中华人民共和国老年人权益保障法（2018修正），1996年8月29日第八届全国人民代表大会常务委员会第二十一次会议通过 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正 2012年12月28日第十一届全国人民代表大会常务委员会第三十次会议修订 根据2015年4月24日第十二届全国人民代表大会常务委员会第十四次会议《关于修改〈中华人民共和国电力法〉等六部法律的决定》第二次修正 根据2018年12月29日第十三届全国人民代表大会常务委员会第七次会议《关于
Law of the People’s Republic of China on the Protection of the Rights and Interests of the Elderly (2018 Revision)
（1996年8月29日第八届全国人民代表大会常务委员会第二十一次会议通过 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正 2012年12月28日第十一届全国人民代表大会常务委员会第三十次会议修订 根据2015年4月24日第十二届全国人民代表大会常务委员会第十四次会议《关于修改〈中华人民共和国电力法〉等六部法律的决定》第二次修正 根据2018年12月29日第十三届全国人民代表大会常务委员会第七次会议《关于修改〈中华人民共和国劳动法〉等七部法律的决定》第三次修正）
(Adopted at the 21st session of the Standing Committee of the 8th National People's Congress on August 29, 1996; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009; revised at the 30th session of the Standing Committee of the 11th National People's Congress on December 28, 2012; amended for the second time according to the Decision on Revising Six Laws including the Electric Power Law of the People's Republic of China passed at the 14th session of the Standing Committee of the 12th National People's Congress on April 24, 2015; and amended for the third time according to the Decision on Revising Seven Laws Including the Labor Law of the People's Republic of China passed at the 7th session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is enacted in accordance with the Constitution to protect the lawful rights and interests of the elderly, develop the undertakings related to the elderly and promote the Chinese people's virtues of respecting, providing for and helping the elderly.
Article 2 The elderly referred to in this Law are citizens at or above the age of 60.
Article 3 The State protects the lawful rights and interests of the elderly.
The elderly have the right to obtain material assistance from the State and the society, to enjoy social services and social preferential treatments, to participate in social development and share the development achievements.
It is forbidden to discriminate against, insult, maltreat or abandon the elderly.
Article 4 It is a long-term strategic task for the country to actively respond to the aging of the population.
The State and society shall take measures to improve various systems for protection of the rights and interests of the elderly and gradually better the conditions that contribute toward their well-being, good health, safety and participation in social development, so that they are provided for, have access to necessary medical care, have opportunities for their own pursuits and studies and enjoy themselves.
Article 5 The State will establish a multi-level social security system, and gradually improve the level of social security for the elderly.
The State shall establish and improve the home-based elderly care system which is backed by communities and supported by institutions.
Advocate the preferential treatment of the elderly.
Article 6 People's governments at all levels shall incorporate the undertakings related to the elderly into the plans for national economic and social development, include the funds used for these undertakings into their budgets, establish a stable funds guarantee mechanism, and encourage investment from all sectors of society, so that these undertakings and the economy and society develop in a coordinated manner.
The State Council shall formulate a national plan on the elderly. People's governments at the county level or above shall, in accordance with the national development programs for the undertakings related to the elderly, formulate the development programs and annual plans for the undertakings related to the elderly within their respective administrative regions.
The institutions responsible for the work relating to the elderly under the people's governments at or above the county level shall be responsible for organizing, coordinating, guiding and urging the work relating to the protection of the rights and interests of the elderly by the relevant departments.
Article 7 It is the common responsibility of the entire society to protect the legitimate rights and interests of the elderly.
State organs, social groups, enterprises, public institutions and other organizations shall, according to their respective functions and responsibilities, protect the rights and interests of the elderly.
Grassroots autonomous organizations and organizations of the elderly established in accordance with the law shall make known the demands of the elderly, safeguard their legitimate rights and interests and serve them.
Voluntary service for the elderly is advocated and encouraged.
Article 8 The State shall educate the people about our country's aging population, and enhance the awareness of actively responding to the aging population.
Publicity and education should be conducted throughout the society to establish the social values under which the elderly are respected, taken care of and helped.
The organizations of young people, schools and kindergartens shall carry out moral and legal education among young people and children, so that the latter will have the right to respect, provide for and help the elderly.
Radio programs, films, television programs, newspapers, periodicals and the Internet shall serve the elderly by covering their life and publicizing the need to safeguard their lawful rights and interests.
