People's Republic Of China Law Of Protection Of Rights And Interests Of The Elderly

Original Language Title: 中华人民共和国老年人权益保障法

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People's Republic of China presidential order 72nd

People's Republic of China Law on protection of rights and interests of the elderly by the People's Republic of China the 30th meeting of the Standing Committee of the 11th NPC on December 28, 2012, amendments have been passed, now revised the People's Republic of China Law on protection of rights and interests of the elderly published since July 1, 2013.
People's Republic of China President Hu Jintao
December 28, 2012 People's Republic of China Law of protection of rights and interests of the elderly

(August 29, 1996 meeting of the Standing Committee of the national people's Congress of the 21st through August 27, 2009, 11th session of the tenth meeting of the Standing Committee of the national people's Congress to amend parts of the law amended the decision on December 28, 2012 the 30th meeting of the Standing Committee of the 11th NPC amendments)

Directory

Chapter I General provisions

Chapter II family support and maintenance

Chapter III of the social security

The fourth chapter community service

Fifth chapter social privileges

Sixth chapter of livable environment

The seventh chapter to participate in social development

The eighth chapter legal liability
  Nineth chapter by-laws chapter I General provisions

First in order to protect their legitimate rights and interests and development undertakings for the aged, carrying forward the virtue of respecting the old and helping the Chinese nation, according to the Constitution, this law is enacted.

Referred to in article II of this law refers to the citizens over 60 years old in the elderly.

State shall protect the rights of older persons are legally entitled.

Older people have a right to material assistance from the State and society, have the right to access to social services and social benefits, have the right to participate in social development and share the fruits of development.

Prohibition of discrimination, insult, abuse, or abandonment of the elderly.

Fourth positive response to population ageing is a long-term strategic task of the State.

National and Community measures should be taken, sound and ensure the interests of the system, gradually to improve the protection of life, health, safety and the conditions for participation in social development, achieving a sense of old medical and sense of worthiness, laoyousuoxue, happy.

Fifth State establishing a multi-level social security system, and gradually improve the level of protection for the elderly.

Countries to establish and perfect home-base, relying on community, agencies for the support of social services system.

Advocate preferential treatment of older persons of the whole society.

Sixth undertakings for the aged people's Governments at various levels shall be incorporated into the national economic and social development planning, aging funding included in budget, establishing a stable funding mechanism, and encourage various sectors of the community input, aging and coordinated economic, social development. Developing national undertakings for the aged under the State Council development plan.

Local people's Governments at or above the county level based on the national development plan on ageing, ageing-career development plan and annual plans of their respective administrative areas.

Work of the people's Governments above the county level are responsible for ageing bodies, is responsible for organizing, coordinating, directing, and urge the departments concerned to do a good job protection of rights and interests of the elderly.

Seventh safeguard their legitimate rights and interests is the common responsibility of the whole society.

State organs, public organizations, enterprises, institutions and other organizations shall, in accordance with their respective mandates, protection of rights and interests of the elderly.

The grassroots organizations and organizations established according to law should reflect the requirements of older persons, safeguard their legitimate rights and interests, services for the elderly.

Promotes, encourages an obligation to the elderly services.

Article eighth aging education about the State of the country, strengthen the consciousness of society as a positive response to an aging population.

The whole society should be carried out respecting and supporting and helping them extensive publicity and education activities, establish respect, concern, help the aged society.

Youth organizations, schools and kindergartens should be on young people and children by respecting and supporting and helping them moral education and safeguarding their legitimate rights and interests of legal education.

Broadcasting, film, television, newspapers, networks should reflect the lives of older persons, safeguard their legitimate rights and interests of publicity, services for the elderly.

Nineth State supports aging research, establish a survey and release system.

Tenth people's Governments and relevant departments at all levels to safeguard their legitimate rights and interests and respecting and supporting and helping outstanding organizations, families or individuals, to highlight the contribution of the elderly to participate in social development, in accordance with the relevant provisions of the State to recognize or reward.

11th the elderly should obey the law, fulfil the obligations prescribed by law.

12th nine lunar new year in early September for older sections.
  Chapter II family support and maintenance

13th old-age pension is based on home, family members shall respect, concern and care for the elderly.

