How to better realize "old age".
Procuratorial public interest litigation is diversified to solve the problem of protecting the rights and interests of the elderly, and cohesion holds up the "sunset red".
Whether a society is happy or not, it is very important to see whether the elderly are happy or not. ”
According to data from the National Bureau of Statistics, as of the end of 2023, there are more than 2 elderly people aged 65 and above in China100 million people, accounting for 15 percent of the country's total population4%。It is the common aspiration of the whole society that the elderly should be supported, depended on, happy, and secure. How to improve the health service system for the elderly, and how to make everyone's old age live a stable and steady life? This is the challenge facing China, which is accelerating its aging population.
Since the 18th National Congress of the Communist Party of China, under the leadership of Comrade Xi as the core, China has practiced the "China Plan" to actively respond to the aging of the population, and promoted the solution of the practical needs of the elderly in terms of pension, health, spiritual and cultural life, and social participation. With the changes in social development, family structure, governance model and other aspects brought about by aging, how should procuratorial public interest litigation escort "providing for the elderly, respecting the elderly, and respecting the elderly"?
The old are supported:
Age-appropriate transformation, so that the elderly become "enjoy the old".
Hang an ophthalmology number. As soon as the words fell, Uncle Zhang's mobile phone in Chengdu, Sichuan Province simultaneously opened the ** interface of the ophthalmology department of the People's Hospital of Tianfu New Area, Sichuan. With one click of the "voice assistant" button, you can get information about departments and doctors without typing. With the help of this new feature, Uncle Zhang successfully hung up.
Uncle Zhang, who is in his 70s this year, told reporters while skillfully operating: "A few years ago, I suffered from Parkinson's syndrome, my hands trembled so badly, and it was difficult to pick up **, let alone surf the Internet." Nowadays, the applet has added a new 'elderly care version' interface, which can realize functions such as card creation and payment with your mouth, which is particularly convenient! ”
What makes Uncle Zhang even more pleased is that the People's Hospital of Tianfu New Area, Sichuan Province, for elderly users, in addition to adding "voice assistant" to the "** interface" that provides diagnosis and treatment services, also sets up functions such as font enlargement and "one-click call". If the elderly still have difficulties in operating their mobile phones, they can make an appointment with one click**, and the manual customer service will help to complete it**.
Ye Liwen, the prosecutor of the Fourth Procuratorate Department of the Sichuan Tianfu New District Procuratorate (Sichuan Free ** Pilot Zone Procuratorate), who came to carry out "looking back", was very pleased to see this scene and told reporters about the process of adapting the Internet application to the hospital for the elderly.
In April 2022, the Sichuan Tianfu New District Procuratorate relied on the "two-way connection and transformation" mechanism of public interest litigation procuratorial suggestions, people's congress deputies' suggestions, and CPPCC members' proposals, and found from 289 deputies' suggestions and CPPCC proposals that the online appointment procedures for Internet intelligent services in medical institutions in the jurisdiction are cumbersome and the page operation is complicated, resulting in difficulties for the elderly over 60 years old to seek medical treatment, and this problem has attracted great attention from the society.
Subsequently, the Sichuan Tianfu New District Procuratorate selected Huayang Street, which has the highest proportion of elderly population and the largest base, as the entry point, and found that the service settings of Sichuan Tianfu New Area People's Hospital and Huayang Community Health Service Center in the official **, WeChat"** and other interfaces do not meet the relevant requirements of the Law on the Protection of the Rights and Interests of the Elderly and the "Implementation Plan for Effectively Solving the Difficulties of the Elderly in Using Intelligent Technology" on the relevant requirements of the elderly. The work of adapting Internet applications to the elderly is relatively lagging behind, and the implementation of social preferential treatment policies for the elderly is not in place, harming the public interest. In order to demonstrate the necessity of supervision, the hospital and the volunteers of "Benefiting the Public" jointly carried out questionnaire surveys to the elderly, and also invited district people's congress deputies and CPPCC members to hold discussions, and organized people's supervisors and relevant units to hold public hearings. All parties believe that there is indeed a practical need for medical institutions to carry out Internet application adaptation for the elderly.
