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Regulations of Shanghai Municipality on the Protection of Rights and Interests of the Aged People
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| (Adopted at the4th Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on August 18,1998) Chapter I General Provisions Article 1 With a view to safeguarding the legitimate rights and interests of the aged people, developing the old-age related undertakings, and carrying forward China's national virtues of revering and providing for the aged people, these Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Rights and Interests of the Aged People and the stipulations of other laws and administrative regulations, and in the light of the actual conditions of this Municipality. Article 2 These Regulations apply to the activities relating to the protection of rights and interests of the aged people held within the administrative divisions of this Municipality. The aged people described in these Regulations refer to the citizens over 60 years of age. Article 3 The state organs at all levels as well as the social community shall take measures to perfect the social security system for the aged people and gradually improve the guarantee of their living, health and the condition for their participation in the social deve1opment so that in their old age they will have family support, medical care, opportunities to accomplish something, something to lean1and to enjoy. Article 4 The aged people shall enjoy according to law the rights of human dignity and personal freedom, of marriage freedom, of property, of receiving family support and aid, of house lease and use, of receiving education, of acquiring material aid from the State and Society, of participation in social development, of enjoying achievements from social developments and other rights stipulated in the Constitution and laws. Discriminating, humiliating, ill-treating or forsaking the aged people are forbidden. The aged people shall esteem social morality, observe disciplines and laws, and perform the obligations stipulated by the laws. Article 5 The people's governments at all levels shall bring the old-age related undertakings into the program of the national economy and social development, gradually increasing their input into the old-age related undertakings, and encouraging such inputs from all social sectors so that the old-age related undertakings may develop in coordination with economy and society. Article 6 The people's governments at municipal, district and county levels shall lead and coordinate the relevant departments in their work of protecting the rights and interest of the aged people. The civil affairs departments at all levels shall be responsible for organizing the specific implementation of these Regulations, and for inspecting and supervising the work done by the relevant departments for the protection of the rights and interests of the aged people. The township (town) people's government and the subdistrict office shall assign someone to take charge of the work of protecting the rights and interests of the aged people. Article 7 It is the common responsibility of the entire society to protect the legitimate rights and interests of the aged people. The departments at all levels in charge of labor and social guarantee, medical insurance, public security, judicial administration, personnel, finance, administration of industry and commerce, real estate, sanitation, education, culture, physical culture and the like and the people's courts, the peop1e's procuratorates as well as the business enterprises and institutions shall protect the rights and interests of the aged people according to their respective responsibilities. The old-age care committees, the retired employee administrative committees, the trade unions, the Communist Youth Leagues, the Women's Federations and the senior cadre administrative departments at all leve1s shall assist and support the people's governments at all levels in their implementation of these Regulations. The neighborhood committees and the village committees shall reflect the request of the aged people, safeguard their legitimate rights and interests and provide services for them. The press units in charge of newspapers and periodicals, radio and television broadcasts and the like shall amplify the propaganda and education on the protection of the legitimate rights and interests of the aged people, carry forward the traditional virtues of showing reverence and provision for the aged people, and condemn any act of infringing on their legitimate rights and interests. The youth organizations, schools and kindergartens shall have the education to the youngsters and children on the virtues of reverence and provision for the aged people, and have the legal education on the protection of the legitimate rights and interests of the aged people. Charities for the aged people shall be encouraged and voluntary services for them shall be advocated. Article 8 The 9th of the 9th lunar month of each year (the Double 9th Festival) is the Day of Respect for the Aged in this Municipality. Chapter II Family Support and Upbringing Article 9 The aged people's children born in wedlock or out of wedlock, adopted children, step-children having the relationship of fosterage and grandchildren who have lost their parents but have the ability to support others shall have the obligation to support the aged people. An aged person and his/her spouse shall have the mutual obligation to support each other. If the grown-up brother or sister raised by his/her elder brother or sister has the ability to support others, he/she shall have the obligation to support the elder brother or sister when the latter becomes old and has no one to support him/her. The supporter shall not refuse to fulfill his/her obligation to support by reason of abandoning the right of succession, or a divorce or remarriage on the part of the aged person or other causes. The spouse of the supporter shall assist the supporter in fulfilling the obligation to support. Article 10 The supporters shall provide financial support to the aged people to ensure their essential living needs. The aged people's basic living standard shall be commensurate with the average living standards of their family members. For the aged people living alone and having no or low income, the supporters shall pay alimony to them each month. Agreements on fulfilling the obligation to support may be signed among supporters with the approval of the aged person. The aged person may also demand from the supporters a support guarantee