Chapter I general provisions

Article 1 this law is formulated in accordance with the constitution in order to protect the lawful rights and interests of the elderly, to develop the undertakings of old age, to carry forward the virtues of the Chinese people's respect for the elderly, the elderly and the elderly.

Article 2 the term "elderly" as mentioned in this law refers to citizens over the age of sixty.

Article 3 the state guarantees the rights and interests of the elderly according to law.

The elderly have the right to obtain material assistance from the state and society, enjoy the right to social services and preferential treatment, and have the right to participate in social development and share the fruits of development.

Discrimination, abuse, abuse or abandonment of the elderly shall be prohibited.

Article 4 actively coping with population aging is a long-term strategic task of the country.

The state and society shall adopt measures to improve the system of protecting the rights and interests of the elderly, gradually improve the elderly life, health, safety, and participating in the development of the social conditions and time to realize, LaoYouSuoYi, old age, this paper, old-aged's providing.

Article 5 the state shall establish a multi-level social security system and gradually raise the level of protection for the elderly.

The state establishes and consummates the social pension service system supported by the home based, community and institution.

Advocate for the elderly in the whole society.

Article 6 the people's governments at various levels shall incorporate the aging of the national economy and social development planning, the old funds included in the budget, establish a stable funds safeguard mechanism, and encourage the social various aspects, aging and the economic and social harmonious development.

The state council shall formulate plans for the development of national undertakings for aging. The local people's governments at or above the county level shall formulate plans for the development of the elderly and the annual plans of the administrative region according to the development plan of the state's aging undertakings.

The people's governments at or above the county level shall be responsible for the organization, coordination, guidance and supervision of the relevant departments for the protection of the rights and interests of the elderly.

Article 7 safeguarding the legitimate rights and interests of the elderly is the common responsibility of the whole society.

State organs, social organizations, enterprises and institutions and other organizations shall, in accordance with their respective functions and duties, do well in the protection of the rights and interests of the elderly.

The grass-roots mass self-government organizations and the elderly organizations established according to law shall reflect the requirements of the elderly, safeguard the legitimate rights and interests of the elderly and serve the elderly.

Promoting and encouraging the obligation to serve the elderly.

Article 8 the state shall carry out the national situation of population aging education, and strengthen the whole society to actively respond to the awareness of population aging.

The whole society should carry out a wide range of activities of respecting, supporting and promoting education, and building a social style of respecting, caring and helping the elderly.

Youth organizations, schools and kindergartens should carry out the moral education and the legal rights and interests of the elderly, the elderly, the old and the old, and the legal rights and interests of the elderly.

Broadcasting, movies, television, newspapers and periodicals, and the Internet should reflect the lives of the elderly and carry out propaganda to protect the legitimate rights and interests of the elderly and serve the elderly.

Article 9 the state shall support the scientific research of the aged and establish a statistical investigation and release system for the elderly.

Article 10 people's governments at all levels and relevant departments to maintain the old legal rights and interests, respect, and helpage remarkable achievements organization, family or individual, to participate in social development have made outstanding contributions to the old, commended or awarded in accordance with the relevant provisions of the state.

Article 11 the elderly shall abide by the law and comply with the obligations prescribed by law.

Article 12 the ninth day of the ninth lunar month is the old year.



Chapter ii family support and maintenance

Article 13 the family members shall respect, care for and take care of the elderly.

Article 14 the maintenance person shall fulfill the obligation to provide for the economic support, care and spiritual consolation of the elderly, and take care of the special needs of the elderly.

The maintenance person refers to the children of the elderly and other people who have the obligation to support the law.

The spouse of the maintenance man shall assist the maintenance man in fulfilling the maintenance obligations.

Article 15 a maintenance person shall make timely treatment and nursing of the sick elderly; The elderly who are economically difficult should provide medical expenses.

The elderly who cannot care for themselves shall be responsible for the care of the elderly. If you can't take care of it yourself, you can entrust others or the pension institution to take care of them according to the wishes of the elderly.

Article 16 a maintenance person shall properly arrange housing for the elderly, and shall not force the aged to live in or relocate the houses with inferior conditions.

If the elderly have their own or the rented housing, the children or other relatives shall not encroach upon, and shall not change the property right or the lease relationship without authorization.

The elderly have their own housing and the maintenance of maintenance.

Article 17 a maintenance person shall have the obligation to cultivate or entrust the fields to be contracted by the elderly, to take care of or entrust others to the care of the trees and livestock of the elderly, and the proceeds shall be owned by the elderly.

Article 18 family members shall be concerned about the spiritual needs of the elderly and shall not neglect or neglect the elderly.

Family members who live separately from the elderly should often visit or greet the elderly.