In September 2022, the Sichuan Tianfu New District Procuratorate sent a procuratorial recommendation to the relevant administrative units, urging them to perform their regulatory duties on the lagging transformation of Internet medical services for the elderly in the medical institutions involved in the case, and protect the legitimate rights and interests of the elderly. After receiving the procuratorial suggestion, the relevant administrative management unit immediately requested the relevant medical institution to rectify the problem of lagging Internet application for the elderly.
In April 2023, our hospital organized some elderly people in the jurisdiction to conduct a discussion and return visit, and distributed more than 50 questionnaires, and the elderly fully affirmed the procuratorial organs' role in public interest litigation to promote the protection of the rights and interests of the elderly, and spoke highly of the convenience brought by the medical institution's APP after the transformation of the app for the elderly. Ye Liwen said.
The Sichuan Tianfu New District Procuratorate invited representatives of the elderly to pay a return visit on the effectiveness of the administrative public interest litigation case of the Internet adaptation and transformation of medical institutions.
Information accessibility is an important part of the construction of a barrier-free environment, and it is also an inevitable requirement for building an information society in an all-round way and promoting social fairness and justice. The procuratorial organs focus on the 'digital divide' caused by modern information technology to the elderly in seeking medical treatment, urge relevant functional departments to perform their regulatory duties in accordance with the law, promote the improvement of the level of information accessibility in medical institutions, so that the elderly can obtain medical services equally, conveniently and safely, and help build an age-friendly 'park city', so that the elderly can have a greater sense of gain, happiness and security in the development of informatization. ”Wang Qi, deputy to the National People's Congress, vice chairman of the Sichuan Federation of Industry and Commerce, chairman of the Sichuan Tianfu New Area Chamber of Commerce, and chairman of Sichuan Qiyang Automobile GroupDenote.
This is just a microcosm of the judicial protection provided by the procuratorial organs to protect the legitimate rights and interests of the elderly. In order to strengthen the construction of a barrier-free environment and gradually improve and protect the life, health, and safety of the elderly, procuratorial organs in many places have successively carried out special supervision activities for public interest litigation on the construction of a barrier-free environment.
Since 2020, the Zhejiang Provincial Procuratorate has taken the lead in exploring and carrying out public interest litigation on barrier-free environment construction in the country, and has successively deployed and carried out special supervision of public interest litigation on barrier-free environment construction and the promotion action of "Benefiting the Disabled" to promote the improvement and iteration of barrier-free environment construction in facility construction, information exchange, and social services. Over the past three years, the provincial procuratorate has filed and handled 330 public interest litigation cases for the construction of a barrier-free environment, issued 307 pre-trial procuratorial suggestions to administrative organs, and promoted the improvement of 3,586 barrier-free facilities, information exchanges, and social service sites.
The Shanghai Pudong New Area Procuratorate has carried out special supervision work on public interest litigation on the construction of a barrier-free environment, focusing on the practical problems faced by the elderly and other groups in transportation, medical treatment, daily life, and cultural needs, focusing on the problems of the barrier-free environment in public service venues, major roads, commercial districts, residential areas and other key areas, and promoting the transformation of 1,167 barrier-free facilities in the whole region, so as to comprehensively improve the level of regional barrier-free environment construction.
The procuratorate has used public interest litigation to promote the improvement of barrier-free construction and effectively protect the rights and interests of the elderly and other groups, which has achieved remarkable results and won unanimous praise from the public.
Old and Peaceful:
A happy life in a senior care center
Approaching the Spring Festival, the weather in Tongcheng County, Hubei Province is cold, and there are few pedestrians on the street. A condolence activity is being carried out, and the community dance team has performed a wonderful cultural program for the elderly.
This "hidden" elderly care center in the old community has a relatively secluded environment and can accommodate 260 elderly people. Here, Aunt Li's care problem has been solved, and it is more convenient for her children to visit the elderly.
Hold monthly symposiums to listen to the opinions of the elderly on diet, and try their best to meet individual needs while ensuring a reasonable diet; Cooperate with medical and health institutions that have signed contracts for the integration of medical care and elderly care to provide professional services for the elderly; Regular bathing, haircuts, pedicures, ...... for the elderlyLiving in such an elderly care center, Aunt Li feels both down-to-earth and comfortable.