in written form. The neighborhood committee, village committee or the organizations to which the supporters belong shall supervise the fulfillment of the agreement or the support guarantee. Article 11 A supporter shall take care of the aged person in his/her life and shall bear the responsibility of nursing if the aged person is sick or unable to take care of himself/herself. A supporter has the obligation to cultivate the farm land contacted by the aged person and to take care of the latter' s forest trees and livestock. The income gained shall belong to the aged person. If the supporter has difficulty in fulfilling in person the obligations set forth in Section l or Section 2 of this Article, he/she may ask other person (s) to have them fulfilled and pay the required expenses. The supporter and his family members shall not ask the aged person to labor beyond his/her ability. Article 12 A supporter and his/her family members shall provide the aged person with spiritual solace and create a harmonious and friendly household atmosphere. Article 13 The marriage freedom of the aged person is protected by law. His/her children or other relatives shall not interfere with his/her divorce, remarriage and the married life thereafter. The supporter shall not, by reason of divorce or remarriage of the aged person, ask for, hide or detain the legitimate property or the relevant credentials of the aged person nor restrict his/her legitimate right of dwelling. Article 14 An aged person shall enjoy according to law the rights of possessing, using, profiting from, and disposing of his/her own legitimate income and other property, with which his/her children or other relatives shall not interfere. If the grown-up children who have the ability to live independently request financial assistance from the aged person, the aged person shall have the right to refuse it. The grown-up children or other relatives must not extort or withhold the property of the aged person by reason of unemployment or other causes. An aged person shall have according to law the legitimate right of inheriting the legacy from his/her parents, spouse, children or other relatives and the right of receiving donation. The children or other relatives must not peculate, seize, transfer, hide or destroy the legacy to be inherited by the aged person. An aged person may according to law make a will disposing of his/her personal property or sign an agreement of bequeathal and support with someone else, with which the children or other relatives shall not interfere. Article 15 The supporter shall properly arrange the dwelling house for the aged person and shall not force him/her to move to a house in an inferior condition. The children or other relatives of the aged person shall not occupy the dwelling house owned or leased by the aged person or change the relationship of property right or of leasehold without authorization. While undertaking procedures relating to the removal, ownership transference, exchange or residence registration of the dwelling house owned or leased by the aged person, the person concerned in the real estate administrative department or public security department shall seek consent of the aged person in person and check the written materials signed by the aged person. If an aged person pays out to purchase or builds a dwelling house jointly with his/her children or other relatives, he/she shall enjoy according to law the right of ownership and the right of inhabitation over the corresponding house. If the children or other relatives of an aged person pay out to purchase the dwelling house formerly leased or inhabited by the aged person, they shall sign a written agreement to guarantee that the aged person has the right to continue living therein. If the children or other relatives of an aged person lease or use a house of the aged person with the latter's consent, the house must be returned at the appointed time. Delaying the return without reason is not allowed. If the children or other relatives of an aged person living in the house owned by the aged person have acquired a house allotted by their work unit or have purchased a house on their own, they shall move out in time if the aged person disagrees on their continued inhabitation. If a house allotted by the work unit to which the children of the aged person belong, or a house acquired after relocation or reconstruction includes a share for the aged person, the aged person shall enjoy the same right as his/her children. The supporter shall have the obligation to maintain and repair the dwelling house owned by the aged person. Chapter III Social Guarantee Article 16 The pension and other treatments enjoyed by the aged people according to law shall be guaranteed. The relevant organizations shall pay the full amount of pension on schedule and no delay in payment or no misappropriation is allowed. The state organs, social organizations, enterprises, institutions and individuals shall take part in endowment insurance for city and town employees according to law and pay the fall amount of endowment insurance premium on schedule. The work unit may pay for supplementary endowment insurance for its employees. The purchase of commercial endowment insurance by individuals shall be encouraged. Article 17 The rural social endowment insurance premium shall be paid jointly by the economical organizations, collective institutions and laborers in the countryside. The rural organ of social endowment insurance shall pay the full amount of pension on schedule and no delay in payment or no misappropriation is allowed. The rural economical organizations or collective institutions shall establish the old-age subsidy system for such aged people as are not entitled to enjoy the treatment of rural social endowment insurance. Article 18 The Municipal People's Government shall increase the pension amount according to the development of economy, the rise of people's living standard and the salary growth of employees. The municipal departments of labor and social security shall properly manage the endowment insurance fund and submit themselves to supervision and examination. Article 19 The medical treatment enjoyed by the aged people according to law must be guaranteed. This Municipality shall establish a medical insurance system for employees in the city and town enterprises. Both the work units and individuals shall pay the medical insurance premium as stipulated. The relevant departments shall give the aged people proper consideration in working out medical insurance plans. The relative work units shall give priority to paying the medical