Article 14th dependants shall perform for the elderly financially dependent, the obligations of care and spiritual comfort of life, take care of the special needs of the elderly.

Maintenance refers to older children as well as the other person who is legally responsible for maintenance.

Dependent spouses should assist the maintenance people to perform their duty.

15th maintenance should the disease receive timely treatment and care of the elderly; for the economic difficulties of the elderly should be provided with medical expenses.

Unable to take care of the elderly, dependants shall bear the caring responsibilities; not personal care, in accordance with the wishes of the elderly or old-age care institutions is entrusted to care for.

16th dependants should be properly arranged housing for the elderly, housing for poor condition may be forcing the elderly to live in or for any change.

Own or rent housing for older persons, children or other relatives may seize, without changing the property rights or lease.

Own housing for older persons, supporting the people have the obligation to repair.

17th support to people who are farming or entrust the cultivation of old people contracting field, charge or commissions the care of the elderly, such as trees and livestock, benefit all older persons.

18th members of the family should care for the spiritual needs of the elderly, not ignored, left out the elderly.

With elderly family members living apart, and should often visit or greeting the elderly.

An employing unit shall, in accordance with the relevant provisions of the State guarantee the rights of dependent relatives leave.

19th support people are allowed to give up the right of inheritance or other reasons, refuse to perform their duty.

Provider fail to perform their obligations, older people have a right to demand maintenance from the maintenance man.

Provider shall not be required to assume you cannot work in the elderly. 20th as the elderly agree that people can perform their duty of maintenance agreements.

Content maintenance agreement shall not violate the provisions of the law and the wishes of the elderly.

Grassroots organizations, organizations of older persons or dependent units monitor implementation of the agreement. Article 21st of marriage freedoms protected by law.

Inviolability of children or other relatives aged divorce, remarriage and life after marriage.

Maintenance of the maintenance obligation does not change from that of marriage and elimination.

Article 22nd of older persons to personal property, lawfully possess, utilize, profit from and dispose of the right to inviolability of children or other relatives, not to steal, swindle, forcibly raising violate the property rights of the elderly. Inheritance of the elderly parents, spouses, children or other relatives right of heritage, has the right to grant.

Children or other relatives may seize, snatch, transfer, hiding or damaging property should be inherited or received as gifts by the elderly.

Older people to dispose of property in a will, it shall be reserved for elderly spouses need to share.

Article 23rd seniors and spouses have the obligation to support each other.

Composed of brothers, sisters, brother and sister in adulthood, affordable, no maintenance on the old man's brother and sister were in a position of obligation.

24th dependants and the dependants do not perform the obligation of maintenance, support, grassroots organizations, organizations of older persons or dependent, dependency unit should supervise its implementation.

25th against family violence against older people. Article 26th have full civil capacity of older persons, can his close relatives or other close individuals, organizations, willing to bear the responsibility of guardianship in the consultations to determine their guardian.

Guardian in the elderly when lost or partially lost his capacity for civil conduct, he shall bear the responsibility of guardianship.

Older persons without prior definition of the guardian, when it is totally or partially incapacitated, shall be determined in accordance with relevant laws of guardians.

27th State shall establish family support policies and encourage family members to live with older people or the nearest living for older persons provided with your spouse or dependent migration conditions, provide help for family members caring for the elderly.
  Chapter III of the social security

28th State adopted the basic old-age insurance system, guarantee the basic living of the elderly. 29th State by the basic medical insurance system, guarantee the basic medical needs of the elderly.

Enjoy the lowest living guarantee seniors and older persons in low-income families eligible to participate in the new rural cooperative medical and personal contributions required for basic medical insurance for urban residents, subsidized by the Government.

Relevant departments of medical insurance schemes should give care to the elderly.

30th State to gradually carry out long-term care support work, and ensure the care they need.

Elderly people living alone for a long time, economic difficulties, local people's Governments at all levels should be based on the degree of disability care allowance.

31st State to the economic difficulties of the elderly to basic life, medical care, housing or other aid.

Older persons without work, without sources, without dependants and dependants, or their dependants and dependants really unable to support or support capacity, supported by local people's Governments at all levels in accordance with the relevant regulations or aid.

