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

（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 an

d 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.

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