Compared with European and American countries, Chinese have a weak sense of law. This is especially true for the elderly. This is not only detrimental to the protection of the rights and interests of the elderly, but also to the next generation.
1. Protection of rights and interests
Rights and interests refer to the rights and interests of citizens protected by law. The protection of the rights and interests of the elderly is mainly embodied in the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly. This law was adopted at the 21st Session of the Standing Committee of the Eighth National People's Congress on August 29, 1996, and amended for the third time at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018.
The law regulates the rights and interests of the elderly in six areas. I paraphrase the interpretation of ** here.
Article 366 of the Civil Code of the People's Republic of China stipulates that the owner of the right of residence has the right to occupy and use the usufruct of another person's residence in accordance with the contract, so as to meet the needs of living and living. This means that without a real estate certificate, the elderly can also be legally guaranteed by establishing the right of residence, and truly realize that the elderly have a place to live.
Article 1067 of the Civil Code of the People's Republic of China stipulates that parents who fail to perform their obligation to support adult children, lack the ability to work or have difficulties in living have the right to demand alimony from their adult children. This means that all children who are financially able should support their parents who are unable to work and are unable to make ends meet.
Article 33 of the Civil Code of the People's Republic of China stipulates that an adult with full capacity for civil conduct may consult with his close relatives or other individuals or organizations willing to serve as guardians in advance to determine his or her guardian in writing, and when he or she loses or partially loses his or her capacity for civil conduct, the guardian shall perform guardianship duties.
This means that the scope of guardianship can be a close relative or another individual or organization.
Article 21 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that the freedom of marriage of the elderly shall be protected by law. Children or other relatives must not interfere with the divorce, remarriage, or post-marital life of the elderly. The maintenance obligation of the supporter is not extinguished by changes in the marital relationship of the elderly.
This means that before remarriage, elderly friends can use prenuptial agreements, property notarization and other forms to make written agreements on property to avoid disputes after marriage.
Article 33 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that the State shall establish and improve a welfare system for the elderly, and increase the social welfare of the elderly in accordance with the level of economic and social development and the actual needs of the elderly.
The State encourages localities to establish a system of old-age allowance for low-income seniors over the age of 80. The State shall establish and improve a system of support for the elderly in family planning families. Rural areas can use part of the land, forests, water surfaces, tidal flats, etc., which are not contracted collectively, as pension bases, and the income can be used for the elderly to provide for the elderly.
Article 18 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that family members should care about the spiritual needs of the elderly and must not ignore or neglect the elderly.
This means that family members who live separately from the elderly should visit or greet the elderly person frequently. The employer shall, in accordance with the relevant provisions of the State, guarantee the right of the supporter to take leave for family visits. Illustration: "Always go home and see" into the law.
In addition, the law stipulates that the State shall provide basic living, medical care, housing or other assistance to the elderly who are in financial difficulty.
Among them, this includes legal remedy. "Law on the Protection of the Rights and Interests of the Elderly" If the elderly have difficulties in filing a lawsuit and paying litigation fees because their lawful rights and interests have been infringed, they may postpone, reduce or waive the payment; Where it is necessary to obtain the assistance of a lawyer but cannot afford to pay for a lawyer, legal aid may be obtained. Encourage law firms, notary offices, basic-level legal service offices, and other legal service organizations to provide free or discounted services to the elderly with financial difficulties. (Yang Xuexian).