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ORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA
(No. 73)
The Law of the People's Republic of China on Protection of the Rights and Interests of the Elderly, adopted at the 21st Meeting of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on August 29, 1996, is hereby promulgated and shall enter into force as of October 1, 1996.
Jiang Zemin President of the People's Republic of China
August 29, 1996
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON PROTECTION OF THE RIGHTS AND INTERESTS OF THE ELDERLY
(Adopted at the 21st Meeting of the Standing Committee of the Eight National People's Congress on August 29, 1996, promulgated by Order No.73 of the President of the People's Republic of China on August 29, 1996, and effective as of October 1, 1996)
| | 中华人民共和国主席令
（第七十三号）
《中华人民共和国老年人权益保障法》已由中华人民共和国第八届全国人民代表大会常务委员会第二十一次会议于１９９６年８月２９日通过，现予公布，自１９９６年１０月１日起施行。
中华人民共和国主席 江泽民
１９９６年８月２９日
中华人民共和国老年人权益保障法
（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）
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CONTENTS
| | 目录
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CHAPTER I GENERAL PROVISIONS
| | 第一章 总则
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CHAPTER II MAINTENANCE AND SUPPORT BY FAMILIES
| | 第二章 家庭赡养与扶养
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CHAPTER III SOCIAL SECURITY
| | 第三章 社会保障
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CHAPTER IV PARTICIPATION IN SOCIAL DEVELOPMENT
| | 第四章 参与社会发展
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CHAPTER V LEGAL RESPONSIBILITY
| | 第五章 法律责任
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CHAPTER VI SUPPLEMENTARY PROVISIONS
| | 第六章 附则
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CHAPTER I GENERAL PROVISIONS
| | 第一章 总则
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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 and providing for the elderly.
| | 第一条 为保障老年人的合法权益，发展老年事业，弘扬中华民族敬老、养老的美德，根据宪法，制定本法。
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Article 2 The elderly referred to in this Law are citizens at or above the age of 60.
| | 第二条 本法所称老年人是指六十周岁以上的公民。
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Article 3 The State and society shall take measures to improve the social security system regarding the elderly and gradually better the conditions that contribute toward their well-being, good health 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.
| | 第三条 国家和社会应当采取措施，健全对老年人的社会保障制度，逐步改善保障老年人生活、健康以及参与社会发展的条件，实现老有所养、老有所医、老有所为、老有所学、老有所乐。
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Article 4 The State protects the lawful rights and interests of the elderly.
The elderly have the right to obtain material assistance from the State and society and enjoy the achievements in social development.
Discriminating against, insulting, maltreating or forsaking the elderly is forbidden.
| | 第四条 国家保护老年人依法享有的权益。
老年人有从国家和社会获得物质帮助的权利，有享受社会发展成果的权利。
禁止歧视、侮辱、虐待或者遗弃老年人。
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Article 5 The people's governments at various levels shall incorporate the undertakings related to the elderly into the plans for national economic and social development, gradually increase the investment in these undertakings and encourage all sectors of society to make such investment, so that these undertakings and the economy and society develop in a coordinated manner.
The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall take organizational measures to coordinate the efforts made by relevant departments to protect the rights and interests of the elderly. The specific institutions for the purpose shall be prescribed by the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
| | 第五条 各级人民政府应当将老年事业纳入国民经济和社会发展计划，逐步增加对老年事业的投入，并鼓励社会各方面投入，使老年事业与经济、社会协调发展。
国务院和省、自治区、直辖市人民政府采取组织措施，协调有关部门做好老年人权益保障工作，具体机构由国务院和省、自治区、直辖市人民政府规定。
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Article 6 It is the duty of the entire society to protect the lawful rights and interests of the elderly.
State organs, public organizations, enterprises and institutions shall, in compliance with their own functions and responsibilities, protect the rights and interests of the elderly.
Neighbourhood committees, villagers' committees and the organizations of the elderly established according to law shall make known the demands of the elderly, safeguard their lawful rights and interests and serve them.
| | 第六条 保障老年人合法权益是全社会的共同责任。
国家机关、社会团体、企业事业组织应当按照各自职责，做好老年人权益保障工作。
居民委员会、村民委员会和依法设立老年人组织应当反映老年人的要求，维护老年人合法权益，为老年人服务。
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Article 7 Throughout the community publicity and education should be conducted in the need 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 education in ethics among young people and children, so that the latter will understand the importance of respecting and providing for the elderly. They shall also educate young people and children in the legal system so that the latter will understand the need of safeguarding the rights and interests of the elderly.
