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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

Article 1, in order to guarantee the legitimate rights and interests of the elderly, develop the cause of the elderly, promote the life of the Chinese people, breadth, old-aged and old-aged Americans, promotes the advancement of social civilization, in accordance with the laws, regulations and regulations such as the People's Republic of China Act on the Protection of the Rights of Older Persons, the Regulations on the Protection of the Rights of Older Persons in the Province of Broaden and the practical development of this approach.

Article 2

This approach refers to older persons who are above 60 years of age.

Article 3. The rights and interests of the elderly are protected by law and no unit or individual shall be violated.

Older persons have the right to receive material assistance from States and societies, enjoy the right to social services and social excellence, and have the right to participate in social development and to share development results.

Prohibition of discrimination, stigma, abuse and abandonment of the elderly.

To encourage, support and guarantee the legitimate rights and interests of the elderly in accordance with the law.

Article IV guarantees the legitimate rights and interests of older persons to follow the principles of government ownership, social participation and care for all.

Article 5

The Governments of municipalities and districts, districts and counties (markets) should integrate the elderly into national economic and social development planning, develop development planning and annual plans for the elderly in the current administrative region and include the financing budget.

In the form of a public good pay for the benefit of the colour, sports and the public good, it should be based on a proportion of inputs for the elderly.

Social forces are encouraged to participate in the donation, financing and hosting of the elderly; and encourage obligations to serve the elderly.

Article 6. Municipal and district, district (market) people's governments, social groups, business units and other organizations should be guaranteed by law for the rights and interests of older persons.

The municipal and district, district (community) old-age agencies are responsible for organizing, coordinating, mentoring and promoting the protection of the rights and interests of the elderly.

The Government of the commune (communes) and the street offices should identify persons responsible for the protection of the rights and interests of older persons within the jurisdiction.

At the grass-roots level, self-government organizations and organizations of older persons established under the law should reflect the requirement of older persons, organize activities that are useful for the physical and mental health of the elderly, resolve disputes concerning the rights and interests of the elderly and serve the elderly.

Article 7 strengthens the education of the national context for population ageing, undertakes educational activities that cater for, feed and support older scientific research, build up statistical surveys and launch systems for older persons, and strengthens society-wide awareness of population ageing.

Youth organizations, schools, kindergartens and families should pay tribute to young people and children for the education of the rule of law that helps them to enjoy their legitimate rights and interests.

Broadcasts, television, newspapers and networks should reflect the lives of older persons and promote laws, regulations and standards that guarantee the legitimate rights and interests of older persons, foster old age and help.

National organs, social groups, entrepreneurship units, grass-roots self-government organizations and other organizations are encouraged to establish sound personal and personal integrity files.

Article 8 Older persons are recognized or rewarded in accordance with the relevant provisions for the maintenance of the legitimate rights and responsibilities of older persons, for the elderly, for the elderly, for the elderly, for the elderly, for the elderly, for the benefit of the well-being of their families or individuals, as well as for the elderly, who participate in the prominent contribution to social development.

Article 9.

Chapter II

Article 10. The child of the elderly, the dependent child, the dependent child and the rest of the child, as well as other persons legally responsible for the maintenance of the obligation.

The supporter should fulfil its obligation to provide support, living care and mental comfort to the elderly; the spouses of the dependants and other family members should support and assist the maintenance of the maintenance obligation.

For older persons who live cannot be self-sustained, the responsibility for care care is vested by the dependants; care cannot be cared for personally, and care can be given to others or to the old institutions, in accordance with the wishes of the elderly.

Article 11. Family members should be interested in the spiritual needs of the elderly and must not lose sight and desperate the elderly.

The family members who live separately from the elderly should be regularly watchd or asked about the elderly.

The owner's unit should guarantee the right to leave for the dependants in accordance with the relevant provisions.

Article 12. Older persons' income to individuals and other property have the right to take possession, use, benefit and disposal in accordance with the law.

Older persons have the right to inherit their parents, spouses, children or other family inheritance under the law and have the right to receive grants.

Adult children with independent living capacity require financial support from the elderly, and the elderly may refuse.

