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| Category | PROTECTION OF CITIZENS' RIGHTS AND INTERESTS | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-08-29 | Effective Date | 1996-10-01 |
|
Law of the People's Republic of China on the Protection of Rights and Interests of the Aged |
|---|
Chapter I General Provisions
Chapter II Maintenance and Support by the Family
Chapter III Safeguarding by the Society
Chapter IV Participation in Social Development
Chapter V Legal Liability
Chapter VI Supplementary Provisions Article 1 This Law is enacted in accordance with the Constitution for the Article 2 The aged mentioned in this Law refer to citizens over the age Article 3 The state and society should take measures to perfect the Article 4 The state protects the statutory rights and interests enjoyed The aged have the right to material assistance from the state and society Discrimination against, insult of, maltreatment of or desertion of the Article 5 People's governments at various levels should incorporate the The State Council and the people's governments of provinces, autonomous Article 6 The protection of lawful rights and interests of the aged is a State organs, public organizations, enterprises and institutions should, Residents committees, villagers committees and other organizations Article 7 The whole society should widely launch a publicity campaign for Youth organizations, schools and kindergartens should educate youths and Voluntary service for the aged shall be advocated. Article 8 People's governments at various levels shall give commendations Article 9 The aged should observe laws and disciplines and should perform Article 10 Families are the chief support for the aged to live their Article 11 A supporter should perform the duty to pay the aged person A supporter refers to a child of the aged person or a person having the The spouse of a supporter should assist him in performing the duty to Article 12 A supporter should provide medical expenses and nursing Article 13 A supporter should provide proper accommodation for the aged Children and other relatives of an aged person shall not seize the house A supporter has the duty to maintain the house possessed by the aged Article 14 A supporter has the duty to cultivate farmland contracted for Article 15 A supporter shall not refuse to perform his duty to support If a supporter fails to perform his duty, the aged person has the right to A supporter shall not require the aged person to do physical labour beyond Article 16 The aged and their spouses have the duty to maintain each Younger brothers or sisters who are brought up by their elder brothers or Article 17 Supporters may, with the consent of the aged person, sign an Article 18 The freedom of marriage of the aged shall be protected by law. The duties of a supporter shall not terminate with the change of the Article 19 The aged have the right to dispose of their own property The aged have the right to inherit property from their parents, spouses, Article 20 The state establishes an old-age insurance system to safeguard Article 21 Pensions and other treatment enjoyed by the aged according to The state increases pensions on the basis of economic development, living Article 22 In addition to an old-age insurance system suitable for actual Article 23 For the aged in cities and towns who are unable to work and For the aged in rural areas who are unable to work and have no financial Article 24 Citizens or organizations are encouraged to sign support Article 25 The state establishes the medical insurance systems in various Departments concerned should give special consideration to the aged in Medical treatment enjoyed by the aged according to law shall be guaranteed. Article 26 If an aged person and his supporter are really unable to pay Article 27 Medical institutions should provide conveniences for the aged Free medical care for the aged is advocated. Article 28 The state takes measures to ensure geriatric research and Hygienic education shall be given in various forms in order to popularize Article 29 An organization to which an aged person belongs should, in the Article 30 The construction and reconstruction of public facilities, Article 31 The aged have the right to continue education. The state develops education for the aged and encourages social forces to People's governments at various levels should step up leadership on Article 32 The state and society take measures to launch mass activities Article 33 The state encourages and helps social organizations and Local people's governments at various levels should, in the light of Article 34 People's governments at various levels should guide Article 35 Community service shall be developed in order to establish By carrying forward the tradition of mutual aid, the neighbourhood is Social volunteers are encouraged and supported to serve the aged. Article 36 Local people's governments at various levels may, in the light Article 37 The aged in rural areas need not do obligatory labour and Article 38 Broadcasting, films, televisions and periodicals should serve Article 39 The aged who have real difficulties in paying litigation costs Article 40 The state and society should value knowledge and skills of the Article 41 The state should create conditions for the aged to participate (1) educating youths and children in socialism, patriotism and (2) teaching knowledge of culture and science and technology; (3) providing consultancy service; (4) engaging in scientific and technological development and application (5) engaging in business operations and production according to law; (6) establishing public welfare institutions; (7) helping maintain public order and mediate civil disputes; and (8) engaging in other social activities. Article 42 Income earned lawfully through labour by the aged shall be Article 43 Where the lawful rights and interests of an aged person are The people's court and the competent authorities shall promptly dispose of Article 44 Departments or organizations failing to perform the duty to Where state functionaries neglect their duties, in violation of law, and Article 45 Where an aged person involves in disputes with his family When the disputes mentioned in the preceding paragraph are dealt with by The people's court may order advance execution of cases involving the Article 46 Whoever, by violence or other means, publicly insults an aged Article 47 Whoever forcibly interferes with the freedom of marriage of an Article 48 Where a family member steals, swindles, forcibly seizes, Article 49 The people's congresses of national autonomous areas may Article 50 This Law comes into force on August 1, 1996.
