and volunteers to serve the elderly. Advocate mutual help service for the elderly.

article 39 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, taxes, 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 4 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.

the land for non-profit old-age service facilities can use the land allocated by the state or the land collectively owned by farmers according to law.

the land used for old-age service facilities shall not be changed without legal procedures.

article 41 the pension institutions invested by the government should give priority to ensuring the service needs of the elderly who are widowed, disabled and elderly with financial difficulties.

Article 42 The relevant departments of the State Council shall formulate standards for the construction of old-age service facilities, the quality of old-age service and the occupation 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 should standardize the charging items and standards for aged care services and strengthen supervision and management.

Article 43 A pension institution shall meet the following conditions:

It has its own name, domicile and articles of association;

having funds suitable for the service content and scale;

having managers, professional technicians and service personnel who meet the relevant qualifications;

having basic living rooms, facilities and equipment, and activity venues;

other conditions stipulated by laws and regulations.

article 44 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; With permission, the corresponding registration shall be handled according to law.

the civil affairs department of the people's government at or above the county level is responsible for the guidance, supervision and management of the old-age care institutions, and other relevant departments shall supervise the old-age care institutions according to the division of responsibilities.

article 45 if the old-age care institution is changed or terminated, it shall properly resettle the old people who have been admitted, and go through the formalities with the relevant departments in accordance with the regulations. 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 the remuneration of employees, and develop a full-time, part-time and volunteer aged care service team.

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

article 47 an old-age care institution shall sign a service agreement with the elderly who receive the service or their agents to 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 take out liability insurance, and encourages insurance companies to take out liability insurance.

article 49 people's governments at all levels and relevant departments shall incorporate medical and health services for the elderly into urban and rural medical and health service planning.