Voluntary service for the elderly shall be encouraged.
| | 第七条 全社会应当广泛开展敬老、养老宣传教育活动，树立尊重、关心、帮助老年人的社会风尚。
青少年组织、学校和幼儿园应当对青少年和儿童进行敬老、养老的道德教育和维护老年人合法权益的法制教育。
提倡义务为老年人服务。
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Article 8 The people's governments at various levels shall commend and award the organizations, families or individuals that have scored outstanding achievements in safeguarding the lawful rights and interests of the elderly and respecting and providing for them.
| | 第八条 各级人民政府对维护老年人合法权益和敬老、养老成绩显著的组织、家庭或者个人给予表扬或者奖励。
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Article 9 The elderly shall observe law and discipline and perform their duties prescribed by law.
| | 第九条 老年人应当遵纪守法，履行法律规定的义务。
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CHAPTER II MAINTENANCE AND SUPPORT BY FAMILIES
| | 第二章 家庭赡养与扶养
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Article 10 The elderly shall be provided for mainly by their families, and their family members shall care for and look after them.
| | 第十条 老年人养老主要依靠家庭，家庭成员应当关心和照料老年人。
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Article 11 Supporters of the elderly shall perform the duties of providing for the elderly, taking care of them and comforting them, and cater to their special needs.
The supporters referred to here are the sons and daughters of the elderly and other people who are under the legal obligation to provide for the elderly.
The spouses of the supporters shall assist them in performing their obligation to provide for the elderly.
| | 第十一条 赡养人应当履行对老年人经济上供养、生活上照料和精神上慰藉的义务，照顾老年人的特殊需要。
赡养人是指老年人的子女以及其他依法负有赡养义务的人。
赡养人的配偶应当协助赡养人履行赡养义务。
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Article 12 The supporters shall pay medical expenses for the elderly suffering from illnesses and provide them with nursing care.
| | 第十二条 赡养人对患病的老年人应当提供医疗费用和护理。
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Article 13 The supporters shall properly arrange for the housing of the elderly and shall not compel the latter to move to inferior houses.
The sons and daughters or other relatives of the elderly shall not seize the houses owned or rent by the elderly and they shall not, without permission of the elderly, replace the elderly as the owners or renters of the houses themselves or by anyone else.
The supporters of the elderly have the duty to keep the houses owned by the elderly in good repair.
| | 第十三条 赡养人应当妥善安排老年人的住房，不得强迫老年人迁居条件低劣的房屋。
老年人自有的或者承租的住房，子女或者其他亲属不得侵占，不得擅自改变产权关系或者租赁关系。
老年人自有的住房，赡养人有维修的义务。
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Article 14 The supporters have the duty to help farm the land the elderly contract to farm, and take care of the trees and livestock contacted or owned by the elderly, but the earnings therefrom shall go to the elderly.
| | 第十四条 赡养人有义务耕种老年人承包的田地，照管老年人的林木和牲畜等，收益归老年人所有。
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Article 15 The supporters shall 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 the supporters do no perform their duties of providing for the elderly, the latter shall have the right to ask the former for alimony.
The supporters shall not ask the elderly to do any work beyond their ability.
| | 第十五条 赡养人不得以放弃继承权或者其他理由，拒绝履行赡养义务。
赡养人不履行赡养义务，老年人有要求赡养人付给赡养费的权利。
赡养人不得要求老年人承担力不能及的劳动。
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Article 16 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.
| | 第十六条 老年人与配偶有相互扶养的义务。
由兄、姊扶养的弟、妹成年后，有负担能力的，对年老无赡养人的兄、姊有扶养的义务。
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Article 17 The supporters may conclude an agreement between themselves on their duty to provide for the elderly, subject to approval by the latter. Neighbourhood committees, villagers' committees or the organizations of the supporters may supervise the fulfilment of the agreement.
| | 第十七条 赡养人之间可以就履行赡养义务签订协议，并征得老年人同意。居民委员会、村民委员会或者赡养人所在组织监督协议的履行。
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Article 18 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 post-remarriage life.
The supporters shall not be relieved of the duty to provide for the elderly because of any change in the latter's marriage.
| | 第十八条 老年人的婚姻自由受法律保护。子女或者其他亲属不得干涉老年人离婚、再婚及婚后的生活。
赡养人的赡养义务不因老年人的婚姻关系变化而消除。
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Article 19 The elderly shall have the right to dispose of their personal property according to law. Their sons, daughters and other relatives shall not interfere in this matter or extort money or anything of value from the elderly.
