(Adopted at the 21st Meeting of the Standing Committee of the
Eight 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)
Contents
Chapter I??? General
Provisions
Chapter II?? Maintenance and Support by
Families
Chapter III?? Social Security
Chapter IV?? Participation in Social
Development
Chapter V??? Legal
Responsibility
Chapter VI?? Supplementary
Provisions
Chapter I General
Provisions
Article 1 This Law is enacted in accordance with the
Constitution to protect the lawful rights and interests of the
elderly, develop the undertakings related to the
elderly?? and promote the Chinese people's virtues of
respecting and providing for the elderly.
Article 2 The elderly referred to in this Law are citizens at or
above the age of 60.
Article 3 The State and society shall take measures to improve
the social security system regarding the elderly and gradually
better the conditions that contribute toward their well-being, good
health and participation in social development, so that they are
provided for, have access to? necessary medical care, have
opportunities for their own pursuits and studies and enjoy
themselves.
Article 4 The State protects the lawful rights and interests of
the elderly.
The elderly have the right to obtain material assistance from
the State and society and enjoy the achievements in social
development.
Discriminating against, insulting, maltreating or forsaking the
elderly is forbidden.
Article 5 The people's governments at various levels shall
incorporate the undertakings related to the elderly into the plans
for national economic and social development, gradually increase
the investment in these undertakings and encourage all sectors of
society to make such investment, so that these undertakings and the
economy and society develop in a coordinated manner.
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 the
efforts made by relevant departments to protect the rights and
interests of the elderly. The specific institutions for the purpose
shall be prescribed by the State Council and the people's
governments of provinces, autonomous regions and municipalities
directly under the Central Government.
Article 6 It is the duty of the entire society to protect the
lawful rights and interests of the elderly.
State organs, public organizations, enterprises and institutions
shall, in compliance with their own functions and responsibilities,
protect the rights and interests of the elderly.
Neighbourhood committees, villagers' committees and the
organizations of the elderly established according to law shall
make known the demands of the elderly, safeguard their lawful
rights and interests and serve them.
Article 7 Throughout the community publicity and education
should be conducted in the need to establish the social values
under which the elderly are respected, taken care of and
helped.
The organizations of young people, schools and kindergartens
shall carry out education in ethics among young people and
children, so that the latter will understand the importance of
respecting and providing for the elderly. They shall also educate
young people and children in the legal system so that the latter
will understand the need of safeguarding the rights and interests
of the elderly.
Voluntary service for the elderly shall be encouraged.
Article 8 The people's governments at various levels shall
commend and award the organizations, families or individuals that
have scored outstanding achievements in safeguarding the lawful
rights and interests of the elderly and respecting and providing
for them.
Article 9 The elderly shall observe law and discipline and
perform their duties prescribed by law.
Chapter II Maintenance and Support by
Families
Article 10 The elderly shall be provided for mainly by their
families, and their family members shall care for and look after
them.
Article 11 Supporters of the elderly shall perform the duties of
providing for the elderly, taking care of them and comforting them,
and cater to their special needs.
The supporters referred to here are the sons and daughters of
the elderly and other people who are under the legal obligation to
provide for the elderly.
The spouses of the supporters shall assist them in performing
their obligation to provide for the elderly.?
Article 12 The supporters shall pay medical expenses for the
elderly suffering from illnesses and provide them with nursing
care.
Article 13 The supporters shall properly arrange for the housing
of the elderly and shall not compel the latter to move to inferior
houses.
The sons and daughters or other relatives of the elderly shall
not seize the houses owned or rent by the elderly and they shall
not, without permission of the elderly, replace the elderly as the
owners or renters of the houses themselves or by anyone else.
The supporters of the elderly have the duty to keep the houses
owned by the elderly in good repair.
Article 14 The supporters have the duty to help farm the land
the elderly contract to farm, and take care of the trees and
livestock contacted or owned by the elderly, but the earnings
therefrom shall go to the elderly.?
Article 15 The supporters shall not refuse to perform their
duties of providing for the elderly on the ground that they will
give up their right of inheritance or for any other reasons.
If? the supporters do no perform their duties of providing
for the elderly, the latter shall have the right to ask the former
for alimony.
The supporters shall not ask the elderly to do any work beyond
their ability.
Article 16 The elderly and their spouses have the duty to
support each other.
If those who were brought up by their elder brothers or sisters
can bear the burden, they shall provide for their elder brothers or
sisters should the latter do not have supporters when they are
advanced in years.