Such as begging and abandoned with no seniors, given relief by local people's Governments at all levels in accordance with the regulations.

Article 32nd local people's Governments at various levels in the implementation of low-rent housing, public rental housing or housing security system when carrying out reconstruction of shabby housing, should give priority to eligible elderly people.

33rd State shall establish and improve the system of old-age benefits, in accordance with economic and social development levels and the actual needs of the elderly, increasing social welfare for the elderly.

State encourages established more than 80 low-income seniors old age allowance system.

Countries in developing and improving family planning support system of the elderly.

Collectively-owned part of the rural non-contract land, forests, waters, beaches and other areas as a base for retirement, benefits for old-age pension.
Article 34th elderly enjoy pension, medical treatment and other benefits should be guaranteed, the Agency must be paid in full and on time, shall not be deducted, arrears or misappropriation.

According to the economic development of the country, as well as workers ' average wage growth, rising prices, and so on, raise the level of old-age security in due course.

35th State encourages charitable organizations, as well as other organizations and individuals to provide material assistance.

Article 36th and collective economic organizations of older persons, the grassroots organizations, institutions and other organizations or individuals to enter into a legacy maintenance agreement or other support agreement.

Organizations or individuals is liable to support according to the legacy maintenance agreement, undertake the obligations of older people having died and was buried, enjoys the right to legacy.
  The fourth chapter community service

37th local people's Governments and relevant departments at all levels should take measures to urban and rural community development service, encourage and support professional services organizations and other organizations and individuals, for the home life of the elderly, emergency rescue, medical care, psychiatric, counseling and other forms of service.

For the economic difficulties of the elderly, local people's Governments at various levels shall gradually give social service subsidies.

Article 38th local people's Governments and relevant departments at all levels, grassroots organizations, old-age service facilities should be integrated into community facilities construction in urban and rural planning, establishment of services adapted to the needs of older people lives, cultural and sports activities, day care, care and rehabilitation facilities and services such as network, providing services for the elderly.

Carry forward the tradition of neighbourhood, promote neighborhood concern, help the aged. Encourage charities, volunteer services for the elderly.

Advocacy assistance services for the elderly.

39th people's Governments at various levels shall, in accordance with the level of economic development and the demand for elderly services, gradually increase input into the service.

People's Governments and relevant departments at all levels in the financial, tax, land, finance and take measures to encourage and support enterprises, institutions, social organizations and individuals to set up, operation and endowment, day care, elderly facilities such as cultural and sports activities for the elderly.

40th local governments at all levels and relevant departments shall, in accordance with the proportion of the elderly population and distribution of old-age service facilities in urban and rural planning and land-use planning, and manpower needed to arrange construction of old-age service facilities and supplies.

Land for non-profit social service facilities, it may use State-owned land or collectively owned by peasants land.

Old-age service facilities, by a legal process shall not be changed.

41st Government to invest in old-age care institutions should give priority to safeguard the economic hardships of the widows, disability, old age and other service needs of older persons.

42nd State Council departments concerned old-age service facilities, service quality and service occupational standards, establish and perfect evaluation system of classified management of old-age care institutions and pension service.

People's Governments at various levels shall service charge items and standards, strengthen supervision and management.

Article 43rd pension institutions, shall comply with the following conditions:

(A) has its own name, domicile and articles of Association;

(B) content and to adapt to the size of the funds and services;

(C) in accordance with the relevant qualifications in management, professional and technical personnel and service personnel;

(D) basic living accommodation, facilities and venues;

(V) other conditions stipulated by laws and regulations.

44th pension institutions established under article shall apply to the civil affairs departments above the county level people's Government administrative permission; licensed, registered according to the corresponding registration.

Civil affairs departments above the county level people's Government is responsible for the direction, supervision and management of pension institutions and other relevant departments in accordance with the duties imposed on old-age care institutions supervised. Article 45th pension institution for amendment or termination shall make proper rehousing elderly people admitted, and in accordance with the provisions of the relevant departments for handling.

Relevant departments should provide assistance for old-age care institutions properly rehoused aged.