Article 9 The State supports the scientific research on the elderly, and establishes the system for statistical survey into and release of the situation of the elderly.
Article 10 People's governments at various levels and relevant local departments shall, in accordance with relevant State regulations, commend or reward the organizations, families or individuals that have made remarkable achievements in protecting the lawful rights and interests of the elderly or in respecting, providing for or helping the elderly, as well as the elderly who have made outstanding contributions to social development.
Article 11 The elderly shall observe law and discipline and perform their duties prescribed by law.
Article 12 The ninth day of the ninth lunar month in each year is designated as the Elderly Day.
Chapter 2 Support and Maintenance by Families
Article 13 The elderly shall be provided for mainly by their families at home, and their family members shall respect, care for and look after them.
Article 14 Supporters of the elderly shall perform the obligations to financially provide for the elderly, take care of them in daily life and spiritually comfort them, and cater to their special needs.
Supporters refer to the sons and daughters of the elderly and other people who are under the legal obligation to support the elderly.
The spouses of the supporters shall assist the supporters in performing their obligation to provide for the elderly.
Article 15 Supporters shall make sure the elderly suffering from illnesses receive timely treatment and care, and pay medical expenses for those suffering from financial difficulties.
For the elderly who cannot take care of themselves, the supporters shall take care; if the elderly cannot take care in person, they may entrust others or elderly care institutions as willed by the elderly to take care.
Article 16 Supporters shall properly arrange for the housing of the elderly and shall not compel the latter to live in or move to inferior houses.
The sons and daughters or other relatives of the elderly shall not seize the houses owned or rented by the elderly, nor shall they, without permission of the elderly, change the property right or leasehold relationship.
The supporters of the elderly have the duty to keep the houses owned by the elderly in good repair.
Article 17 Supporters have the duty to help farm or entrust others to farm the land the elderly contract for, and take care of the trees and livestock of the elderly, but the earnings therefrom shall go to the elderly.
Article 18 The family members of the elderly shall care about the spiritual needs of the elderly, and shall not ignore or desolate the elderly.
The family members who live apart from the elderly shall visit or send regards to the latter on a regular basis.
Employers shall guarantee the right to home leave and family visit for the supporters in accordance with the relevant provisions of the State.
Article 19 Supporters may not refuse to perform their duties of providing for the elderly on the ground that they will give up their right of inheritance or for any other reasons.
If supporters do not perform their duties of providing for the elderly, the latter have the right to demand support payments from the former.
Supporters shall not ask the elderly to work beyond their ability.
Article 20 With the consent of the elderly, an agreement may be concluded among the supporters on the performance of their obligations to support the elderly. The content of the maintenance agreement shall not violate laws or the wishes of the elderly.
Grassroots autonomous organizations, organizations of the elderly or units where the supporters are employed shall supervise the fulfillment of the agreement.
Article 21 The freedom of marriage of the elderly is protected by law. Their sons, daughters or other relatives shall not interfere in their divorce, remarriage or married life.
The maintenance obligation of the supporter shall not be eliminated due to the change of the marriage relationship of the aged person.
Article 22 The elderly have the right to possess, utilize, profit from and dispose of their personal property in accordance with the law, and their children or other relatives may not interfere, and may not infringe upon the property rights and interests of the elderly by stealing, cheating, extorting or other means.
The elderly have the right to inherit the legacy of their parents, spouses, children or other relatives according to law and the right to accept donations. Their sons, daughters or other relatives may not encroach upon, seize, transfer, conceal or destroy the property that shall be inherited or accepted by the elderly.
In disposal of the elderly's property under a will, a necessary portion of such property shall be reserved for the elderly's spouses according to law.
Article 23 The elderly and their spouses have the duty to support each other.
If those who were brought up by their elder brothers or sisters can bear the burden, they shall provide for their elder brothers or sisters should the latter do not have supporters when they are advanced in years.
Article 24 If the supporters do not perform their duties of providing for the elderly, grassroots autonomous organizations, organizations of the elderly or the units where the supporters are employed shall urge them to perform such duties.
Article 25 Domestic violence against the elderly is prohibited.
Article 26 The elderly with full capacity for civil conduct may determine their guardians through consultation among their close relatives or other individuals or organizations who are close to them and willing to assume the guardianship responsibility. When the elderly lose all or part of their capacity for civil conduct, their guardians shall bear the guardianship responsibility according to law.