There are still many elderly people like Aunt Li who live alone in Tongcheng County. How to promote the comprehensive rectification of pension institutions with a systematic concept, continuously improve the health management and service level of the elderly, and promote the pension industry and the pension industry are the topics that the procuratorial organs continue to explore.
In March 2023, the Tongcheng County Procuratorate found that there may be hidden dangers in food, fire safety and other aspects of elderly care institutions in the jurisdiction in the performance of their duties. Through on-site access to relevant license business certificates, nursing home management ledgers, access to administrative agency records, and questioning relevant staff, the hospital found that 13 elderly care institutions in the county did not apply for food business licenses, employees did not apply for health certificates, and used expired and spoiled food materials; In terms of fire safety, there are problems such as fire hydrant alarm damage and inability to produce water normally. At the same time, 4 of the elderly care institutions have infirmaries or nursing stations that have not been registered with the Health Bureau. In April 2023, the Tongcheng County Procuratorate filed a public interest lawsuit on this clue.
Township public pension institutions have the nature of basic and non-profit, and are ideal places for the local elderly to care for the elderly. Therefore, the problems that threaten the life, health and safety of the elderly must be solved as soon as possible. Li Hongying, deputy director of the Fourth Procuratorate Department of the Tongcheng County Procuratorate, told reporters that one month after the case was filed, the procuratorate organized relevant administrative organs and territorial townships to hold public hearings to clarify the responsibilities of all parties and form a joint rectification plan. The hospital also issued procuratorial suggestions to the Tongcheng County Market Supervision and Administration Bureau, the County Health Bureau, and the County Fire and Rescue Brigade, and issued consultation opinions to six territorial townships and towns.
In July 2023, the relevant administrative units replied to the procuratorate in writing that all rectifications have been implemented in accordance with the law: Tongcheng County ** issued the "Tongcheng County Elderly Care Institutions Safety Inspection Work Plan" after research, and the County Market Supervision and Administration Bureau punished the illegal acts of the relevant elderly care institutions, urged them to apply for food business licenses and other documents, formulated a food safety management system, and trained the managers and practitioners of 13 elderly care institutions; The county health bureau urged the employees of the elderly care institutions to apply for health certificates, improve the medical service filing system, and arrange regular physical examinations for the elderly; The county fire and rescue brigade, together with the heads of the county civil affairs bureau, the county market supervision bureau, the townships and other departments and units involved in the case, carried out joint fire safety inspections on the 13 pension institutions involved in the case, and rectified the 57 problems found. Three months later, the Tongcheng County Procuratorate carried out a "retrospective" to verify that all the problems involved in the case had been rectified.
Prosecutors from the Zhenjiang Municipal Procuratorate in Jiangsu Province went to the elderly care facility to supervise safety issues.
In the field of pension services, there are not only hidden dangers that threaten the life, health and safety of the elderly, but also the risk of crimes that infringe on property safety. In this regard, the procuratorate continued to follow up, resolutely eradicate the breeding ground for pension crimes, squeeze the "space for fraud" to the greatest extent, and protect the "pension money" of the elderly.
Since 2017, there have been a number of illegal and criminal acts of elderly care institutions selling pension apartments and beds to the elderly in the name of "social welfare centers" or "healthy pension projects" in Baotou City, Inner Mongolia Autonomous Region, resulting in more than 3,400 elderly people being deceived and losing 93.09 million yuan. At the same time, the Baotou Municipal Procuratorate pursued the criminal responsibility of the relevant criminal suspects in accordance with the law, and in view of the fact that the administrative departments did not have the prevention, monitoring and early warning of illegal fund-raising by the pension service institutions, resulting in the infringement of the legitimate rights and interests of the unspecified elderly, through the formulation and issuance of procuratorial suggestions, urged them to establish a "red, orange, yellow and green" risk management and control list with a high to low risk level, and made use of the advantages of streets and communities to extend publicity and monitoring tentacles, increase publicity and publicity, and promote the establishment of a normalized mechanism for preventing pension fraud.