service fees that the work unit must pay for the aged people as stipulated. Any delay in payment without reason is not allowed. This Municipality shall establish a risk fund for major diseases in the countryside, and advocate and support the aged people to take part in the fund. The people's governments at district (county) or township (town) level shall take measures to consolidate and perfect the rural cooperative medical service system for the convenience of the aged people in receiving medical service. Article 20 If an aged person is sick and both he/she and the supporter truly cannot afford the medical service expenses, the relevant department and organization may provide appropriate aid for him/her. Article 21 If an aged person who has difficulty in moving about becomes sick, the subdistrict hospital, township (town) hospitals and medical stations shall make house calls. The subdistrict hospitals and township (town) hospitals shall give priority to setting up family sickbeds for the aged people. Medical organs at different levels may, with the approval of the administrative department of hygiene, set up medical service stations in the communities for the convenience of the aged people in receiving medical service. The relevant unit and community shall provide convenience for the medical staff in giving the aged people free medical treatment. Carrying out free medical treatment shall comply with the stipulations made by the municipal administrative department of hygiene. Article 22 The Municipal People's Governments and the district and county people's governments shall take measures to strengthen the research in gerontology and the cultivation of qualified personnel therefor, and enhance the prevention, treatment and research levels of gerontal diseases. Activities of health education in all forms shall be developed to popularize knowledge of old-age health care and enhance the old aged people's awareness of self health care. Article 23 The Municipal People's Government shall establish the minimum life guarantee system and provide social re1ief and aid for the aged people whose living standards are lower than the minimum life guarantee standards of this Municipality. The civil affairs department shall provide relief for the aged people in the city who have no capacity for work, no source of income, no supporter or provider, or whose supporter or provider truly has no ability to support them or provide for them. The township (town) people's governments shall take charge of organizing the implementation of 5 guarantees, namely, guaranteeing food, clothing, housing, medical care and burial expenses, in the work of supporting the aged people in the countryside who have no capacity for work, no source of income, no supporter or provider, or whose supporter or provider truly has no ability to support them or provide for them. The relevant departments and organizations shall give necessary aid to those aged people who still have difficulty even after being given the minimum life guarantee aid by the civil affairs department. Article 24 When readjusting the dwelling house of the aged people due to removal and relocation and other reasons, the department responsible for such work shall give consideration to the aged people's reasonable requests. Article 25 The people's governments at all levels shall, according to the overall urban planning of this Municipality, work out the corresponding specific plan for the old-age welfare facilities such as welfare house, rest home, aged-care center, old-age apartment building, medical recuperation institution for the aged and places for aged people's cultural and physical activities, and organize the implementation of the plan. The people's governments at all levels shall encourage and assist social organizations or individuals to establish facilities such as old-age care institutions, medical recuperation institutions for the aged and places for aged people's cultural and physical activities. The customs and habits of the national minorities shall be respected m the establishment of the welfare facilities for the aged people. The aged people's welfare facilities must not be used for other purposes without the approval from the original examination and approval departments. Article 26 The government shall list the old-age education into the education development program and encourage the society to run well all kinds of schools for the aged people. Article 27 The community shall take service for the aged people as an important content in the community service and set up service items required by the aged people in terms of life, culture, physical education, nursing and recuperation. The township (town) people's government, subdistrict office, neighborhood committee and village committee shall establish places for old-age activities. The neighborhood committee and village committee shall strengthen the education of residents (villagers) in providing service for the aged people. The organizations such as the old-age committee and the retiree administration committee shall assist the relevant departments to organize social volunteers to provide service for the aged people. Article 28 The people's governments at all levels shall support the development of the industry that provides services for the aged people and guides the enterprises in developing, manufacturing and managing daily necessities of the aged people as well as setting up service items required by the aged people for their convenience in life. Article 29 The relevant departments shall issue preference cards to the aged people over 70years of age having registered permanent residence in this Municipality. The aged people may on the strength of the preference cards enjoy the treatment stipulated therein. Article 30 The Municipality shall establish the law service center for the aged people, providing services such as legal consultation, acting as agent to handle legal affairs, undertaking non-litigious mediation, etc. for the aged people. If an aged person who needs legal assistance cannot afford the expenses for a lawyer, he/she may apply to the judicial administrative department for legal assistance, and the department shall provide the aged person with legal assistance as stipulated. If an aged person, who takes legal proceedings because of his/her legitimate rights and interests being infringed, has actual difficulty in paying legal cost, the payment of such cost may be deferred, reduced or exempted. Chapter IV Participation in Social Development Article 31 The state organs at a11 levels as well as the social community shall take