China's Constitution clearly stipulates the protection of the elderly. And it is also stipulated in specific laws and regulations. Article 45 of the Constitution of China stipulates that the people of China and the citizens of China have the right to receive material assistance from the state and society in case of old age, illness or incapacity to work. The state develops social insurance, social relief and medical and health undertakings to meet the needs of citizens to enjoy these rights. China's Law on the Protection of the Rights and Interests of the Elderly stipulates the protection of the elderly from several main aspects, such as family support and service, the effectiveness of adoption, the dissolution of adoption relationship and legal responsibility. (l) A supporter refers to the children of the elderly and other persons who have the obligation to support according to law, and the spouse of the supporter shall assist the supporter in fulfilling his obligation to support. In family relations, the supporter has the following obligations to the elderly: ① The supporter should fulfill the obligations of financial support, life care and spiritual comfort to the elderly and take care of their special needs. (2) The supporter shall provide medical expenses and care for the sick elderly. Supporters shall properly arrange housing for the elderly and shall not force the elderly to move to houses with poor conditions. (4) The supporter has the obligation to cultivate the fields contracted by the elderly, take care of the trees and animals of the elderly, and the income belongs to the elderly. The freedom of marriage of the elderly is protected by law. Children or other relatives shall not interfere with the divorce, remarriage and married life of the elderly. The maintenance obligation of the supporter is not eliminated by the change of the marital relationship of the elderly. 6. The elderly have the right to dispose of personal property according to law, and children or other relatives may not interfere with or forcibly demand the property of the elderly. The elderly have the right to inherit the inheritance of their parents, spouses, children or other relatives according to law, and have the right to accept gifts. (2) In social relations, various state organs and social organizations have the following obligations to the elderly: (1) The local people's government is responsible for providing relief to the elderly who are unable to work, have no source of income, have no supporters and dependents, or their supporters or dependents are unable to support and support. For the sick old people who really can't afford medical expenses, they can give appropriate help and advocate social assistance. (2) Rural collective economic organizations undertake the five guarantees of food, clothing, housing, medical care and burial for the elderly who have no ability to work, no source of income, no supporters and dependents, or whose supporters have no ability to support and support. (3) Local people's governments at all levels should gradually increase their investment in welfare undertakings for the elderly according to the local economic development level, and the establishment of welfare undertakings for the elderly has failed. People's governments at all levels shall guide enterprises to develop, produce and operate daily necessities for the elderly to meet their needs. (3) According to the Law on the Protection of the Rights and Interests of the Elderly, under the following circumstances, if the perpetrator damages the vital interests of the elderly, and the circumstances are serious, he shall bear the corresponding criminal responsibility: ① If a state functionary violates the law and neglects his duty, resulting in damage to the legitimate rights and interests of the elderly, which constitutes a crime, he shall be investigated for criminal responsibility according to law. (2) Whoever publicly insults the elderly by violence or other means, fabricates facts, slanders or maltreats the elderly, and if the circumstances are serious enough to constitute a crime, he shall be investigated for criminal responsibility according to law. (3) Whoever violently interferes with the freedom of marriage of the elderly or refuses to support or raise the elderly, if the circumstances are serious enough to constitute a crime, shall be investigated for criminal responsibility according to law. (four) family members who steal, cheat, rob, blackmail or intentionally destroy the property of the elderly, if the circumstances are relatively minor, shall be punished in accordance with the relevant provisions of the Law on Public Security Administration Punishment; If a crime is constituted, criminal responsibility shall be investigated according to law.
Legal objectivity:
On July, 2065438, the newly revised Law on the Protection of the Rights and Interests of the Elderly was officially implemented. The new law stipulates that family members should care about the spiritual needs of the elderly and should not ignore or neglect them. Family members who live apart from the elderly should often visit or greet the elderly. This is also interpreted by the media as "often going home to see the law", and it is illegal not to visit the elderly often. At the same time, the law stipulates that the employer shall guarantee the right of the dependents to visit relatives and take vacations in accordance with relevant state regulations. I. Main Contents of the Newly Revised Law on the Protection of the Rights and Interests of the Elderly This law clearly states that the state shall establish and improve the family pension policy for the elderly, encourage family members to live with the elderly or live nearby, provide conditions for the elderly to move with their spouses or caregivers, and provide help for family members to take care of the elderly. At the same time, local people's governments at all levels should give priority to eligible elderly people when implementing low-rent housing, public rental housing and other housing security systems or rebuilding dangerous houses. In addition, the law also proposes that the state establish and improve the welfare system for 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. In addition, the Measures for Licensing the Establishment of Pension Institutions and the Measures for the Administration of Pension Institutions formulated by the Ministry of Civil Affairs will also be implemented from today. The two new regulations clearly stipulate the establishment license, legal responsibility and service content of old-age care institutions. In response to media reports that elderly people living in old-age care institutions have been deliberately abused, the Administrative Measures for Old-age Care Institutions clearly stipulates that old-age care institutions discriminate, insult, abuse and abandon the legitimate rights and interests of the elderly, or fail to sign a service agreement with the elderly or their agents, or the agreement does not meet the requirements, the civil affairs department will order them to make corrections. If the circumstances are serious, a fine of less than 30,000 yuan shall be imposed, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. Second, the interpretation of the newly revised law on the protection of the rights and interests of the elderly First, it emphasizes