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

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 ord

er 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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