The elderly shall have the right to inherit the legacy of their parents, spouses, sons, daughters or other relatives according to law and the right to accept donations.
| | 第十九条 老年人有权依法处分个人的财产，子女或者其他亲属不得干涉，不得强行索取老年人的财物。
老年人有依法继承父母、配偶、子女或者其他亲属遗产的权利，有接受赠予的权利。
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CHAPTER III SOCIAL SECURITY
| | 第三章 社会保障
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Article 20 The State establishes an old-age insurance system to ensure the basic needs in the life of the elderly.
| | 第二十条 国家建立养老保险制度，保障老年人的基本生活。
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Article 21 The pensions and other material benefits the elderly enjoy according to law shall be guaranteed. The organizations concerned must regularly pay the elderly their pensions in full. They shall not be behind in payment without reason or divert the pensions for other purposes.
The State shall increase the pensions along with economic development, improvement in people's living standards and increase in the wages of workers.
| | 第二十一条 老年人依法享有的养老金和其他待遇应当得到保障。有关组织必须按时足额支付养老金，不得无故拖欠，不得挪用。
国家根据经济发展、人民生活水平提高和职工工资增长的情况增加养老金。
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Article 22 In addition to the old-age insurance system to be established in rural areas in light of local conditions, some of the collectively owned land, forests, bodies of water, shoals, etc. that are not contracted out may, where possible, be made production bases for the benefit of the elderly, and the earnings therefrom shall be used for the elderly.
| | 第二十二条 农村除根据情况建立养老保险制度外，有条件的还可以将未承包的集体所有的部分土地、山林、水面、滩涂等作为养老基地，收益供老年人养老。
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Article 23 The local people's governments shall provide relief to the elderly in urban areas 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.
With regard to the elderly in rural areas 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, their food, clothing, housing, medical care and burial expenses shall be borne by collective economic organizations, and the people's governments of townships, nationality townships or towns shall be responsible for making arrangements for the matter.
| | 第二十三条 城市的老年人，无劳动能力、无生活来源、无赡养人和扶养人的，或者其赡养人和扶养人确无赡养能力或者扶养能力的，由当地人民政府给予救济。
农村的老年人，无劳动能力、无生活来源、无赡养人和扶养人的，或者其赡养人和扶养人确无赡养能力或者扶养能力的，由农村集体经济组织负担保吃、保穿、保住、保医、保葬的五保供养，乡、民族乡、镇人民政府负责组织实施。
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Article 24 Citizens and organizations are encouraged to conclude agreements with the elderly on their maintenance or other agreements on their support.
| | 第二十四条 鼓励公民或者组织与老年人签订扶养协议或者其他扶助协议。
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Article 25 The State establishes different medical insurance systems to meet the basic needs of the elderly for medical care.
When formulating medical insurance regulations, the departments concerned shall give favourable consideration to the elderly.
The benefits enjoyed by the elderly in medical care according to law must be guaranteed.
| | 第二十五条 国家建立多种形式的医疗保险制度，保障老年人的基本医疗需要。
有关部门制定医疗保险办法，应当对老年人给予照顾。
老年人依法享有的医疗待遇必须得到保障。
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Article 26 When the elderly suffer from illnesses, if they themselves and their supporters are really unable to pay their medical expenses, the local people's governments may provide them with appropriate aid and may also solicit help from the community.
| | 第二十六条 老年人患病，本人和赡养人确实无力支付医疗费用的，当地人民政府根据情况可以给予适当帮助，并可以提倡社会救助。
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Article 27 Medical institutions shall make it easy for the elderly to get medical treatment and let those at or above the age of 70 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 services.
Free treatment of elderly patients is encouraged.
| | 第二十七条 医疗机构应当为老年人就医提供方便，对七十周岁以上的老年人就医，予以优先。有条件的地方，可以为老年病人设立家庭病床，开展巡回医疗等服务。
提倡为老年人义诊
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Article 28 The State shall take measures for promoting research in geriatrics, training more geriatricians and improving prevention, treatment and scientific research of geriatric illnesses.
Education in health shall be conducted 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.
| | 第二十八条 国家采取措施，加强老年医学的研究和人才的培养，提高老年病的预防、治疗、科研水平。
开展各种形式的健康教育，普及老年保健知识，增强老年人自我保健意识。
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Article 29 When distributing, redistributing or selling their houses, organizations shall give consideration to the needs of their old-age ex- employees in light of the actual conditions and in conformity with relevant standards.
| | 第二十九条 老年人所在组织分配、调整或者出售住房，应当根据实际情况和有关标准照顾老年人的需要。
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Article 30 When public facilities, residential quarters and houses are built or renovated in cities and towns, the special needs of the elderly should be taken into consideration and facilities suited to the daily life and activities of the elderly shall be installed.
| | 第三十条 新建或者改造城镇公共设施、居民区和住宅，应当考虑老年人的特殊需要，建设适合老年人生活和活动的配套设施。
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Article 31 The elderly shall have the right to receive continued education.