The employing units shall, in accordance with the relevant provisions of the state, guarantee the right of the maintenance person to visit the family on leave.

Article 19 the maintenance person shall not refuse to perform the maintenance obligations in order to give up the right to inheritance or other reasons.

The elderly have the right to demand the maintenance of their dependants.

The maintenance man shall not require the elderly to bear the Labour which cannot be done.

Article 20. An agreement shall be signed between the maintenance and maintenance obligations between the dependant upon the consent of the elderly. The contents of the maintenance agreement shall not violate the provisions of the law and the wishes of the elderly.

The performance of the agreement on the supervision of a mass self-governing organization, an organization of the elderly, or a unit of support for the maintenance of a party.

Article 21 the marriage of the elderly shall be protected by law. Children or other relatives shall not interfere in the elderly's life of divorce, remarriage and marriage.

The maintenance of the maintenance man is not eliminated by the change of the marriage of the elderly.

Article 22 the elderly to personal property, in accordance with the law is entitled to possess, utilize, profit from and dispose of the right, children or other relatives shall not interfere in, shall not steal, swindle, to acquire methods such as violation of property rights and interests of the elderly.

The elderly have the right to inherit their parents, spouses, children or other family members according to law and have the right to accept gifts. Children or other relatives shall not encroach on, rob, transfer, conceal or destroy the property which shall be inherited or accepted by the aged.

The elderly shall, in accordance with law, reserve the necessary share for the elderly spouse in accordance with the law.

Article 23 the elderly and their spouses shall have the obligation to support each other.

The elder brother and sister of the elder sister of the elder sister, the younger sister who has the burden ability, has the obligation to support the elder brother and sister who have no support.

Article 24 if a maintenance person or dependant fails to perform the duties of supporting and supporting the maintenance, the unit of mass self-governing organizations of the grass-roots level, the organization of the elderly or the supporting person or the supporting person shall prod it to perform.

Article 25. Domestic violence against the elderly shall be prohibited.

Article 26 have full capacity for civil conduct the elderly, can be in close relatives or other closely associated with his person, organization, willing to bear the duty of guardianship in the consultations to determine their own guardian. If the guardian loses or partially loses his capacity for civil conduct, the guardian shall bear the responsibility of guardianship according to law.

If the elderly person fails to determine the guardian in advance, if the person loses or partially loses his capacity for civil conduct, he shall determine the guardian according to the provisions of the relevant laws.

Article 27 the state set up a sound family old-age support policies, encourage family members to live with the elderly or live nearby, with spouse and/or support for the aged people migrate to provide conditions, to help family members to take care of the elderly




Chapter iii social security

Article 28 the state shall guarantee the basic life of the elderly through the basic old-age insurance system.

Article 29 the state protects the basic medical needs of the elderly through the basic medical insurance system. Enjoy the lowest life to ensure the elderly and in line with the conditions of low-income families participating in the new rural cooperative medical care and basic medical insurance for urban residents required for individual capture to expend, subsidies by the government.

The relevant departments shall make medical insurance plans and should take care of the elderly.

Article 30 the state shall gradually carry out long-term care and guarantee work to ensure the care needs of the elderly.

The local people's governments at various levels shall give the care subsidies to the elderly who have long been unable to take care of themselves and have financial difficulties.

Article 31 the state shall give basic living, medical treatment, residential or other assistance to the elderly in economic difficulties.

The elderly without labor ability, without source of life, no support person and bring up person, or its support and maintenance people do not provide for ability truly or of bring up ability, by the local people's governments at various levels in accordance with the relevant provisions, give support or assistance

The local people's governments at various levels shall provide assistance to the elderly who are homeless and needy and who have no life in their lives.

Article 32 the local people's governments at various levels in the implementation of low-rent housing, public rental housing or dilapidated housing renovation of housing security system, preferential treatment shall conform to the conditions of the elderly.

Article 33 the state shall establish and improve the welfare system of the elderly, and increase the social welfare of the elderly according to the level of economic and social development and the actual needs of the elderly.

The state encourages the establishment of an old-age allowance system for low-income elderly people over the age of 80.

The state shall establish and improve the system of support for the elderly.

Rural areas can be used as pension bases for all the uncontracted collective land, mountain forests, water surfaces and tidal flats, and the benefits are for the elderly.

Article 34 the pensions, medical treatment and other benefits enjoyed by the elderly in accordance with law shall be guaranteed, and the relevant organs must pay the full amount on time, without withholding, defaulting or misappropriating.

The state will raise the level of old-age security in accordance with economic development and the increase in average wage and price increases.

Article 35 the state encourages charitable organizations and other organizations and individuals to provide material assistance to the elderly.

