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中华人民共和国老年人权益保障法 LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF RIGHTS AND INTERESTS OF THE AGED

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(Adopted at the 21st Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1996 and promulgated by Order No. 73 of the President of the People's Republic of China on August 29, 1996)
颁布日期:19960829  实施日期:19961001  颁布单位:全国人大常委会

  Contents

  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

  Chapter I General Provisions

  Article 1 This Law is enacted in accordance with the Constitution for the 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.

  Article 2 The aged mentioned in this Law refer to citizens over the age of sixty.

  Article 3 The state and society should take measures to perfect the 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.

  Article 4 The state protects the statutory rights and interests enjoyed by the aged.

  The aged have the right to material assistance from the state and society and to benefit from achievements in social development.

  Discrimination against, insult of, maltreatment of or desertion of the aged shall be prohibited.

  Article 5 People's governments at various levels should incorporate the 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.

  The State Council and the people's governments of provinces, autonomous 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.

  Article 6 The protection of lawful rights and interests of the aged is a common responsibility of the whole society.

  State organs, public organizations, enterprises and institutions should, within the scope of their respective duties and responsibilities, ensure the protection of rights and interests of the aged.

  Residents committees, villagers committees and other organizations established for the aged according to law should serve the aged by conveying their demands and safeguarding their lawful rights and interests.

  Article 7 The whole society should widely launch a publicity campaign for respecting and supporting the aged in order to form a social mode of respecting, caring for and assisting the aged.

  Youth organizations, schools and kindergartens should educate youths and children in ethics of respecting and supporting the aged as well as in legal systems for safeguarding lawful rights and interests of the aged.

  Voluntary service for the aged shall be advocated.

  Article 8 People's governments at various levels shall give commendations 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.

  Article 9 The aged should observe laws and disciplines and should perform statutory duties.

  Chapter II Maintenance and Support by the Family

  Article 10 Families are the chief support for the aged to live their lives. Family members should care for the aged.

  Article 11 A supporter should perform the duty to pay the aged person living expenses, look after him and comfort him mentally and should give consideration to his special requirements.

  A supporter refers to a child of the aged person or a person having the duty to support him according to law.

  The spouse of a supporter should assist him in performing the duty to support the aged person.

  Article 12 A supporter should provide medical expenses and nursing service for the aged person suffering from illness.

  Article 13 A supporter should provide proper accommodation for the aged person. He shall not force the aged person to remove to a poor house.

  Children and other relatives of an aged person shall not seize the house possessed or leased by the aged person and shall not change the ownership or the lease without authorization.

  A supporter has the duty to maintain the house possessed by the aged person.

  Article 14 A supporter has the duty to cultivate farmland contracted for management by the aged person and take charge of his forest trees and livestock. Proceeds derived therefrom shall belong to the aged person.

  Article 15 A supporter shall not refuse to perform his duty to support the aged person on the grounds of waiving the right to inheritance or for other reasons.

  If a supporter fails to perform his duty, the aged person has the right to demand support payments from the supporter.

  A supporter shall not require the aged person to do physical labour beyond his strength.

  Article 16 The aged and their spouses have the duty to maintain each other.

  Younger brothers or sisters who are brought up by their elder brothers or 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.

  Article 17 Supporters may, with the consent of the aged person, sign an 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.

  Article 18 The freedom of marriage of the aged shall be protected by law. Children and other relatives shall not interfere with the divorce, remarriage and married lives of the aged.

  The duties of a supporter shall not terminate with the change of the marriage of the aged person.

  Article 19 The aged have the right to dispose of their own property according to law. Their children or other relatives shall neither interfere with the disposal of property nor extort money and gifts from them.

  The aged have the right to inherit property from their parents, spouses, children or other relatives according to law and have the right to accept donation.

  Chapter III Safeguarding by the Society

  Article 20 The state establishes an old-age insurance system to safeguard the basic living standard of the aged.

  Article 21 Pensions and other treatment enjoyed by the aged according to 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.

  The state increases pensions on the basis of economic development, living improvement of the people and wage rise of workers and staff members.

  Article 22 In addition to an old-age insurance system suitable for actual 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.