46th State to establish a sound retirement service personnel training, use, evaluation and incentive system, standardize, promote rational growth of employee remuneration, development full-time, part-time and volunteer pension services team.

State encourages institutions of higher learning and secondary vocational schools and vocational training institutions or professional training program, train social service professionals.

47th pension agencies should work with the service of the elderly or their agents enter into service agreements specify the rights and obligations of both parties.

Pension institutions and their staff shall not in any way infringe the rights of older persons.

48th State encourages the pension agency liability insurance, encourage insurance liability insurance. 49th levels of people's Governments and relevant departments should the inclusion of medical and health services for the aged and rural medical and health service planning, health management of basic public health services and disease prevention into national projects.

Encouraging health, care, hospice care, services for the elderly.

National specialist or clinic to encourage health care organizations for the elderly.

Medical and health institutions shall carry out the health services and disease prevention and control work.

50th State to take measures to strengthen research and personnel training in geriatric medicine, raise the level of diseases prevention, treatment, research, and promote the early detection, diagnosis and treatment of elderly patients.

State and society to take measures to carry out various forms of health education, popularize the knowledge of elderly health care, enhance the consciousness of self-health care of older persons. 51st state to take measures, developing aging industry, aging industries included in the national list of supporting industries.

Support and guide enterprises to development, production, management adapted to the needs of older people and the provision of related services.
  Fifth chapter social privileges

52nd people's Government above the county level and their departments in accordance with economic and social development and the special needs of the elderly, formulate measures for its preferential treatment of older persons, and gradually raise the privilege level.

Resident in the administrative area outside in the elderly with the same preferential treatment.

53rd people's Governments and relevant departments at all levels should be for older people, facilitate pensioners, settlement costs and other materials to help create the necessary conditions.

54th levels of people's Governments and relevant departments to handle the housing ownership changes, migration and other major matters involving the interests of the elderly, handle matters for the elderly should be the true intention of asking, and priorities.

55th because of their legitimate rights and interests of the elderly against a lawsuit to pay litigation costs is difficult, you can postpone, reduce or exempt needs access to lawyers, but unable to pay the fees of lawyers, legal aid can be obtained.

Encourages law firms, notary's Office, legal services and other legal services agencies provide free or preferential services for the elderly in financial difficulty. 56th medical organizations shall provide convenience for hospitalizing, hospitalizing priority.

Where there are conditions, can be set up for the elderly home care, technology, nursing, rehabilitation, medical and other services for free.

Advocates for the elderly free clinic.

57th promote service industries closely related to old people's daily life priority, preferential services for the elderly.

Urban public transport, road, rail, waterway and air passenger transport should provide treatment and care for the elderly.

Article 58th Museum, Art Museum, Science Museum, Memorial, public libraries, cultural centers, theaters, stadiums, parks, tourist attractions and other places should be free or preferential opening of the elderly.

Article 59th of rural older persons does not undertake to set up public welfare to raise labor obligations.
  Sixth chapter of livable environment

60th State to take measures to promote livable environment, to provide safe, convenient and comfortable environment.

61st when Governments at all levels in the development of urban and rural planning should be based on the trend of the aging of the population, characteristics of the distribution of the elderly population and the elderly, overall consideration for the elderly in public infrastructure, facilities, health care facilities, cultural and sports facilities.

62nd countries enacting and perfecting engineering construction standard system for older persons, in the planning, design, construction, supervision, inspection, operation, maintenance, management and other areas to strengthen implementation and monitoring of standards. 63rd national development of barrier-free facilities construction standards.

Construction, reconstruction and expansion of roads, buildings, residential areas, public transport facilities, shall conform to the national standards for barrier-free facilities construction.

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

Barrier-free facilities owners and administrators shall insure the barrier-free facilities for normal use.

64th country to promote older building livable communities, leading, in support of the development of livable housing, to promote and support the transformation of the old family of barrier-free facilities, creating a barrier-free living environment for the elderly.
  The seventh chapter to participate in social development

65th State and society should pay attention to, cherishing old knowledge, skills, experience, and good moral character, playing an older people's expertise and role, and ensure participation in economic, political, cultural and social life.

66th elderly by organizations of older persons, develop wholesome activities.