Article 13, with the consent of the elderly, may enter into a maintenance agreement on the fulfilment of the maintenance obligation between the dependent person or between the dependent person and the elderly; without a maintenance agreement, the supporter may make a written commitment to the elderly on the content of the maintenance standards, the means of maintenance. The content of the maintenance agreement shall not be in violation of the provisions of the law, regulations and the wishes of the elderly.

It was encouraged to conduct free orders for the maintenance and maintenance of the elderly.

Article 14. Children and other relatives shall respect the right to freedom of marriage of the elderly and shall not interfere with the life of the elderly after divorce, remaritalization and marriage.

The maintenance obligation of the dependent person is not eliminated by changes in marriage relations between the elderly.

The dependants and other relatives shall not be allowed to detain the relevant documents of the elderly on the basis of changes in the relationship between the elderly, to account for, divide the property of the elderly or to limit the possession, use, proceeds and disposition of the elderly.

The elderly are encouraged to make public evidence of pre-marital property.

Article 15. The obligation of older persons to be mutually dependent with their spouses. When a party fails to comply with its obligation of dependency, one of the dependent parties has the right to require the payment of dependency payments.

After brothers, sisters and sisters, there is a burden on the obligation to maintain their brothers and sisters. When brothers, sisters do not meet their dependency obligations, they require the right to pay their dependency.

Article 16 Older persons are self-ownership or rented homes, and children or other relatives may not be expropriated, nor shall they change their property or lease relations.

Maintenance obligations for older persons to have their homes.

Older persons, together with their children or other relatives, have made purchases, construction of homes or shared housing in the form of transfer, collection, alteration, etc.

Children or other relatives use the elderly' homes and agree that they should be returned in a timely manner; there is no agreed time frame for their use and the right of older persons to ask for restitution.

Chapter III Social security

Article 17 states and territories, counties (markets) Governments should increase the level of social security and social services enjoyed by older persons, in accordance with economic and social development, per capita income growth, price levels and the actual needs of older persons.

Article 18

The user units are encouraged to supplement old-age insurance for workers.

Article 19 The establishment and improvement of the health insurance system.

The user units are encouraged to supplement health insurance for workers.

Individual contributions required for the basic health insurance for the elderly and the eligible low-income families who enjoy the minimum living guarantees are paid by the Government.

Article 20 provides basic life, medical care, residence or other assistance to older persons in economic hardship.

The Government of the city and district, district (urban) is provided with support or assistance in accordance with the relevant provisions.

Article 21 Medical, first-agent institutions should receive and rescue elderly patients in a timely manner, without denying treatment; medical ambulances equipped by emergency agencies should be tailored to the needs of older patients to move and escort.

The establishment and improvement of the health care mechanisms for the elderly. Conditions of medical institutions can carry out services such as access to medical care, health, care, rehabilitation and care, and family beds for the elderly.

The relevant departments should organize health institutions free of charge for older persons aged 65 years or over of the territory, and conduct free medical examinations and health guidance each year and establish health files.

Article 2 establishes a system of high-age benefits adapted to the level of economic and social development in the city.

Article 23 encourages charitable organizations and other organizations and individuals to provide material assistance to the elderly.

Chapter IV Social services

Article 24 Governments of municipalities and districts, districts and counties (communes) should develop infrastructure planning for basic old-age services systems, integrate the construction of old-age services facilities into urban and rural planning, strengthen the construction of old-age services facilities, develop policies that guide and support the development of old-age services, and promote the development of the elderly service industry.

Article 25 Governments and relevant departments should take measures to develop old-age services for rural and urban communities, to guide, promote professional services and other organizations and individuals to provide life care, emergency relief, cultural recreation, medical care, mental comfort, psychological counselling and legal advice to the elderly.

The promotion of solidarity and neighbouring mutual assistance is of concern and helps the elderly with difficulties.

Article 26 builds a well-developed old-age imagination system and an information database for the elderly. To support businesses and institutions in the use of scientific and technological means to innovative home-based service models and to develop e-commerce for older persons.

The twenty-seventh Government invests the old-age institution, which should give priority to the need for services for older persons who have no labour capacity, have no means of living and cannot be determined, dependants, or whose statutory support, are not supported by the dependent obligation, are not provided for care and care services; and priority should be given to safeguarding the services of the economically disadvantaged, widowed, disabled, high-age.