  Article 23 For the aged in cities and towns who are unable to work and 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.

  For the aged in rural areas who are unable to work and have no financial 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.

  Article 24 Citizens or organizations are encouraged to sign support agreements or other assistance agreements with the aged.

  Article 25 The state establishes the medical insurance systems in various forms to ensure the aged the basic medical care.

  Departments concerned should give special consideration to the aged in formulating the procedures for medical insurance.

  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 medical expenses for his illness, the local people's government may lend proper assistance according to the circumstances and may advocate social assistance.

  Article 27 Medical institutions should provide conveniences for the aged 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.

  Free medical care for the aged is advocated.

  Article 28 The state takes measures to ensure geriatric research and train geriatricians in order to raise the prevention and cure level of senile illnesses as well as the scientific research level in this regard.

  Hygienic education shall be given in various forms in order to popularize knowledge of health care in old age and enhance the awareness of health protection by the aged.

  Article 29 An organization to which an aged person belongs should, in the light of the actual conditions and relevant standards, give special consideration to his requirements in assigning, changing and selling its houses.

  Article 30 The construction and reconstruction of public facilities, 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.

  Article 31 The aged have the right to continue education.

  The state develops education for the aged and encourages social forces to establish schools of various types for the aged.

  People's governments at various levels should step up leadership on education for the aged and should make unified planning.

  Article 32 The state and society take measures to launch mass activities in culture, sports and recreation in order to enrich spiritual and cultural lives of the aged.

  Article 33 The state encourages and helps social organizations and individuals to establish facilities such as welfare centres, home of respect, apartment houses, medical care centres and cultural and sports centres for the aged.

  Local people's governments at various levels should, in the light of economic development in their localities, gradually increase their appropriations for welfare undertakings for the aged and establish welfare facilities for them.

  Article 34 People's governments at various levels should guide enterprises in development, production and marketing of daily necessities for the aged in order to satisfy their requirements.

  Article 35 Community service shall be developed in order to establish gradually facilities and networks for living service, cultural and sports activities, nursing and recovery as required by the aged.

  By carrying forward the tradition of mutual aid, the neighbourhood is advocated to care for and help the aged with difficulties.

  Social volunteers are encouraged and supported to serve the aged.

  Article 36 Local people's governments at various levels may, in the light of their conditions, give preferential treatment and special consideration to the aged who travel as visitors or tourists or take public transport vehicles.

  Article 37 The aged in rural areas need not do obligatory labour and accumulative labour.

  Article 38 Broadcasting, films, televisions and periodicals should serve the aged by reflecting their lives and spreading propaganda on safeguarding their lawful rights and interests.

  Article 39 The aged who have real difficulties in paying litigation costs 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

  Article 40 The state and society should value knowledge and skills of the aged as well as their experience from revolution and construction, respect their virtues and give full play to their ability and role.

  Article 41 The state should create conditions for the aged to participate 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 voluntariness and capability.

  (1) educating youths and children in socialism, patriotism and collectivism as well as in traditional virtues such as hard struggle and plain living;

  (2) teaching knowledge of culture and science and technology;

  (3) providing consultancy service;

  (4) engaging in scientific and technological development and application according to law;

  (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 protected by law.

  Chapter V Legal Liability

  Article 43 Where the lawful rights and interests of an aged person are 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.

  The people's court and the competent authorities shall promptly dispose of 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.

  Article 44 Departments or organizations failing to perform the duty to 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.

  Where state functionaries neglect their duties, in violation of law, and 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.

  Article 45 Where an aged person involves in disputes with his family 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.

  When the disputes mentioned in the preceding paragraph are dealt with by mediation, the erring family member shall be admonished and criticized and ordered to make corrections.

  The people's court may order advance execution of cases involving the claims for support payments by an aged person.

  Article 46 Whoever, by violence or other means, publicly insults an aged 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.

  Article 47 Whoever forcibly interferes with the freedom of marriage of an 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.

  Article 48 Where a family member steals, swindles, forcibly seizes, 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

  Article 49 The people's congresses of national autonomous areas may 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.

  Article 50 This Law comes into force on August 1, 1996.

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