The Baotou City Procuratorate of the Inner Mongolia Autonomous Region held a public hearing on the protection of the rights and interests of the elderly, and formulated and issued procuratorial recommendations.
In a place with 2How can a developing country with a population of 800 million people over 60 years old achieve a sense of security? In recent years, China's elderly care service supply capacity has been continuously enhanced, and by vigorously improving the community home-based elderly care service network, it has gradually built a pension service system that coordinates home-based community institutions and combines medical care and health care, and as of the end of 2022, there are 38 types of elderly care institutions and facilities in the country70,000.
In the new era, the 'smart pension' model spawned by new technologies such as intelligence and digitalization has enabled more and more elderly people to enjoy safe and comfortable products and services. At present, there is still a gap between the quality and level of elderly care services in urban and rural areas. Under the circumstance that the ability to pay is not strong and the market-oriented mechanism is limited, it is urgent to tap and integrate the unique resources of rural areas and explore a pension service model that is more suitable for rural characteristics. ”Li Longqi, deputy to the National People's Congress and vice president of Taihe Hospital in ** City, Hubei ProvinceTold reporters.
In 2024, the "No. 1 Document" clearly requires that the rural pension service system be improved, the construction of regional pension service centers will be promoted according to local conditions, and the development of rural elderly meal assistance and mutual aid services will be encouraged. Improve the incentive mechanism of basic old-age insurance for urban and rural residents. The Supreme People's Procuratorate has made corresponding arrangements in the Notice on Giving Full Play to the Procuratorial Functions of Public Interest Litigation to Serve the "Three Rurals" and Promote Rural Revitalization. "We have always adhered to the bottom-line thinking when carrying out procuratorial public interest litigation for the protection of the rights and interests of specific groups, identified weak links and outstanding problems, and supervised and safeguarded the implementation of relevant legal and policy measures. In this regard, Qiu Jinghui, deputy director of the Eighth Procuratorate of the Supreme People's Procuratorate, made a further interpretation.
Something to rely on:
Establish a sound social support system
If one person is disabled, the whole family is out of balance", expressing the pressure of countless disabled elderly families.
Wang Haidong, director of the Department of Aging and Health of the National Health Commission, said at a press conference held by the National Health Commission that an important reason for the serious shortage of health services for the disabled elderly is that a stable mechanism for the payment of care fees for the disabled elderly has not been established.
In the interview, a number of experts said that China's aging population has the characteristics of growing old before getting rich, and a long-term care insurance can ensure that the elderly can pay and enjoy the care services they need.
The so-called long-term care insurance refers to a system that shares and compensates the expenses incurred by the insured due to long-term care services by giving full play to the risk sharing and mutual aid functions of insurance, and mainly protects the disabled and dementia elderly. In 2016, China issued the "Guiding Opinions on Carrying out the Pilot of the Long-term Care Insurance System" to pilot the long-term care insurance system in 15 cities. The report of the 20th National Congress of the Communist Party of China clearly called for the establishment of a long-term care insurance system.
Shanghai, one of the first pilot cities in China, launched a pilot program for long-term care insurance in 2016. In May 2022, in the process of handling the fraud case of Xu Moumou and others, the criminal prosecution department of the Jiading District Procuratorate of Shanghai found that the criminal suspect took advantage of the management loophole that he could settle the workload and pay remuneration only by punching in and out of his mobile phone and signing and confirming by the object of care, and borrowed other people's nursing certificates, falsely reported the frequency and duration of work, and defrauded medical insurance**, exposing the negligence of the administrative organ in the management of long-term care insurance, so he transferred the clue to the public interest litigation prosecution department.
By reviewing the ledger records of the nursing station and related medical assessment institutions involved in the case, and at the same time in-depth interviewing the nursing staff and nursing objects, medical assessment personnel and staff of the estimation agency, we analyzed and judged the regulatory problems existing in the design and material review of the relevant systems of long-term care insurance in the region, and further promoted the development and application of the data supervision model, compared the social security payment records, attendance records, and nursing records of the nursing staff, screened out abnormal data, investigated and dealt with them in a timely manner, and did a good job in the integrated supervision of procuratorial public interest litigation. Zhang Fangyong, director of the Public Interest Procuratorate of the Jiading District Procuratorate of Shanghai, who handled the case, told reporters.