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Chapter I General Provisions
purpose of protecting the lawful rights and interests of the aged, developing
the undertakings for them and carrying forward the virtue of the Chinese
nation with respect to respecting and supporting the aged.
of sixty.
social security system for the aged and gradually improve the conditions of
ensuring their lives and health and their participation in social development
in order to provide the aged with living support, medical services, working
conditions, educational opportunities and recreational facilities.
by the aged.
and to benefit from achievements in social development.
aged shall be prohibited.
undertakings for the aged into their plans for national economy and social
development, gradually increase the financial input and encourage social
investments in order to ensure that the undertakings for the aged develop in
coordination with economic and social progress.
regions and municipalities directly under the central government shall take
organizational measures to coordinate relevant departments in ensuring the
protection of rights and interests of the aged. The specific organs shall be
designated by the State Council and the people's governments of provinces,
autonomous regions and municipalities directly under the central government.
common responsibility of the whole society.
within the scope of their respective duties and responsibilities, ensure the
protection of rights and interests of the aged.
established for the aged according to law should serve the aged by conveying
their demands and safeguarding their lawful rights and interests.
respecting and supporting the aged in order to form a social mode of
respecting, caring for and assisting the aged.
children in ethics of respecting and supporting the aged as well as in legal
systems for safeguarding lawful rights and interests of the aged.
and rewards to units, families and individuals that have made outstanding
achievements in safeguarding lawful rights and interests of the aged and
respecting and supporting the aged.
statutory duties.
Chapter II Maintenance and Support by the Family
lives. Family members should care for the aged.
living expenses, look after him and comfort him mentally and should give
consideration to his special requirements.
duty to support him according to law.
support the aged person.
service for the aged person suffering from illness.
person. He shall not force the aged person to remove to a poor house.
possessed or leased by the aged person and shall not change the ownership or
the lease without authorization.
person.
management by the aged person and take charge of his forest trees and
livestock. Proceeds derived therefrom shall belong to the aged person.
the aged person on the grounds of waiving the right to inheritance or for
other reasons.
demand support payments from the supporter.
his strength.
other.
sisters, if they can afford it after coming of age, have the duty to maintain
their elder brothers or sisters who are old and have no any supporter.
agreement on performance of their duties to support the aged person. Residents
committees, villagers committees or the organizations to which the supporters
belong shall supervise over the performance of the agreement.
Children and other relatives shall not interfere with the divorce, remarriage
and married lives of the aged.
marriage of the aged person.
according to law. Their children or other relatives shall neither interfere
with the disposal of property nor extort money and gifts from them.
children or other relatives according to law and have the right to accept
donation.
Chapter III Safeguarding by the Society
the basic living standard of the aged.
law shall be guaranteed. Organizations concerned must pay pensions in full on
time and shall nether delay without justification and nor appropriate them for
other purpose.
improvement of the people and wage rise of workers and staff members.
conditions in rural areas, bases for providing for the aged may, if possible,
be established in part of mountains, forests, water surfaces, beaches and so
on, which are owed by collectives and management of which are not yet
contracted by individuals. Proceeds derived therefrom shall be provided for
the aged.
have no financial sources, if they have no supporter or their supporters have
really no ability to support or maintain them, the local people's governments
shall provide relief for them.
sources, if they have no supporter or their supporters have really no ability
to maintain or support them, the rural collective economic organizations shall
guarantee them food, clothing, housing, medical care and burial expenses.