Article twenty-eighth municipalities and districts, districts and territories (communes) Governments have progressively granted old-age benefits to older persons in economic hardship, and for older persons living in long-term cannot be self-sustained and economically difficult, depending on their degree of failure.

Companies and individuals are encouraged to purchase commercial care insurance and accidental injury insurance for older persons.

Article 29 encourages, enabling units, social organizations or individuals to run facilities such as nutrition, inter-personal care, old-age cultural sports activities.

Article 33 Fore-profit institutions build land that can be used in accordance with the law by the State to allocate land or by the collective land of the farmers; the construction of the profit-making body should take place in accordance with the law and give priority to the provision.

Article 31 shall not divide transfers or leases from the construction of old-age services facilities and shall not change use without statutory procedures; self-removal uses are recovered by the relevant authorities in accordance with the law.

The old-age facility, when urban construction needs to be levied by law, has given priority to not less than the construction of landed areas.

In article 32, the civil affairs sector should strengthen monitoring and integrated evaluation of the old-age institutions and make the results public available to the community; and other relevant departments conduct oversight of the elderly in accordance with their responsibilities.

In violation of the legitimate rights and interests of the elderly, any unit and individual have the right to complain or report to the civil affairs department or to other relevant departments.

Article 33 encourages support for the establishment of specialized or training projects at higher institutions, secondary vocational schools and vocational training institutions to develop old-age services and manage professional talents.

The departments concerned should strengthen the training of older service personnel and increase the level of professional ethics and operational technology.

Article 34 encourages and directs responsibilities insurance and public responsibility for the old-age services facility to provide adequate assistance to the insured agencies.

Article XV Governments of municipalities and districts, districts and counties (markets) should take measures to expand the services such as old-age cultural education, sports ethics, leisure tourism, healthy birth and mental comfort, and to promote and direct the development, production, operation of supplies and services that are adapted to the needs of older persons.

Article 36 Municipal and district, district (market) people's governments and relevant departments should provide conditions for the timely, convenient access of older persons to pensions, settlement of medical expenses, relocation of households and other material assistance.

Social insurance agencies should pay pensions on time and in full to the elderly without diversion, chewing or in arrears.

The services sector, such as financial institutions, utilities units, should create a priority window for older persons to facilitate the operation of older persons.

Chapter V Social excellence

Older persons over 70 years of age may apply to the community (in the village) where the resident's identity card is located, for example, for the processing of the Senior Persons Proceeds, and for the elderly over 60 years of age for the application of the Older Persons Act.

The Older Persons Proceeds and the Older Persons Act are issued free of charge by district, district (market) old-age agencies.

Article 338 enjoys the following preferences:

(i) Medical institutions should provide priority services for the elderly on medical treatment. (b) Provide free-of-service facilities such as chairs, chairs, cereals and paper cups for older persons who are not in a position to do so.

Advantages are promoted for the elderly.

(ii) The museums that are not open free of charge (the House), the American Institute of Arts, the Science and Technology, the Memorial, the Metropolitane, the Library, the Cultural Library, the uterine, which includes the worker's cultural office, parks, tourist sites, etc., the elderly over 70 years of age are exempted from purchase orders; and the elderly under the age of 70 years receive half of the price.

(iii) Older persons over 70 years of age have free access to urban public transport instruments such as IC card fees, ground iron, trajectives, and half-times for older persons under 70 years of age.

Promotion of the memory of older persons.

(iv) When the public safety authority conducts resident identification cards for the elderly, the elderly who are not operationally inactive are provided with the facilitation services such as capturing fingerprints, photographs, delivery of evidence.

(v) Older persons should be given priority in the implementation of housing security systems such as public rental housing or in the rehabilitation of homes at risk.

(vi) Other related preferential (reference) services.

Preservation of service places, facilities and windows should be established to make the best known.

Article 39 makes it difficult for the elderly to bring the charges against him or her in violation of their legitimate rights and interests to a lesser extent, detract or dispense; the need for a lawyer to help, but the inability to pay the costs of a lawyer is granted legal assistance.

Legal services such as lawyers' services, the Public Prosecutor's Office, the grass-roots legal service providers are encouraged to provide free or preferential services to older persons who are economically difficult.

