Protection Of Rights And Interests Of The Elderly In Shenyang City Approach

Original Language Title: 沈阳市老年人权益保障办法

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  Chapter I General provisions article in order to safeguard the legitimate rights and interests of the elderly, development of enterprise for elderly population, carry forward the Chinese virtue of respecting and supporting and helping promote social civilization and progress, according to the People's Republic of China protection of rights and interests of the elderly Act, the protection of rights and interests of the elderly in Liaoning province Ordinance and other laws and regulations, combined with the city's actual, these measures are formulated.

Article within the administrative area of the city family support for the elderly and child support, social security, social services, social benefits and livable environment, participation in social development, such as protection of rights and interests, these measures shall apply.

Older people in these measures refers to the citizens over 60 years old.

Article older persons enjoy rights protected by law and no unit or individuals may infringe upon it.

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, abandonment of the elderly.

Encourage, support and ensure the safeguarding their own legitimate rights and interests according to law.

Fourth safeguard the legitimate rights and interests of the elderly to follow Government-led, social participation, principles of universal care.

Fifth article of the city establishment of sound home-based, community based on complementary, institution multi-level old-age service system.

City, district and County (City) Government's undertakings for the aged should be incorporated into the national economic and social development plan, the formulation of the administrative area of ageing-career development plan and annual plans and ageing funds included in the budget.

Lottery, sports lottery-level retention in chest, for undertakings for the aged should be in a certain proportion of investment.

Encourage social forces involved in the donation, funding, initiating the aging encourages obligations to elderly services.

The sixth city, district and County (City) Government, social organizations, enterprises and institutions and other organizations should work well done according to law protection of rights and interests of the elderly.

City, district and County (City) Agency on ageing is responsible for organizing, coordinating, directing, and urge the departments concerned to do a good job protection of rights and interests of the elderly.

The township (town) people, neighborhood offices shall determine the persons responsible for the protection of rights and interests of the elderly within their respective jurisdictions.

The grassroots organization and the legally established organizations of older persons, should reflect the requirements of older people and organize beneficial activities for the physical and mental health, mediate disputes over rights and interests of the elderly, safeguard their legitimate rights and interests, services for the elderly.

Seventh population ageing nation, respecting and supporting the activities and helping to promote education and support scientific research on ageing, and gradually establish a survey and publishing system, strengthen the consciousness of society as a positive response to an aging population.

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

Radio, television, newspapers, the Internet should reflect the life of the elderly, publicity and ensure the legitimate rights and interests of the laws, regulations and respecting and supporting and helping advanced models.

Encourages the State organs, public organizations, enterprises, and grassroots organizations, as well as other organizations establish and improve personal credit file for the elderly. Eighth municipal, district and County (City) protection of rights and interests of the elderly people's Governments shall be included in the economic and social development and contents of the annual appraisal of spiritual civilization construction.

To safeguard their legitimate rights and interests and respecting the old, old achievements of organizations, families or individuals, outstanding contributions to the development and participation in society of older persons, in accordance with the relevant regulations, recognize or reward.

Nineth September respecting a lunar month every year.

Chapter II family support and maintenance the tenth article children of the elderly, child, step-child form dependency relationships and other law officer is liable to support, you should perform their duty.

Provider shall perform for the elderly economic support, life care, spiritual obligations dependent spouses and other family members should support and assist people to perform their duty of maintenance.

Unable to take care of the elderly, borne by the dependent care responsibilities not personally care, in accordance with the wishes of the elderly Commission, or aged care nursing.

11th families should be concerned about 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.

The employer should guarantee the rights of dependent relatives leave in accordance with the relevant provisions.

12th seniors on income and other personal assets, lawfully possess, utilize, profit from and dispose of.

Inheritance of the elderly parents, spouses, children or other relatives right of heritage, has the right to grant.

Has the ability to live independently of adult children requested financial assistance of older persons, older people can be refused. 13th agreed by the elderly, dependent or dependants between and among the elderly, can perform their duty to sign a maintenance agreement without signing a maintenance agreement, provider can support standard, support for energy conservation to make a written commitment to the elderly.

Content maintenance agreement shall not violate laws and regulations and the wishes of the elderly.

Encourage notary free of charge to support agreement, support the elderly notarized.

14th children and other relatives should respect freedom of marriage rights of older persons and shall not interfere with older people divorce, remarriage and their married life.

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

Dependants and other relatives are not allowed on the grounds of old relationships change, commandeering, dividing the old people's property or restricted to possess, utilize, profit from and dispose of the elderly, cannot be detained for older documents.

Advocate for pre-marital property notarization in the elderly. 15th seniors and spouses have the obligation to support each other.

When one side fails to fulfill the obligation, to support party, have the right to require the payment of maintenance fees. 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.

Brother and sister do not fulfill obligations, to support her brothers and sister, has the right to require the payment of maintenance fees.