The State develops education for the elderly and encourages the society to run well all types of schools for the elderly.
The people's governments at various levels shall provide more effective leadership to education for the elderly and make unified plans for the education.
| | 第三十一条 老年人有继续受教育的权利。
国家发展老年教育，鼓励社会办好各类老年学校。
各级人民政府对老年教育应当加强领导，统一规划。
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Article 32 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.
| | 第三十二条 国家和社会采取措施，开展适合老年人的群众性文化、体育、娱乐活动，丰富老年人的精神文化生活。
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Article 33 The State encourages and helps public organizations or individuals to establish welfare institutions for the elderly and build for them homes, apartments, rehabilitation centers, and places to carry out cultural and sports activities, etc.
The local people's governments at various levels shall gradually increase their investment in the welfare undertakings for the elderly and provide more welfare facilities for them, depending on the level of their economic development.
| | 第三十三条 国家鼓励、扶持社会组织或者个人兴办老年福利院、敬老院、老年公寓、老年医疗康复中心和老年文化体育活动场所等设施。
地方各级人民政府应当根据当地经济发展水平，逐步增加对老年福利事业的投入，兴办老年福利设施。
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Article 34 To meet the needs of the elderly, the people's governments at various levels shall provide guidance to enterprises in developing, producing and dealing in the daily necessities of the elderly.
| | 第三十四条 各级人民政府应当引导企业开发、生产、经营老年生活用品，适应老年人的需要。
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Article 35 Community services shall be developed. Service facilities and networks for the daily life, cultural and sports activities, nursing and rehabilitation of the elderly shall be gradually installed and established.
The tradition of mutual-aid between neighbours shall be promoted and neighbours of the elderly are encouraged to take care of and help the elderly in need.
Volunteers shall be encouraged and supported in their effort to serve the elderly.
| | 第三十五条 发展社区服务，逐步建立适应老年人需要的生活服务、文化体育活动、疾病护理与康复等服务设施和网点。
发扬邻里互助的传统，提倡邻里间关心、帮助有困难的老年人。
鼓励和支持社会志愿者为老年人服务。
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Article 36 The local people's governments at various levels may, in light of the local conditions, give the elderly preferential treatment when they visit places of interest and take public transport facilities.
| | 第三十六条 地方各级人民政府根据当地条件，可以在参观、游览、乘坐公共交通工具等方面，对老年人给予优待和照顾。
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Article 37 The elderly in rural areas shall not undertake voluntary labour or labour for public accumulation fund.
| | 第三十七条 农村老年人不承担义务工和劳动积累工。
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Article 38 Radio programs, films, television programs, newspapers and periodicals shall serve the elderly by covering their life and publicize the need to safeguard their lawful rights and interests.
| | 第三十八条 广播、电影、电视、报刊等应当反映老年人的生活，开展维护老年人合法权益的宣传，为老年人服务。
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Article 39 If the elderly really have difficulty in paying the cost of lawsuits they bring against infringement on 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 to pay for it, they may get legal aid.
| | 第三十九条 老年人因其合法权益受侵害提起诉讼交纳诉讼费确有困难的，可以缓交、减交或者免交；需要获得律师帮助，但无力支付律师费用的，可以获得法律援助。
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CHAPTER IV PARTICIPATION IN SOCIAL DEVELOPMENT
| | 第四章 参与社会发展
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Article 40 The State and society shall attach importance to and cherish the knowledge, skills and revolutionary and construction experience of the elderly, set great store by their fine moral characters and give play to their special skills and role.
| | 第四十条 国家和社会应当重视、珍惜老年人的知识、技能和革命、建设经验，尊重他们的优良品德，发挥老年人的专长和作用。
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Article 41 The State shall create conditions for the elderly to take part in the promotion of socialist material, cultural and ethical progress. If society so needs and if conditions permit, the elderly shall be encouraged to engage in the following activities on a voluntary basis and according to their capacity:
| | 第四十一条 国家应当为老年人参与社会主义物质文明和精神文明建设创造条件。根据社会需要和可能，鼓励老年人在自愿和量力的情况下，从事下列活动：
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(1) to help educate young people and children in socialism, patriotism, collectivism and hard work and other fine traditions;
| | （一）对青少年和儿童进行社会主义、爱国主义、集体主义教育和艰苦奋斗等优良传统教育；
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(2) to pass on their cultural, scientific and technological knowledge;
| | （二）传授文化和科技知识；
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(3) to provide consultancy service;
| | （三）提供咨询服务；
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(4) to take part in the development and application of science and technology according to law;
| | （四）依法参与科技开发和应用；
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(5) to engage in business and production according to law;
| | （五）依法从事经营和生产活动；
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(6) to establish public welfare undertakings;
| | （六）兴办社会公益事业；
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(7) to take part in maintaining public order and help mediate disputes between people;
| | （七）参与维护社会治安、协助调解民间纠纷；
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(8) to participate in other social activities.