In view of the fact that the Jiading District Medical Security Bureau, which has management responsibilities for the long-term care insurance business, and the District Health Commission, which has management responsibilities for medical care service institutions and evaluation institutions, have problems such as lax review of the evaluation standards for elderly care, which makes it easy for nursing staff to defraud long-term care insurance**, and the two departments did not conduct a comprehensive investigation of other nursing institutions in the jurisdiction in a timely manner after the fraud case, the Jiading District Procuratorate issued procuratorial suggestions to the two departments respectively, urging them to conduct self-inspection of the long-term care insurance business and nursing institutions in the jurisdiction. Formulate and implement a review and review mechanism and third-party supervision mechanism for assessment results, and at the same time strengthen the special governance of the nursing industry in the district, and improve the supervision and management system of nursing institutions and nursing staff.
Within the two-month rectification period, the Jiading District Medical Security Bureau and the Health Commission formulated and issued the "Key Points of the Pilot Work of Long-term Care Insurance in Jiading District in 2022", "Pilot Work Plan for Carrying out the Management Department's Initiation of Long-term Care Insurance Status Assessment", "Notice on Carrying out Financial Self-examination and Self-Correction Work" and other documents, which further standardize the acceptance process, evaluation standards, industry management, supervision methods, and organizational guarantees of long-term care insurance, and use multiple information means to plug management loopholes. and carried out joint inspections of 18 home service agencies and 1 assessment agency in the jurisdiction, and a total of more than 130,000 yuan of long-term care insurance was recovered and a fine of more than 50,000 yuan was imposed.
The prosecutor of the Jiading District Procuratorate of Shanghai went to the nursing station in the jurisdiction to carry out a "retrospective".
With the in-depth promotion of the construction of financial powers such as inclusive finance, pension finance and digital finance, the elderly group and old-age security have become the top priority of financial consumption and financial support. The procuratorial public interest litigation on the loophole of 'long-term care insurance' has exemplary significance and warning effect. Qiu Jinghui told reporters.
In recent years, procuratorial organs across the country have focused on the protection of the rights and interests of the elderly, striving to provide high-quality and efficient procuratorial services, and continuously strengthening the legal protection of the elderly while reducing the burden of litigation among the elderly. In order to solve the problem of the weak litigation ability of groups such as the elderly, the Supreme People's Procuratorate issued the Guidelines for Civil Prosecution Departments to Support Prosecution in March 2022; In December 2022, the Supreme People's Procuratorate released a series of typical cases (the tenth batch) of "Procurators Do Practical Things for the People" with the theme of safeguarding the legitimate rights and interests of the elderly. In June 2023, the Supreme People's Procuratorate released a ...... of 6 typical cases of cracking down on pension fraud
Qiu Jinghui introduced that although there is no procuratorial public interest litigation clause in the Law on the Protection of the Rights and Interests of the Elderly, the elderly and their legitimate rights and interests have been given special protection as key targets in the statutory areas of procuratorial public interest litigation such as personal information protection, anti-telecom network fraud, protection of women's rights and interests, and barrier-free environment construction. Each region's procuratorial public interest litigation for the protection of the rights and interests of the elderly may rely on the relevant legally-prescribed fields to pinpoint illegality, grasp the justiciability, and strive to achieve the best case-handling results with higher efficiency and lower costs.
The public interest litigation prosecution department of the Baodi District Procuratorate of Tianjin Municipality and the prosecutors of the criminal prosecution department discussed the evidence and public interest damage in cases involving the elderly.
The old and the old. In a society with an increasing proportion of the elderly, promoting the construction of an age-friendly society is not only to reflect humanistic care, but also to meet the rigid needs of society. This requires the joint efforts of social organizations and the public to gather a strong joint force of co-construction and co-governance, and implement the development of the cause of serving the country's aging in action, so that more elderly people can have a higher quality of happy life in their old age.
*:Procuratorate**·Public Welfare Weekly Reporter: Yang Lujia).