67th to make laws, regulations, rules and public policies, involving major issues and interests of the elderly, should hear the views of older persons and older persons.

Older persons presented to the national authorities and organizations of older persons are entitled to the elderly rights, ageing such as career development advice and recommendations. 68th State shall create conditions for the participation of older persons in social development.

According to social needs and possibilities to encourage older persons in the case of free will and capacity, engaged in the following activities:

(A) on young people and children in socialism and patriotism, collectivism and the fine tradition of arduous struggle for education;

(B) imparting cultural and scientific knowledge;

(C) the provision of advisory services;

(D) shall participate in the development and application of science and technology;

(E) to engage in business and production activities;

(Vi) participation in voluntary service, the establishment of social welfare;

(VII) participation in maintaining law and order, to assist the mediation of civil disputes;

(VIII) participation in other social activities.

69th participate in the work of the legal income of the elderly are protected by law.

No unit and individual shall arrange endangers the physical or mental health of the elderly labor or dangerous work.

70th seniors have the right to continue their education.

Senior education in national development, education in lifelong education system in elderly and encourage the community to do all kinds of old school.
Senior education people's Governments at all levels should strengthen leadership, planning, and increase investment.

71st national and Community measures, carried out mass cultural, sports and recreational activities for the elderly, enrich the spiritual and cultural life of the elderly.
  The eighth chapter legal liability

72nd infringement of the legitimate rights and interests of the elderly, a victim or their agents have the right to request the departments concerned to deal with, or initiate litigation to the people's Court according to law.

People's courts and the relevant departments, appeals, complaints and accusations of violations of their legitimate rights and interests, they shall be accepted, without prevarication and the delay.

73rd article does not discharge the responsibilities of protecting the legitimate rights and interests of the elderly departments or organizations, the competent authorities should be given education, correction.

State law negligence, cause damage to their legitimate rights and interests, law by his entity or his upper level organs shall be ordered to correct, or shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

74th seniors and family members for support, support, or housing, property disputes, may apply to the people's Mediation Committee mediation or other relevant organizations, and also directly bring a suit before.

People's mediation committees or other relevant organizations to mediate disputes in the previous paragraph, should adopt persuasion, grooming, such as resolving conflicts and disputes on erring family members, criticism should be given.

Court applications for recovery of alimony or maintenance payments for the elderly can be ruled by law enforcement.

75th interference in the freedom of marriage of older persons, for the elderly has the obligation of maintenance, maintenance obligations and refused to support, support, elder abuse, or family violence against older people, by unit for criticism of education; activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

76th family theft, fraud, looting, embezzlement, extortion, intentional damage to property in the elderly, activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

77th insult, slander or the elderly, activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

78th unauthorized establishment of pension institutions, civil affairs departments above the county level people's Governments shall order rectification meets the conditions for old-age care institutions provided for in laws and regulations and go through the relevant procedures in accordance with law who fails does not meet statutory requirements, ordered to close and proper arrangements for elderly people admitted to causing damage, he shall bear civil liability.

79th pension institutions and their staff against personal and property rights and interests of the elderly, or failing to provide services in accordance with the contract, he shall bear civil liability; competent authorities shall be given administrative punishments constitute a crime, criminal responsibility shall be investigated according to law.

80th on old-age care institutions responsible for management and oversight responsibilities of the departments and their personnel who abuse their powers, neglect their duties or engages, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

81st article does not perform the obligation of preferential treatment of older persons as required, by the competent authority shall order rectification.

82nd project involving the elderly does not meet the requirements of the national standard or barrier-free facility owners, managers, not to do maintenance and management responsibilities, by the relevant competent authority shall order rectification for damage caused, he shall bear civil liability; relevant units and individuals shall be given administrative punishments constitute a crime, criminal responsibility shall be investigated according to law.
  Nineth chapter by-laws

83rd congresses of national autonomous areas, based on the principles of this law, combined with the local ethnic customs and circumstances, in accordance with legal procedures to develop adaptive or supplementary provisions. 84th pension institutions established before the implementation of this law do not meet the conditions specified in this law shall be rectification.

Specific measures shall be formulated by the Civil Affairs Department under the State Council. 85th article this law shall enter into force on July 1, 2013.

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