If the elderly fail to determine their guardians in advance, when they lose all or part of their capacity for civil conduct, their guardians shall be determined in accordance with the relevant laws.
Article 27 The State shall establish and improve the family-based elderly care support policies, encourage family members to live together with or close to the elderly, create conditions for the migration of the elderly with their spouses or supporters and provide help for family members in taking care of the elderly.
第三章 社 会 保 障
Chapter Three Social Protection
Article 28 The State establishes an endowment insurance system to ensure the basic needs in the life of the elderly.
Article 29 The State establishes a basic medical insurance system to ensure the basic needs of the elderly for medical care. The government shall grant subsidies for individual contributions by the elderly who enjoy subsistence allowances and from eligible low-income families to the new rural cooperative medical system and basic medical insurance for urban residents.
When formulating medical insurance regulations, the departments concerned shall give favorable consideration to the elderly.
Article 30 The State will gradually make long-term efforts to ensure the nursing needs of the elderly are satisfied.
For the elderly who cannot take care of themselves for a long time and have financial difficulties, local people's governments at all levels shall grant nursing subsidies to them in light of the seriousness of their disability.
Article 31 The State provides assistance to the elderly with financial difficulties in terms of basic life, medical care, residence or others.
Local people's governments at various levels shall, in accordance with the relevant provisions, provide support or relief to the elderly who are unable to work and have no sources of income or supporters or whose supporters are truly unable to provide for or support them.
For the elderly who live a vagrant life and go begging without living sources or being abandoned, local people's governments at all levels shall, in accordance with the relevant provisions, give them relief.
Article 32 Local people's governments at various levels shall, in implementing low-rent housing, public rental housing and other housing security systems or carrying out the renovation of dilapidated and old houses, give priority to the eligible elderly.
Article 33 The State establishes and improves the welfare system for the elderly, and according to the level of economic and social development and the actual needs of the elderly, increases the social welfare for the elderly.
The State encourages local governments to establish an old-age allowance system for the low-income elderly over 80 years of age.
The State establishes and improves the support system for the elderly from families practicing family planning.
Some of the collectively owned land, forests, bodies of water, shoals, or other assets that are not contracted out in rural areas may be made as the bases for the benefit of the elderly, and the earnings therefrom shall be used for the elderly.
Article 34 The pensions, medical benefits and other benefits the elderly enjoy according to law shall be guaranteed and paid by the relevant institutions on time and in full without deduction, default or misappropriation.
The State will, in light of the economic development, increase in the average salary of workers and rise in commodity prices, enhance the level of pension security in due time.
Article 35 The State encourages charitable organizations and other organizations as well as individuals to provide material assistance to the elderly.
Article 36 The elderly may conclude a legacy support agreement or other support agreements with organizations, grassroots autonomous organizations, elderly care institutions and other organizations or individuals.
The organization or individual that has maintenance obligation shall, under the legacy support agreement, assume the duty to support the elderly during their lifetime and bury them after death in return for the right to the legacy.
第四章 社 会 服 务
Chapter 4 Social security services
Article 37 Local people's governments at various levels and relevant local departments shall take measures to develop community elderly care services in both urban and rural areas, encourage and support professional service agencies and other organizations and individuals to provide the home-based elderly with various services such as daily care, emergency rescue, medical care, spiritual consolation and psychological counseling.
If the elderly suffer from financial difficulties, local people's governments at various levels shall gradually give them elderly care subsidies.
Article 38 Local people's governments at various levels, relevant local departments and grassroots autonomous organizations shall incorporate elderly care facilities into community supporting facilities construction planning in urban and rural areas, and establish service facilities and networks for the life services, cultural and sports activities, day care, disease nursing and rehabilitation as required by the elderly to provide services for the elderly in the neighborhood.
Carry forward the tradition of neighbourhood help, promote neighborhood care, help the elderly have difficulties.
Charitable organizations and volunteers are encouraged in their effort to serve the elderly. Promote mutual assistance services for the elderly.
Article 39 People's governments at various levels shall gradually increase their investment in elderly care services according to the level of economic development and the demand for elderly care services.
People's governments at all levels and the relevant departments shall take measures in such aspects as finance, taxation, land and financing to encourage and support enterprises, public institutions, social organizations or individuals to establish and operate the facilities for the elderly including old-age support, day care and cultural and sports activities.