16th owned or leased housing for older persons, children or other relatives may seize, without changing the title or lease relationships.

Dependent on elderly homeowners have maintenance obligations.

Older people with children or other relatives are pooling, construction of housing or housing after the Exchange, collection, alteration of total, old mutual form of ownership and other rights in accordance with law.

Children or other relatives of elderly housing, expiry of the agreed use shall be returned immediately; no agreed age, older persons have the right to request at any time.

Chapter III of the social security article 17th municipal, district and County (City) people's Government shall, in accordance with economic and social development, per capita income growth, price levels and the actual needs of the elderly and so on, raise the level of access to social security and social services for older persons.

18th article of the city through the basic old-age insurance system, guarantee the basic living of the elderly.

Encourage employers for the supplementary old-age insurance for employees. The 19th article of the city through the basic medical insurance system, guarantee the basic medical needs of the elderly.

Establish and improve the medical insurance system.

Encourage employers apply for supplementary health insurance for employees.

For the enjoyment of minimum living guarantee of 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.

20th of municipal, district and County (City) people's Government for the economic difficulties of the elderly to basic life, medical care, housing or other aid.

Without work, without sources and without legal support, maintenance obligations of, or its statutory maintenance, maintenance obligations, without support, the ability of older people by the municipal, district and County (City) in accordance with relevant regulations of the people's Government support or assistance.

21st medical, first aid and health institutions should be received in a timely manner and treatment in elderly patients, may not refuse treatment equipped medical ambulance emergency bodies should meet the needs of transportation, escorts in elderly patients. Establish and perfect the mechanism for home care of the elderly.

Conditional medical institutions can carry out technology, health care, nursing, rehabilitation, palliative care and other services, for the elderly home care.

Relevant departments of medical institutions should be organized within the free area above 65 years old, an annual free physical examinations and health guidance, setting up health records.

22nd building commensurate with the level of economic and social development in the city's system of old age allowances.

23rd to encourage charitable organizations, as well as other organizations and individuals to provide material assistance.

The fourth chapter, social services, and 24th districts and counties (municipalities) people's Governments shall formulate the basic old-age service system planning, old-age service facilities into urban and rural planning, strengthen the construction of old-age service facilities, guide and support the development of old-age service policy to support elderly service development.

25th of municipal, district and County (City) people's Governments and relevant departments should take measures, development of rural and urban community service to guide and support professional services organization, as well as other organizations and individuals, for in-home elderly care, emergency, entertainment, medical care, psychiatric, counseling, legal advice and other services.

Advocates pairing help, help from neighbours, concern, help the aged. Article 26th establish pension service information database of intelligent systems and the elderly.

Supports companies and institutions use technology means innovative aged care model, developing elderly electronic commerce.

27th Government to invest in pension institutions, should be without work, without sources and without legal support, maintenance obligations of, or its legal support, maintenance obligations without support, the ability of the elderly, free support and care services; give priority to safeguard the economic hardships of widows, disability, old age and other service needs of older persons.

28th, County, and district (town) people's Government for the economic difficulties of the elderly, gradually granting pension services; elderly people living alone for a long time, economic difficulties, according to the degree of disability care allowance.

Encourage units and individuals to purchase older persons business care insurance and accident insurance.

29th 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.

Article 30th non-profit old-age care institutions construction land, it may use State-owned land or collectively owned by peasants land; for-profit institutions paid use of land for construction should be in accordance with the law and procedures, giving priority to security of supply.

31st use of land for construction of old-age service facilities shall not partition assignment or sublease without due process shall not be changed; unauthorized change of use, the relevant Department shall recover the right to use construction land.

When old-age service facilities for urban construction law, giving priority to construction of many of the original land area of land.

32nd district departments should strengthen the supervision of the pension check and evaluate and publicize the results, other relevant departments in accordance with the duties imposed on old-age care institutions supervision.

Violations violations of their legitimate rights and interests of pension institutions, no unit or individual shall have the right to the Home Department or other relevant departments complaints or reports.

33rd to encourage support for institutions of higher learning and secondary vocational schools and vocational training institutions or professional training programs, training services and management professionals.

Relevant departments should strengthen the on-the-job training of service personnel, improve professional ethics and business skills.

34th to encourage and guide the pension agency liability insurance, public liability insurance and old-age service facilities, give appropriate subsidies to insure pension institutions.

35th of municipal, district and County (City) people's Governments shall take measures, expanding senior cultural education, sports, leisure, health, psychiatric and other services, support and guide enterprises to research and development, production, management adapted to the needs of older people and the provision of related services.

36th city, district and County (City) people's Governments and relevant departments should provide timely and convenient manner in the elderly pensioner medical expenses, settlement, migration and other material assistance provided.

Social insurance agencies shall be in full and on time, to pay pensions to the elderly, shall not be diverted, deducted or arrears.

Financial institutions, utilities and other service industries should set the elderly priority Windows, facilitating business for the elderly.