| | （八）参加其他社会活动。
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Article 42 The lawful earnings of the elderly from their work are protected by law.
| | 第四十二条 老年人参加劳动的合法收入受法律保护。
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CHAPTER V LEGAL RESPONSIBILITY
| | 第五章 法律责任
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Article 43 When the lawful rights and interest of the elderly are infringed upon, they or their agents shall have the right to refer the matter to the department concerned 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.
| | 第四十三条 老年人合法权益受到侵害的，被侵害人或者其代理人有权要求有关部门处理，或者依法向人民法院提起诉讼。
人民法院和有关部门，对侵犯老年人合法权益的申诉、控告和检举，应当依法及时受理，不得推诿、拖延。
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Article 44 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 correct their mistakes.
State functionaries who impair the lawful rights and interests of the elderly because of their dereliction of duty in violation of law, the organizations where they are employed or the organs at the higher level shall order them to correct their mistakes or shall give them administrative sanctions. If the case constitutes a crime, criminal responsibility shall be pursued according to law.
| | 第四十四条 不履行保护老年人合法权益职责的部门或者组织，其上级主管部门应当给予批评教育，责令改正。
国家工作人员违法失职，致使老年人合法权益受到损害的，由其所在组织或者上级机关责令改正，或者给予行政处分；构成犯罪的，依法追究刑事责任。
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Article 45 When the elderly have disputes with their family members over their support, or over housing or property, they may ask the organizations where their family members are employed, the neighbourhood committees or the villagers' committees to mediate. They may also bring a lawsuit directly to a People's Court.
If the family members are found to be in the wrong through mediation of the disputes mentioned in the preceding paragraph, they shall be educated through criticism and ordered to correct their mistakes.
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.
| | 第四十五条 老年人与家庭成员因赡养、扶养或者住房、财产发生纠纷，可以要求家庭成员所在组织或者居民委员会、村民委员会调解，也可以直接向人民法院提起诉讼。
调解前款纠纷时，对有过错的家庭成员，应当给予批评教育，责令改正。
人民法院对老年人追索赡养费或者扶养费的申请，可以依法裁定先予执行。
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Article 46 Whoever insults the elderly in public by violence or other means, slanders them or maltreats them, if the case is not serious, shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security; if the case constitutes a crime, his criminal responsibility shall be pursued according to law.
| | 第四十六条 以暴力或者其他方法公然侮辱老年人、捏造事实诽谤老年人或者虐待老年人，情节较轻的，依照治安管理处罚条例的有关规定处罚；构成犯罪的，依法追究刑事责任。
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Article 47 Whoever interferes with the freedom of marriage of the elderly by violence or refuses to provide for or support the elderly whom he has the duty to provide for or support, if the case is serious and thus constitutes a crime, shall be investigated for criminal responsibility according to law.
| | 第四十七条 暴力干涉老年人婚姻自由或者对老年人负有赡养义务、扶养义务而拒绝赡养、扶养，情节严重构成犯罪的，依法追究刑事责任。
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Article 48 The family members of the elderly who steal, defraud, seize, extort or deliberately damage the property of the elderly, if the case is not serious, shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security; if the case constitutes a crime, they shall be investigated for criminal responsibility according to law.
| | 第四十八条 家庭成员有盗窃、诈骗、抢夺、勒索、故意毁坏老年人财物，情节较轻的，依照治安管理处罚条例的有关规定处罚；构成犯罪的，依法追究刑事责任。
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CHAPTER VI SUPPLEMENTARY PROVISIONS
| | 第六章 附则
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Article 49 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 which may be variant from or supplementary to this Law.
| | 第四十九条 民族自治地方的人民代表大会，可以根据本法的原则，结合当地民族风俗习惯的具体情况，依照法定程序制定变通的或者补充的规定。
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Article 50 This Law shall take effect as of October 1, 1996.
| | 第五十条 本法自１９９６年１０月１日起施行。
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