Article 17 The supporters may conclude an agreement between
themselves on their duty to provide for the elderly, subject to
approval by the latter. Neighborhood committees, villagers'
committees or the organizations of the supporters may supervise the
fulfillment of the agreement.
Article 18 The freedom of marriage of the elderly is protected
by law. Their sons, daughters or other relatives shall not
interfere in their divorce, remarriage or post-remarriage life.
The supporters shall not be relieved of the duty to provide for
the elderly because of any change in the latter's marriage.
Article 19 The elderly shall have the right to dispose of their
personal property according to law. Their sons, daughters and other
relatives shall not interfere in this matter or extort money or
anything of value from the elderly.
The elderly shall have the right to inherit the legacy of their
parents, spouses, sons, daughters or other relatives according to
law and the right to accept donations.
Chapter III Social Security
Article 20 The State establishes an old-age insurance system to
ensure the basic needs in the life of the elderly.
Article 21 The pensions and other material benefits the elderly
enjoy according to law shall be guaranteed. The organizations
concerned must regularly pay the elderly their pensions in full.
They shall not be behind in payment without reason or divert the
pensions for other purposes.
The State shall increase the pensions along with economic
development, improvement in people's living standards and increase
in the wages of workers.
Article 22 In addition to the old-age insurance system to be
established in rural areas in light of local conditions, some of
the collectively owned land, forests, bodies of water, shoals, etc.
that are not contracted out may, where possible, be made production
bases for the benefit of the elderly, and the earnings therefrom
shall be used for the elderly.
Article 23 The local people's governments shall provide relief
to the elderly in urban areas who are unable to work and have no
sources of income or supporters or whose supporters are truly
unable to provide for or support them.
With regard to the elderly in rural areas who are unable to work
and have no sources of income or supporters or whose supporters are
truly unable to provide for or support them, their food, clothing,
housing, medical care and burial expenses shall be borne by
collective economic organizations, and the people's governments of
townships, nationality townships or towns shall be responsible for
making arrangements for the matter.
Article 24 Citizens and organizations are encouraged to conclude
agreements with the elderly on their maintenance or other
agreements on their support.
Article 25 The State establishes different medical insurance
systems to meet the basic needs of? the elderly for medical
care.
When formulating medical insurance regulations, the departments
concerned shall give favourable consideration to the elderly.
The benefits enjoyed by the elderly in medical care according to
law must be guaranteed.
Article 26 When the elderly suffer from illnesses, if they
themselves and their supporters are really unable to pay their
medical expenses, the local people's governments may provide them
with appropriate aid and may also solicit help from the
community.?
Article 27 Medical institutions shall make it easy for the
elderly to get medical treatment and let those at or above the age
of 70 enjoy priority in this regard. Where conditions permit,
hospital beds may be placed in the homes of the elderly patients
and doctors are encouraged to go round to provide medical
services.
Free treatment of elderly patients is encouraged.
Article 28 The State shall take measures for promoting research
in geriatrics, training more geriatricians and improving
prevention, treatment and scientific research of geriatric
illnesses.
Education in health shall be conducted in various forms to
disseminate knowledge about health care of the elderly and enhance
their awareness of the importance for them to maintain good
health.
Article 29 When distributing, redistributing or selling their
houses, organizations shall give consideration to the needs of
their old-age ex-employees in light of the actual conditions and in
conformity with relevant standards.
Article 30 When public facilities, residential quarters and
houses are built or renovated in cities and towns, the special
needs of the elderly should be taken into consideration and
facilities suited to the daily life and activities of the elderly
shall be installed.
Article 31 The elderly shall have the right to receive continued
education.
The State develops education for the elderly and encourages the
society to run well all types of schools for the elderly.
The people's governments at various levels shall provide more
effective leadership to education for the elderly and make unified
plans for the education.
Article 32 The State and society shall take measures to carry
out cultural, sports and recreational activities of a mass
character that are suited to the elderly as to enrich their
cultural life.
Article 33 The State encourages and helps public organizations
or individuals to establish welfare institutions for the elderly
and build for them homes, apartments, rehabilitation centers, and
places to carry out cultural and sports activities, etc. The local
people's governments at various levels shall gradually increase
their investment in the welfare undertakings for the elderly and
provide more welfare facilities for them, depending on the level of
their economic development.
Article 34 To meet the needs of the elderly, the people's
governments at various levels shall provide guidance to enterprises
in developing, producing and dealing in the daily necessities of
the elderly.