Fifth chapter social privilege 37th 70 years of age or older to present the identity card to the community of residence (village) apply for the elderly card; 60 years of age or older to apply the old old certificate.

The card in the elderly and the elderly elderly certificate by district and County (City) free-agency on ageing. Article 38th of older persons enjoy the following benefits (benefits): (a) medical institutions shall provide prior and preferential medical services for the elderly.

General outpatient registration fees waived; treated in outpatient service Hall on the mobility of the elderly free stretchers, carts, wheelchairs, water, paper cups and other navigation services facilities.

Advocates for the elderly free clinic.

(B) the museums that are not free (House), Art Museum, Science Museum, Hall of Fame, celebrity residences, libraries, cultural centers (station, Palace, workers houses), parks, tourist attractions and other places, people over 70 years of age from buying tickets; aged under 70 years of age and enjoy half price.

(C) people over 70 years of age free implementation of IC card charging the bus, Metro, tram and other public transport; aged under 70 years of age and enjoy half price.

Advocate travel peak of the elderly.

(D) public security organ for the elderly when handling the identity cards, to older people with reduced mobility, to provide on-site facilitation services such as fingerprints, photograph, send cards.

(E) in the implementation of public housing and other housing security system or when carrying out reconstruction of shabby housing, priority should be given to care for the elderly.

(F) other relevant preferences (preferences).

Treatment services should set privileges, facilities and Windows logo, announced preferential treatment.

39th 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.

To encourage law firms, notaries, grass-roots legal services legal services for the elderly in financial difficulty, such as free or preferential services.

Safeguard lawful rights and interests of the elderly have difficulties, Township (town) people, neighborhood offices and grassroots organizations should help.

The sixth chapter of livable environment, and 40th districts and counties (municipalities) people's Governments and relevant departments should promote elderly livable environment, integrated and appropriate planning of life, health, culture, sports, entertainment facilities, improve standards of old-age service facilities for the elderly provide a safe, convenient and comfortable living environment.

Encourage older livable community-building to guide development of livable housing and intergenerational family housing. 41st city roads, railway stations, airports, bus stations, shopping malls, residential and public buildings and other sites, should be in accordance with the standards prescribed by the State building barrier-free facilities, convenient for elderly.

Promoting barrier-free reconstructions of old housing, improving public environmental guidelines on labelling.

Supporting the construction of barrier-free facilities should be built, expanded, reconstruction of the project design, synchronization of construction and synchronization, synchronization check delivery.

Barrier-free facilities owners and administrators shall protect the barrier-free facilities, there is damage to or failure of timely maintenance, ensure that the normal use of barrier-free facilities.

42nd, residential Park, main street and other public places, you should set up the elderly rest seats; old-age care institutions, places for elderly activities shall be in accordance with the relevant provisions of security AIDS.

Train station, bus stop, Metro station, bus station, airport shuttle bus (machine) should set up special seats for elderly, rural and urban public transport should set the old seats.

Seventh chapter to participate in social development article 43rd the whole 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.

Relevant departments shall establish a professional talent pool, create the conditions for the participation of older persons in community development.

44th of municipal, district and County (City) people aged education should be incorporated into development planning and life-long education system, the rational allocation of all kinds of old schools and learning, encouraging the use of radio, television, the Internet and other forms of development education for the aged.

Article 45th encourage older persons to lawfully engaged in the fine tradition of education, teach culture of scientific and technological knowledge, maintaining social order, mediating disputes, development and application of science and technology, consulting services, production management, social welfare and other activities.

Article 46th participate in the work of the legal income of the elderly are protected by law.

Employers, maintenance and other members of the family shall not demand endangers the physical or mental health of the elderly labor or dangerous work.

47th eighth chapter legal liability section shall discharge the responsibilities of protecting the legitimate rights and interests of the elderly departments or organizations, the competent authorities should be given education, correction.

National staff in violation of these regulations, 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 administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

48th article maintenance people, and helped dependants has following behavior one of of, by its where units, and grass-roots mass autonomy organization, and superior competent sector or other about organization give criticism education, ordered corrected: (a) discrimination, and insult, and defamation, and abuse or abandoned elderly of; (ii) refused to perform maintenance, and dependency obligations of; (three) maintenance people of spouse or family other members block, and interference maintenance people perform maintenance obligations, or not care, and not care elderly, makes elderly have not to family dependent and care of;

(D) the domestic violence of older persons; (e) interference in the freedom of marriage of older persons; (vi) against legal property rights of older persons and the right of residence; (VII) embezzlement, misappropriation, false, false claim old-age security, health care, funding for family planning award, the old age allowance, (VIII) against other legitimate rights and interests of the elderly.

Activities contravening public security management in the preceding paragraph, they shall be given administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

49th 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.

50th failing to perform the obligation of preferential treatment of older persons, the competent authority shall order correction. Nineth chapter supplementary articles article 51st these measures shall take effect on May 1, 2016.