Older persons have difficulties in defending their legitimate rights, and their communes (communes), the people's Government, street offices and grass-roots self-government organizations should help.

Chapter VI

Article 40 Governments and relevant sectors of the urban and district, district (community) should promote the development of the elderly-friendly housing environment, the integrated planning of the development of decent living, health, culture, sports, recreational facilities, the improvement of the standards for the construction of old-age services facilities and the provision of safe, facilitated and comfortable living environments for the elderly.

Older communities are encouraged to lead in the development of old-age housing and intergenerational home.

Article 40. Urban roads, vehicle stations, airports, airstrips, commercial sites, residential small areas and other public buildings and places should be constructed in accordance with national standards to facilitate older persons. To promote the rehabilitation of facilities for older homes and to improve public environmental guidance markings.

Facilities that accompany construction should be designed in parallel with new construction, expansion, alteration and construction projects, synchronized construction, synthesize receipts and synchronized delivery.

All persons and administrators of accessibility facilities should protect accessibility facilities, undermine or fail, conduct timely maintenance and ensure the normal use of accessibility facilities.

Article 42 states that public places such as parks, the main streets of the city and the sub-groups of the population should be set up for the rest of the Elder; institutions for the elderly should be accompanied by security in accordance with the relevant provisions.

Fire stations, automotive stations, hidings, passenger stations, airport waiting vehicles (a machine) should have dedicated chairs of the elderly and public transport tools in rural and urban areas should be put in place for the elderly.

Participation in social development

Article 43 should give priority to, valuating the knowledge, skills, experience and good qualities of older persons, and play the expertise and role of older persons and guarantee the participation of older persons in economic, political, cultural and social life.

The sector should establish a pool of professional talents for the elderly and create conditions for the participation of older persons in social development.

Article 44 Governments of municipalities and districts, districts and districts (markets) should incorporate older education into educational development planning and life education systems, rationalize all types of old-age schools and learning points, and encourage the use of radio, television, networking, etc. to develop old-age education.

Article 42 encourages older persons to engage in activities such as good traditional education, the transfer of cultural science and technology knowledge, the maintenance of social security, the mediation of civil disputes, the development of applications for science and technology, advisory services, production and social good.

Article 46 provides legal protection for the legitimate income of the elderly to participate in the work.

The work unit, the supporter and other family members shall not require the elderly to engage in work or dangerous operations that endanger their physical and mental health.

Chapter VIII Legal responsibility

Article 47 does not carry out a department or organization responsible for the protection of the legitimate rights and interests of the elderly, and its superior authorities should give critical education and change.

In violation of this approach, the legal rights and interests of the elderly are compromised by the State's unit or by the superior authority, or by administrative disposition by law, which constitutes an offence and is criminally criminalized by law.

Article 48 is one of the following acts by the supporter, the dependants, who are criticized by their units, grass-roots self-government organizations, superior authorities or other relevant organizations:

(i) Discrimination, stigma, defamation, abuse or abandonment of the elderly;

(ii) To reject the fulfilment of maintenance and maintenance obligations;

(iii) The spouses or other members of the family who depend on the maintenance of the maintenance obligation, interfere with the maintenance of the dependent person, or do not care for the elderly, so that the elderly are deprived of their family support and care;

(iv) Domestic violence against the elderly;

(v) interference with the freedom of marriage of the elderly;

(vi) Violations of the legitimate right to property and residence of the elderly;

(vii) Expropriation, misappropriation, recuperation, preventive safeguards, medical guarantees, family planning incentives, high-age benefits;

(viii) Other legitimate rights and interests of the elderly.

The acts of the former constitute a violation of the management of the security sector, which is punishable by law; constitute a crime and hold criminal responsibility under the law.

Article 49, old-age institutions and their staff violate the personal and property rights of the elderly, or have not been provided in accordance with the agreed provision of services, assume civil responsibility under the law; impose administrative sanctions by the competent authorities in accordance with the law; and hold criminal responsibility under the law.

Article 50 does not meet the obligations of older persons in accordance with the provisions, and is being rectified by the relevant authorities.

Chapter IX

Article 50 of this approach is implemented effective 1 May 2016.