Article 40 Local people's governments at various levels and relevant local departments shall, according to the proportion and distribution of the elderly population, incorporate the building of elderly care facilities into urban or rural development plans and overall plans for land utilization, and make overall arrangements for the land and materials required in the building of elderly care facilities.
For public welfare elderly care facilities, the allocated state-owned land or the land collectively owned by farmers may be used according to law.
Land for elderly care facilities shall not be used for other purposes without legal procedures.
Article 41 Elderly service institutions invested by the government shall give priority to guarantee the service demands of the solitary, widowed, disabled, advanced aged and other old people with financial difficulties.
Article 42 Relevant departments of the State Council shall formulate standards for the construction of elderly care facilities, elderly care quality and elderly care profession, and establish and improve the classified management of elderly care agencies and the assessment system for elderly care services.
People's governments at all levels shall standardize charging items and standards for elderly care services, and strengthen supervision and management.
Article 43 Public welfare elderly care agencies shall be registered according to law.
The establishment of a for-profit elderly care agency shall be registered with the market supervision and administration department.
An elderly service institution may carry out service activities immediately after registration and shall file for record with the civil affairs department of the people's government at the county level or above.
Article 44 Local people's governments at various levels shall strengthen the leadership over the management of elderly service institutions within their respective administrative areas and establish a comprehensive regulatory system for elderly service institutions.
The civil affairs departments of the people's governments at or above the county level are responsible for the guidance, supervision and management of elderly service institutions, and other relevant departments shall carry out supervision over elderly service institutions in accordance with the division of their duties.
Article 45 The civil affairs departments of the people's governments at the county level or above may take the following measures in the course of legally performing their supervision and inspection duties:
1. To acquire relevant information from elderly service institutions and individuals;
(II) Conduct on-site inspection at the elderly service institution which is suspected of violating laws;
(III) consult or copy relevant contracts, notes, account books and other relevant materials;
(IV) Where an elderly service institution is found to have potential risks endangering personal health and life and property safety, it shall be ordered to rectify within a time limit; if it fails to rectify within the time limit, it shall be ordered to suspend business for rectification.
The civil affairs departments of people's governments at the county level or above shall abide by the Administrative Coercion Law of the People's Republic of China and other relevant laws and administrative regulations when investigating the alleged illegal acts of elderly service institutions.
Article 46 Where there is any change to or termination of an elderly service institution, it shall properly settle the elderly it has accepted, and go through the formalities for alteration or termination with the relevant departments. Relevant departments shall assist the elderly service institutions in settling the elderly properly.
Article 47 The State shall establish and improve the training, use, evaluation and incentive system for elderly care talents, regulate employment according to law, and promote the reasonable growth of remunerations of practitioners, so as to develop a team of full-time, part-time and volunteers for elderly care services.
The State shall encourage higher education institutions, secondary vocational schools and vocational training institutions to set up relevant professional or training programs to cultivate elderly care professionals.
Article 48 An elderly service institution shall sign a service agreement with the elderly it serves or the agent thereof, specifying the rights and obligations of both parties.
An elderly care agency or any of its personnel shall not infringe on the rights or interests of the elderly by any means.
Article 49 The State shall encourage elderly service institutions to take out liability insurance and insurance companies to underwrite liability insurance.
Article 50 People's governments at various levels and relevant departments shall incorporate medical and health services for the elderly into plans for urban and rural medical and health services, and incorporate the health management and common disease prevention of the elderly into the national basic public health service items. Encourage the provision for health care, nursing, hospice care and other services for the elderly.
The State shall encourage medical institutions to set up specialist or outpatient services for geriatrics.
Medical and health institutions shall provide health services and carry out prevention and treatment of diseases for the elderly.
Article 51 The State will take measures to strengthen research in geriatrics, train more geriatricians, improve prevention, treatment and scientific research of geriatric diseases, and promote the early detection, diagnosis and treatment of geriatric diseases.
The State and society shall take measures to conduct health education in various forms to disseminate knowledge about health care of the elderly and enhance their awareness of the importance for them to maintain good health.
Article 52 The State shall take measures to develop the aging industry, and include the aging industry into the catalogue of industries supported by the State. Support and guide enterprises to develop, produce and operate supplies needed by the elderly and provide relevant services.
第五章 社 会 优 待
CHAPTER 5 PREFERENTIAL TREATMENT FROM THE SOCIETY
Article 53 People's governments at or above the county level and the relevant departments shall, in light of economic and social developments and the special needs of the elderly, formulate preferential treatment measures for the elderly and gradually improve the level of the preferential treatment.