seriously and value the knowledge, technical skills, and revolutionary and constructional experience of the aged people, esteem their excellent moral characters and give full play to their speciality and role. This Municipality shall establish a bank of the aged people of professional talents to create conditions for the aged people with specialized knowledge and skills to bring their role into play. Article 32 The state organs at all levels shall create conditions for the aged people to participate in the construction of socialist material civilization and spiritual civilization. According to the social needs and possibilities, they shall encourage the aged people to participate in the following activities out of their own accord and according to their own capability: 1.To give the youth and children the education on socialism, patriotism, collectivism and excellent traditions such as hard struggle, etc.; 2.To impart knowledge of culture and science and technology; 3.To provide consultant services; 4.To participate according to law in the development and application of science and technology; 5.To undertake business and manufacturing activities according to law; 6.To set up social undertakings of public welfare; 7.To participate in maintaining social security and to assist mediating civil disputes; or 8.To participate in other social activities. Article 33 Anyone who employs the aged people to carry out production activities must not assign them poisonous jobs, harmful jobs, jobs that require great physical strength, or jobs to be done high above the ground, under ground, under water, or in high or low temperature and other jobs that are inappropriate for the aged people. Chapter V Legal Liability Article 34 If the legitimate rights and interests of an aged person are infringed, the victim or his/her agent shall have the right to ask the relevant department to handle the case, or take legal proceedings in a people's court. The people's court and the relevant department shall accept and handle in time the appeal, accusation and prosecution relating to the infringement of the legitimate rights and interests of the aged person. No prevarication or delay is allowed. If the aged person taking legal proceedings has difficulty moving about, the relevant department shall investigate and handle the case by making house calls. Article 35 If any department or organization fails to do its duty of protecting the legitimate rights and interests of the aged people, its regulatory department at a high level shall criticize and educate it and order it to make rectification. If any of the state working personnel breaks the law or neglects his/her duty, which results in the impairment of the legitimate rights and interests of the aged people, the organization to which he/she belongs or the organ at a higher level shall order him/her to make rectification, or inflict an administrative punishment. If any aged person's children and his/her family members violate the stipulations of these Regulations, the local neighbourhood committee, village committee in the place where the aged person's residence is located or the work unit to which they belong shall criticize and educate them and order them to make rectification. Article 36 If an aged person has disputes with his/her family members in the matter of support, provision, dwelling house or property, the aged person may apply for mediation to the neighborhood committee, village committee, subdistrict office, or township (town) people's government in the place where his/her residence is located or to the work units to which the family members belong; he/she may also directly take legal proceedings in a people's court. During the mediation of the dispute mentioned in the previous Section, the family members in fault shall be given criticism and education and be ordered to make rectification. As for the aged person' s application for recourse of alimony or cost of support, the people' s court may render a verdict according to law that it be executed first; if the enforcement of the judgment or verdict relating to alimony or cost of support has been refused, the people's court shall enforce it according to law. Article 37 If anyone violates the stipulations in Section 2 of Article15 of these Regulations by changing the aged person's relationship of house property right, of house lease, or by changing the head of the household or registering residence for someone moving into household without obtaining he consent of the aged person, the real estate administrative department or the public security department shall handle it in time according to law after a complaint is lodged by the aged person. If anyone violates the stipulations of Sections 1and 2of Article 16, Section 2 of Article17 and Section 3of Article 19 by delaying payment of or misappropriating pension or by not making full payment of endowment insurance premium within the prescribed time limit and delaying without reason the payment of medical service expenses to be borne by the relevant work unit, the regulatory department at a higher level shall circulate a notice of criticism and investigate the responsibility of the person in charge of the unit and the person with direct responsibility, or alternate1y handle the matter according to the relevant stipulations of the Municipality. If the personal safety of an aged person is threatened, he/she may apply for protection to the public security organ, which shall take immediate measures after receiving the application. If the public security organ fails to take any measures, the aggrieved may take legal proceedings in a people's court according to law. Article 38 Any one who infringes the legitimate rights and interests of the aged people causing a damage to the property or some other damages, shall make compensation or bear other civi1 liability according to law. Article 39 Anyone who infringes the legitimate rights and interests of the aged people, and this deserves the public security administrative punishment, shall be punished according to the Regulations on Public Security Administration and Imposition of Punishment; if his/her act constitutes a crime, he/she shall be prosecuted for criminal liability according to law. Chapter VI Supplementary provisions Article 40 These Regulations shall become effective on January 1,1999. The Regulations of Shanghai Municipality on the Protection of the Aged People adopted at the 2nd Session of the Standing Committee of the 9th Shanghai Municipal People's Congress on July 21,1988 shall be repealed simultaneously. |
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