Article 36 the elderly may enter into a legacy support agreement or other support agreement with a collective economic organization, a grass-roots mass self-governing organization, a pension institution or other organizations or individuals.

The organization or individual that has the obligation to support the maintenance agreement shall bear the obligation of the elderly to be raised and buried, and shall have the right to be bequeathed.



Chapter iv social services

Article 37 the local people's governments at various levels and departments concerned shall take measures to develop urban and rural community endowment service, encourage and support the professional services firm and other organizations and individuals, to provide that occupy the home of the elderly life care, emergency rescue, medical care, spiritual comfort, psychological counseling, and other forms of service.

People's governments at various levels should gradually give subsidies to elderly people who are economically difficult.

Article 38 the local people's governments at various levels and relevant departments, autonomous mass organizations at the grass-roots level, pension service facilities shall be incorporated into the urban and rural community infrastructure construction planning, established to meet the need of the elderly living services, cultural and sports activities, day care, disease nursing and rehabilitation and other service facilities and network, to provide service for the elderly. To guide the development, production and operation of enterprises to meet the needs of elderly people and provide related services.



Chapter v social preferential treatment

Article 52 the people's governments at or above the county level and their relevant departments shall, in accordance with the conditions of economic and social development and the special needs of the elderly, formulate ways of preferential treatment for the elderly and gradually increase the preferential treatment level.

The elderly who live in the administrative region shall be given equal treatment.

Article 53 people's governments at all levels and relevant departments shall provide conditions for the timely and convenient collection of old-age pensions, settlement of medical expenses and other material assistance.

Article 54 people's governments at all levels and relevant departments to handle the housing ownership change, registered permanent residence migration involves the major issues of the old people's rights, it shall be the matters whether to ask the real intention of the old, and in accordance with the priority to deal with.

Article 55 the elderly may, in fact, have difficulty in paying legal fees due to the infringement of their lawful rights and interests, and may defer, reduce or exempt from the litigation; Legal aid can be obtained by obtaining a lawyer's help but failing to pay the lawyer's fees.

Encourage law firms, notaries, grass-roots legal services and other legal services to provide free or concessional services to elderly people with financial difficulties.

Article 56 medical institutions shall provide convenience for the medical treatment of the elderly and give priority to the treatment of the elderly. Where there are conditions, we can set up family beds for the elderly, and carry out services such as itinerant medical care, nursing, rehabilitation and free physical examination.

Advocate for old people justice.

Article 57 the service industry which advocates the close correlation with the daily life of the elderly shall provide priority and preferential services for the elderly.

Urban public transport, roads, railways, waterways and air passenger transport should provide preferential treatment and care for the elderly.

Article 58 the museum, art museum, science museum, memorial hall, the public library, cultural centers, cinemas and theatres, stadiums, parks, tourist attractions and other places, should be open to the elderly free or preferential.

Article 59 the rural elderly shall not bear the obligation to raise money for public welfare undertakings.



Chapter vi livable environment

Article 60 the state shall take measures to promote the construction of a liveable environment and provide a safe, convenient and comfortable environment for the elderly.

Article sixty-one the people's governments at various levels in the development of urban and rural planning, shall, according to the development trend of population aging, the elderly population distribution and the characteristics of the elderly, overall consideration for the public service facilities, infrastructure, life of old people health care facilities and the construction of cultural and sports facilities.

Article sixty-two the state to establish and perfect the system of engineering construction standard of involving the elderly, in the planning, design, construction, supervision, acceptance, operation, maintenance, management, strengthen the implementation of the relevant standards and supervision.

Article 63 the state shall formulate standards for construction of barrier-free facilities. New construction, reconstruction and expansion of roads, public transport facilities, buildings and residential areas shall conform to the national standards for the construction of unobstruction-free facilities.

The people's governments at all levels and the relevant departments shall, in accordance with the national standards for the construction of unobstructions, give priority to the renovation of public service facilities which are closely related to the daily life of the elderly.

All persons and managers of barrier-free facilities shall ensure the normal use of barrier-free facilities.

Article sixty-four the state to promote the elderly livable community construction, guide and support the elderly livable residential development, promote and support the transformation of the old family barrier-free facilities, creating barrier-free living environment for old people.



Chapter vii participation in social development

Article sixty-five the state and society, to cherish the elderly should be paid great attention to the knowledge, skills, experience and good moral character, give full play to its expertise and the elderly, to ensure the elderly to participate in the economic, political, cultural, and social life.

Article 66 the elderly may organize and carry out activities that are conducive to physical and mental health through the elderly.

Article 67 in formulating laws, regulations, rules and public policies, involving major issues concerning the rights and interests of the elderly, the organization of the elderly and the elderly shall be heard.