The same preferential treatment shall be given to the elderly living in other areas of the administrative areas.
Article 54 People's governments at various levels and relevant departments shall facilitate the elderly to receive pensions, settle medical expenses and enjoy other material assistance in a timely and convenient manner.
Article 55 When people's governments at various levels and relevant departments handle major matters concerning the rights and interests of the elderly, such as changes to house ownership and registered permanent residence, they shall inquire about whether the matter to be handled is the true intention of the elderly and give priority to dealing with such matter according to law.
Article 56 If the elderly really have difficulty in paying the cost of lawsuits they bring for infringement of their lawful rights and interests, they may postpone paying it, pay a smaller amount or be exempted from it. If they need the assistance of lawyers but cannot afford it, they may get legal aid.
Law firms, notary offices, grassroots legal service offices and other legal service institutions are encouraged to provide free services or give preferential treatment to the elderly with financial difficulties.
Article 57 Medical institutions shall make it easy for the elderly to get medical treatment and let them enjoy priority in this regard. Where conditions permit, hospital beds may be placed in the homes of the elderly patients and doctors are encouraged to go round to provide medical, nursing, rehabilitation and free physical examination services.
Advocate free medical treatment for the elderly.
Article 58 Service industries closely related to the daily life of the elderly are encouraged to provide priority and preferential services for the elderly.
Urban public transport, roads, railways, waterways and air passenger transport shall provide preferential treatment and care for the elderly.
Article 59 The places such as museums, art galleries, science and technology museums, memorial halls, public libraries, cultural centers, cinemas and theaters, stadiums, parks and scenic spots shall be open to the elderly for free or at preferential price.
Article 60 The elderly in rural areas are not obliged to establish public welfare undertakings.
第六章 宜 居 环 境
Chapter 6 Suitable Environment
Article 61 The State will take measures to promote the construction of a favorable environment to provide a safe, convenient and comfortable environment for the elderly.
Article 62 When formulating urban and rural plans, people's governments at various levels shall, in light of the development trend of the aging population, the distribution of the elderly population and the characteristics of the elderly, take into full account the construction of public infrastructure, living service facilities, medical and health facilities and cultural and sports facilities that are suitable for the elderly.
Article 63 The State will formulate and improve the standards for construction of the projects involving the elderly, and strengthen the implementation of and supervision over the relevant standards in the aspects of planning, design, construction, supervision, acceptance, operation, maintenance and management.
Article 64 The State shall formulate standards for the construction of barrier-free facilities. Newly-built, reconstructed or extended roads, public transport facilities, buildings, residential areas, etc., shall meet the national standards therefor.
People's governments at various levels and relevant departments shall, in accordance with the national standards for construction of barrier-free facilities, give priority to renovating public service facilities that are closely related to the daily life of the elderly.
Owners and managers of barrier-free facilities shall ensure that these facilities work properly.
Article 65 The State will promote the development of livable communities for the elderly, guide and support the development of livable housing for the elderly, and promote and support the renovation of barrier-free facilities at home for the elderly, so as to create a barrier-free environment for the elderly.
Chapter 7 Participation in Social Development
Article 66 The State and society shall attach importance to and cherish the knowledge, skills, experience and good moral character of the elderly, give play to their special skills and role, and guarantee their participation in economic, political, cultural and social life.
Article 67 The organizations of the elderly shall carry out activities beneficial to the physical and mental health of the elderly.
Article 68 When formulating laws, regulations, rules and public policies involving the rights and interests of the elderly, relevant authorities shall listen to the opinions of the elderly and the organizations of the elderly.
The elderly and the organizations of the elderly have the right to put forward opinions and suggestions on protection of the rights and interests of the elderly, development of the undertakings relating to the elderly, etc.
Article 69 The State creates conditions for the elderly to take part in social development. If society so needs and if conditions permit, the elderly are encouraged to engage in the following activities on a voluntary basis and according to their capacity:
1. to help educate the youth and children in socialism, patriotism, collectivism, hard struggle and other fine traditions;
2. to pass on their cultural, scientific and technological knowledge;
(III) to provide consulting services;
(IV) Participating in the development and application of science and technology according to law;
(V) Engaging in business and production activities according to law;
(VI) to participate in volunteer service, and establish public welfare undertakings;
(VII) to take part in maintaining public order and help mediate civil disputes; and
(VIII) to participate in other social activities.