People's governments of townships, nationality townships or towns shall be
responsible for the implementation of the five guarantees.
agreements or other assistance agreements with the aged.
forms to ensure the aged the basic medical care.
formulating the procedures for medical insurance.
medical expenses for his illness, the local people's government may lend
proper assistance according to the circumstances and may advocate social
assistance.
who seek medical treatment and should give priority to the aged who have
reached the age of seventy. Hospital beds in families and mobile medical
service may, if possible in some localities, be provided for aged patients.
train geriatricians in order to raise the prevention and cure level of senile
illnesses as well as the scientific research level in this regard.
knowledge of health care in old age and enhance the awareness of health
protection by the aged.
light of the actual conditions and relevant standards, give special
consideration to his requirements in assigning, changing and selling its
houses.
residential areas and houses should, according to special requirements of the
aged, include the construction of supporting facilities suitable for lives and
activities of the aged.
establish schools of various types for the aged.
education for the aged and should make unified planning.
in culture, sports and recreation in order to enrich spiritual and cultural
lives of the aged.
individuals to establish facilities such as welfare centres, home of respect,
apartment houses, medical care centres and cultural and sports centres for the
aged.
economic development in their localities, gradually increase their
appropriations for welfare undertakings for the aged and establish welfare
facilities for them.
enterprises in development, production and marketing of daily necessities for
the aged in order to satisfy their requirements.
gradually facilities and networks for living service, cultural and sports
activities, nursing and recovery as required by the aged.
advocated to care for and help the aged with difficulties.
of their conditions, give preferential treatment and special consideration to
the aged who travel as visitors or tourists or take public transport vehicles.
accumulative labour.
the aged by reflecting their lives and spreading propaganda on safeguarding
their lawful rights and interests.
when bringing lawsuits for infringement of their lawful rights and interests
may be allowed a deferment, a reduction of the payment or its exemption. The
aged who are unable to pay lawyer's fees when lawyers are required may receive
legal assistance.
Chapter IV Participation in Social Development
aged as well as their experience from revolution and construction, respect
their virtues and give full play to their ability and role.
in socialist construction for material growth and cultural and ideological
progress. In the light of social requirements and actual conditions, the aged
are encouraged to engage in any of the following activities based on
valuntariness and capability.
collectivism as well as in traditional virtues such as hard struggle and plain
living;
according to law;
protected by law.
Chapter V Legal Liability
infringed upon, the infringed or his agent has the right to appeal to the
competent authorities for disposition, or bring a lawsuit at a people's court
according to law.
a complaint, a charge or an exposure regarding an infringement upon the lawful
rights and interests of an aged person according to law, and shall not evade
or delay the disposition.
safeguard the lawful rights and interests of the aged shall be admonished and
criticized, and be ordered to make corrections by the competent departments at
higher levels.
infringe upon the lawful rights and interests of the aged, the units to which
they belong or their higher authorities shall order them to make corrections
or impose disciplinary sanctions upon them; if a crime has been constituted,
criminal liability shall be investigated according law.
member over the performance of duty to support him or over housing or property
issues, he may appeal to the organization to which the family member belongs,
or the residents committee or villagers committee for mediation, or may
directly bring a lawsuit at a people's court.
mediation, the erring family member shall be admonished and criticized and
ordered to make corrections.
claims for support payments by an aged person.
person, or fabricates facts to defame him, or maltreats him, if the
circumstances are relatively minor, shall be punished in accordance with the
relevant provisions of the Regulations on Administrative Penalties for Public
Security, and, if a crime has been instituted, be investigated for criminal
liability according to law.
aged person, or refuses to perform his duty of supporting an aged person, if
the circumstances are serious and a crime has been instituted, shall be
investigated for criminal liability according to law.
extorts or intentionally destroys property of an aged person, if the
circumstances are relatively minor, he shall be punished in accordance with
the relevant provisions of the Regulations on Administrative Penalties for
Public Security, and if a crime has been instituted, be investigated for
criminal liability according to law.
Chapter VI Supplementary Provisions
formulate regulations with appropriate adaptations or supplements in
accordance with the principles laid down in this Law and in light of the
specific conditions of folkways and customs of the local nationalities.
URL: http://www.asianlii.org/cn/legis/cen/laws/poraiota417