The elderly and elderly organizations shall have the right to submit their opinions and Suggestions on the protection of the rights and interests of the elderly and the development of the elderly in the state organs.

Article 68 the state creates conditions for the participation of the elderly in social development. To encourage the elderly to undertake the following activities in the context of voluntary and quantitative activities, according to the needs and possibilities of society:

Social ist, patriotism, collectivism and hard struggle for teenagers and children;

To impart cultural and technological knowledge;

Providing advisory services;

Participate in scientific and technological development and application according to law;

Engaging in business and production activities according to law;

Participating in voluntary service and undertaking social public welfare undertakings;

Participating in the maintenance of public security and assisting in mediation of civil disputes;

Participate in other social activities.

Article 69 the lawful income of the elderly in Labour shall be protected by law.

No unit or individual may arrange for the elderly to engage in labor or dangerous work that endangers their physical and mental health.

Article 70 the elderly have the right to continue to receive education.

National development of education, including education of old age into education system for life, encourage the society to run all kinds of old-age schools.

People's governments at all levels should strengthen their leadership, plan and invest more in old education.

Article 71 the state and society shall take measures to carry out mass cultural, sports and recreational activities suitable for the elderly and enrich the spiritual and cultural life of the elderly.



Chapter viii legal responsibility

Article 72 where the lawful rights and interests of the elderly are infringed upon, the infringer or his agent shall have the right to request the relevant department to handle the case, or to file a lawsuit with the people's court in accordance with the law.

The people's court and the relevant departments shall, in accordance with the law, handle complaints, complaints and prosecutions against the lawful rights and interests of the elderly, and shall not prevaricate or delay.

Article 73 a department or organization that does not perform the duties of protecting the lawful rights and interests of the elderly shall be ordered to make corrections by the competent authorities at the higher level.

Where a state functionary violates the duty of duty, thereby causing damage to the lawful rights and interests of the elderly, the unit or the superior organ of the state shall be ordered to make corrections or be punished according to law; If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article seventy-four elderly people for supporting and maintaining with family members or a dispute, such as housing, property, and can apply to the people's mediation committee or other relevant organizations to mediate, may also directly bring a suit in a people's court.

If the people's mediation committee or other relevant organizations mediate the disputes in the preceding paragraph, they shall resolve the contradictions and disputes through persuasion and persuasion; For family members who have been at fault, they should be critical of education.

The people's court may, in accordance with the law, make a decision to execute the application for the maintenance or maintenance fee of the elderly.

Article seventy-five the interfere with freedom of marriage in the elderly, the elderly have the obligation to support, this duty to support and maintenance, the elderly abuse or domestic violence to the elderly, giving critical education by the relevant units; (1) if the act constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 76 any family member who commits theft, fraud, robbery, embezzlement, extortion or intentional destruction of the property of the elderly shall be punished according to law for violating the administration of public security; If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 77 if an insult or defamation of the aged is a violation of the administration of public security, he shall be given a punishment for public security administration according to law; If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 78 the civil affairs department of the people's government at or above the county level shall order correction by the civil affairs department of the people's government at or above the county level without permission to set up a pension institution. In accordance with the provisions of laws and regulations, the relevant procedures shall be made according to law. If a person fails to meet the legal requirements within the prescribed time limit, he shall be responsible for the suspension of the office and the proper settlement of the elderly; If damage is caused, it shall bear civil liability according to law.

Article 79 where a pension institution and its staff have infringed upon the personal and property rights and interests of the elderly or failed to provide services as agreed, they shall bear civil liability according to law; The competent authorities shall impose administrative penalties according to law; If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article eighty the departments responsible for the management and supervision of pension agencies and their staff abuse of power, neglect their duties, practice favoritism, the person in charge directly responsible and other directly responsible personnel given sanctions in accordance with the law; If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 81 any person who fails to perform preferential treatment for the elderly shall be ordered by the competent department concerned to make corrections.

Article eighty-two projects involving the elderly do not conform to the standards prescribed by the state or the manager of the barrier-free facilities all people, not to exercise the responsibility of the maintenance and management, by the competent department concerned shall be ordered to correct; If the damage is caused, it shall bear civil liability according to law; To give administrative penalty to relevant units and individuals according to law; If a crime is constituted, criminal responsibility shall be investigated in accordance with the law.


Chapter ix supplementary provisions

Article eighty-three of the people's congresses of national autonomous areas may, in accordance with this law, the principle, the light of the specific conditions of the local ethnic customs and habits, in accordance with legal procedures, formulate flexible or supplementary provisions.

Article 84 the pension institutions established before the implementation of this law do not meet the requirements prescribed in this law shall be rectification within a time limit. Specific measures shall be formulated by the civil affairs department of the state council.

Article 85 this law shall come into force as of July 1, 2013.


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