Article 35 Community services shall be developed. Service
facilities and networks for the daily life, cultural and sports
activities, nursing and rehabilitation of the elderly shall be
gradually installed and established.
The tradition of mutual-aid between neighbors shall be promoted
and neighbors of the elderly are encouraged to take care of and
help the elderly in need.
Volunteers shall be encouraged and supported in their effort to
serve the elderly.
Article 36 The local people's governments at various levels may,
in light of the local conditions, give the elderly preferential
treatment when they visit places of interest and take public
transport facilities.
Article 37 The elderly in rural areas shall not undertake
voluntary labour or labour for public accumulation fund.
Article 38 Radio programs, films, television programs,
newspapers and periodicals shall serve the elderly by covering
their life and publicize the need to safeguard their lawful rights
and interests.
Article 39 If the elderly really have difficulty in paying the
cost of lawsuits they bring against infringement on their lawful
rights and interests, they may postpone paying it, pay a smaller
amount or be exempted from it. If they need the assistance of
lawyers but cannot afford to pay for it, they may get legal
aid.
Chapter IV Participation in Social
Development
Article 40 The State and society shall attach importance to and
cherish the knowledge, skills and revolutionary and construction
experience of the elderly, set great store by their fine moral
characters and give play to their special skills and role. Article
41 The State shall create conditions for the elderly to take part
in the promotion of socialist material, cultural and ethical
progress. If society so needs and if conditions permit, the elderly
shall be encouraged to engage in the following activities on a
voluntary basis and according to their capacity:
(1) to help educate young people and children in socialism,
patriotism, collectivism and hard work and other fine
traditions;
(2) to pass on their cultural, scientific and technological
knowledge;
(3) to provide consultancy service;
(4) to take part in the development and application of science
and technology according to law;
(5) to engage in business and production according to law;
(6) to establish public welfare undertakings;
(7) to take part in maintaining public order and help mediate
disputes between people;
(8) to participate in other social activities.
Article 42 The lawful earnings of the elderly from their work
are protected by law.
Chapter V Legal Responsibility
Article 43 When the lawful rights and interest of the elderly
are infringed upon, they or their agents shall have the right to
refer the matter to the department concerned or bring a lawsuit to
a People's Court according to law.
The People's Court and the department concerned shall, without
delay, accept and handle the complaints, charges against or
exposures of the infringement of the lawful rights and interests of
the elderly according to law.
Article 44 Departments or organizations that do not perform
their duties to protect the lawful rights and interests of the
elderly shall be educated through criticism by the competent
departments at the higher level and be ordered to correct their
mistakes.
State functionaries who impair the lawful rights and interests
of the elderly because of their dereliction of duty in violation of
law, the organizations where they are employed or the organs at the
higher level shall order them to correct their mistakes or shall
give them administrative sanctions. If the case constitutes a
crime, criminal responsibility shall be pursued according to
law.
Article 45 When the elderly have disputes with their family
members over their support, or over housing or property, they may
ask the organizations where their family members are employed, the
neighbourhood committees or the villagers' committees to mediate.
They may also bring a lawsuit directly to a People's Court.
If the family members are found to be in the wrong through
mediation of the disputes mentioned in the preceding paragraph,
they shall be educated through criticism and ordered to correct
their mistakes.
When the elderly apply to a People's Court to claim alimony or
payments for support, the Court may order advance execution
according to law.
Article 46 Whoever insults the elderly in public by violence or
other means, slanders them or maltreats them, if the case is not
serious, shall be punished in accordance with the relevant
provisions of the Regulations on Administrative Penalties for
Public Security; if the case constitutes a crime, his criminal
responsibility shall be pursued according to law.
Article 47 Whoever interferes with the freedom of marriage of
the elderly by violence or refuses to provide for or support the
elderly whom he has the duty to provide for or support, if the case
is serious and thus constitutes a crime, shall be investigated for
criminal responsibility according to law.
Article 48 The family members of the elderly who steal, defraud,
seize, extort or deliberately damage the property of the elderly,
if the case is not serious, shall be punished in accordance with
the relevant provisions of the Regulations on Administrative
Penalties for Public Security; if the case constitutes a crime,
they shall be investigated for criminal responsibility according to
law.
Chapter VI Supplementary Provisions
Article 49 The people's congresses of national autonomous areas
may, in accordance with the principles of this Law, in light of the
special customs and habits of the local nationalities and in
pursuance of legal procedures, formulate regulations which may be
variant from or supplementary to this Law.
Article 50 This Law shall go into effect as of October 1,
1996.
Source; NPC