legal obligations rather than giving up moral norms. Law is the minimum morality, which plays a supporting role. At present, in the process of accelerating urbanization, how to meet the spiritual needs and family needs of small families and empty nesters is a problem that must be studied and solved. The reason why "always go home to see" is written into law is to focus on this social development trend and set a bottom line for the maintenance and care of the elderly, with the aim of reminding and urging people to pay more attention to fulfilling their maintenance obligations. As a legal obligation, "always go home to see" is not to give up moral publicity and education for people to continue to promote filial piety, but to support such an ethical obligation with morality and law, so that China's filial piety can be promoted and the rights and interests of the elderly can be guaranteed. Second, it is not that the obligation to provide for the aged is completely pushed to the children and the government gives up. Article 5 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the state shall establish a multi-level social security system to gradually improve the security level of the elderly. The state establishes and improves a social pension service system based on family, supported by community and supported by institutions. Advocate the whole society to give preferential treatment to the elderly. The third chapter stipulates the social security of the elderly in basic old-age care, basic medical care and basic housing from the national level with nine clauses. Article 32 stipulates that local people's governments at all levels should give priority to eligible elderly people when implementing low-rent housing, public rental housing and other housing security systems or transforming dilapidated houses. The provisions made by law are not only the responsibilities of the relevant departments, but also an important basis for the public to supervise their performance of their duties. The Law on the Protection of the Rights and Interests of the Elderly puts forward macro requirements, followed by the relevant departments to formulate specific implementation rules. For example, the Measures for the Establishment of Pension Institutions and the Measures for the Administration of Pension Institutions were adopted by the ministerial meeting of the Ministry of Civil Affairs on June 27, 20 13 on the basis of soliciting opinions from the society, and together with the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, they will be implemented from 2065438+. China's accelerated aging has brought a series of pension problems, among which the demand for pension institutions is the most prominent. The two measures promulgated by the Ministry of Civil Affairs are aimed at this outstanding problem and echo the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly. They responded to the difficulties of providing for the aged and fulfilled their government responsibilities. Third, it is not a small fight, but a rise to the will of the state. As a long-term strategic task of China, this revision of the law has become the will of the state. It not only marks that the major conclusions of scientific research on population aging have been translated into law, but more importantly, it is the concrete embodiment of fully implementing the strategic deployment of the 18th CPC National Congress, and it is the general mobilization order for the whole party and society to comprehensively respond to the challenge of population aging. Compared with the law on the protection of the rights and interests of the elderly before the revision, it adds three chapters: social preferential treatment, livable environment and participation in social development; Thirty-eight articles were amended and 38 articles were added on the basis of the original law. Generally speaking, it is one of the most revised laws since the founding of New China. In addition to meeting the desire to visit parents frequently, the policy of providing for the aged is also put forward, which takes coping with the aging of the elderly as a national strategy, including the protection of some rights and interests of the elderly, including how to provide for the elderly in the future. The scope of revision is very large, which makes the law on the protection of the rights and interests of the elderly "thoroughly remould oneself" and achieves a qualitative leap. Of course, amending the law on the protection of the rights and interests of the elderly has solved the problem of having laws to follow, and to fundamentally protect the rights and interests of the elderly, we must also solve the problem of having laws to follow. In particular, it involves issues such as social security, social services, social preferential treatment and livable environment for the elderly at the government level. It is also necessary to specifically study the implementation rules and safeguard measures to promote implementation. For example, how to increase a series of policy support for private pension institutions such as taxation and land? How to provide preferential treatment and implement it in terms of electricity and water consumption, including taxes? Also, how to prohibit discrimination, insult, abuse or abandonment of the elderly and domestic violence against the elderly? These seemingly departmental tasks essentially test how to protect the rights and interests of the elderly. Difficulties need to be overcome one by one and measures need to be implemented one by one. This not only requires children to assume obligations, but also requires the government to earnestly fulfill its responsibilities. The family, the government and the whole society should jointly shoulder their due responsibilities and obligations, so that the rights and interests of the elderly can be truly guaranteed. Three. The Ministry of Civil Affairs regulates the establishment and management of pension institutions. On June 30th, the Ministry of Civil Affairs promulgated the Measures for Licensing the Establishment of Old-age Care Institutions and the Measures for the Administration of Old-age Care Institutions, which clearly defined the licensing, legal responsibilities and service contents of old-age care institutions. These two new regulations came into effect on July 30th, 20 13. The "Licensing Measures for the Establishment of Pension Institutions" sets a threshold for the establishment of pension institutions, including the number of beds above 10, managers, professional and technical personnel and service personnel suitable for the development of services, and basic living rooms, facilities and equipment and activity places that meet the relevant norms and technical standards of pension institutions and meet the requirements of national environmental protection, fire safety, sanitation and epidemic prevention. The Measures for the Administration of Old-age Care Institutions point out that old-age care institutions should establish health records for the elderly and organize regular physical examinations; The diet provided shall meet the hygiene requirements, be conducive to the nutritional balance of the elderly, and conform to national customs and habits; When cultural, sports and recreational activities are carried out, necessary safety protection measures should be provided for the elderly.