Article 70 The lawful earnings of the elderly from their work are protected by law.
No entity or individual may arrange the elderly to engage in any work or dangerous operation that endangers their physical or mental health.
Article 71 The elderly have the right to receive continued education.
The State develops education for the elderly, incorporates education for the elderly into the lifelong education system, and encourages the society to run well all types of schools for the elderly.
People's governments at various levels shall give more effective leadership to education for the elderly, make unified plans for the education, and increase their investment in this field.
Article 72 The State and society shall take measures to carry out cultural, sports and recreational activities of a mass character that are suited to the elderly as to enrich their cultural life.
第八章 法 律 责 任
Chapter 8 Legal Liability
Article 73 When the lawful rights and interests of the elderly are infringed upon, they or their agents shall have the right to refer the matter to the department concerned for handling or bring a lawsuit to a people's court according to law.
The people's court and the department concerned shall, without delay, accept and handle the complaints, charges against or exposures of the infringement of the lawful rights and interests of the elderly according to law.
Article 74 Departments or organizations that do not perform their duties to protect the lawful rights and interests of the elderly shall be educated through criticism by the competent departments at the higher level and be ordered to make rectification.
Where State functionaries neglect their duties in violation of the law and thus impair the lawful rights and interests of the elderly, the units to which they belong or the organs at the higher level shall order them to make corrections or shall give them administrative sanctions according to law. If the case constitutes a crime, they shall be investigated for criminal responsibility according to law.
Article 75 When the elderly have disputes with their family members over their support or maintenance or over housing or property, they may apply to the people's mediation committee or other relevant organizations for mediation. They may also bring a lawsuit directly to a people's court.
When mediating disputes mentioned in the preceding paragraph, the people's mediation committee or other relevant organizations shall resolve conflicts or disputes by such means as persuasion and the giving of advice; and if the family members are found to be in the wrong, they shall be educated through criticism.
When the elderly apply to a people's court to claim alimony or payments for support, the court may order advance execution according to law.
Article 76 Anyone who interferes with the freedom of marriage of the elderly, refuses to provide for or support the elderly whom he has the obligation to provide for or support, maltreats the elderly or commits domestic violence against the elderly shall be criticized and educated by the relevant organizations; if the case constitutes a violation of public security administration, he shall be punished in accordance with public security administration; if the case constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law.
Article 77 The family members of the elderly who steal, defraud, seize, misappropriate, extort or deliberately damage the property of the elderly, and violate the public security administration, shall be punished in accordance with the public security administration; if the case constitutes a crime, they shall be investigated for criminal liability in accordance with the law.
Article 78 In the case that anyone insults or defames the elderly, where a violation of public security administration is constituted, he or she shall be subject to public security administration punishment; and where a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 79 Where any elderly service institutions and their staff infringe upon the personal and property rights and interests of the elderly or fail to provide services in accordance with the agreement, they shall bear the civil liability according to law; the relevant competent authorities shall impose administrative penalties according to law; if a crime is constituted, they shall be investigated for criminal liability according to law.
Article 80 Where any department responsible for administration and supervision over elderly service institutions or the personnel thereof abuses its power, neglects its duty or engages in malpractices for personal gains, the person directly in charge and other persons directly liable shall be punished according to law; if the act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law.
Article 81 If anyone fails to perform the duty of giving the elderly preferential treatment in accordance with the provisions, he or she shall be ordered to make corrections by the relevant competent departments.
Article 82 If any project involving the elderly fails to meet the standards prescribed by the State or the owner or manager of barrier-free facilities fails to fulfill his or her maintenance or management duties, the relevant competent department shall order the project or owner or manager to make corrections. If any damage is caused, civil liability shall be borne in accordance with the law. Administrative penalty shall be imposed on relevant entities or individuals in accordance with the law. If the case constitutes a crime, criminal liability shall be investigated in accordance with the law.
第九章 附 则
Chapter 9 Supplementary Provisions
Article 83 The people's congresses of national autonomous areas may, in accordance with the principles of this Law, in light of the special customs and habits of the local nationalities and in pursuance of legal procedures, formulate regulations with appropriate adaptations or supplements.
Article 84 If elderly service institutions established before the implementation of the Law fail to meet the conditions stipulated herein, they shall make rectification within a time limit. The specific measures shall be formulated by the civil affairs department under the State Council.
Article 85 This Law shall be effective 1 July 2013.
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