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| Opinions of the Supreme People's Court on Providing Judicial Services and Guarantee for Implementing the National Strategy for Actively Addressing Population Aging | | 最高人民法院关于为实施积极应对人口老龄化国家战略提供司法服务和保障的意见 |
| (No. 15 [2022] of the Supreme People's Court) | | （法发〔2022〕15号） |
| For the purposes of comprehensively implementing the Opinions of the Central Committee of the Communist Party of China and the State Council on Strengthening the Work on the Elderly in the New Era, thoroughly carrying out the national strategy for actively addressing population aging, maximizing the function of adjudication, and effectively enhancing the sense of gain, happiness, and security of the elderly, the following opinions on people's courts' services and guarantee for the implementation of the national strategy for actively addressing population aging are hereby offered in light of the actual work circumstances. | | 为全面贯彻落实《中共中央、国务院关于加强新时代老龄工作的意见》，深入贯彻积极应对人口老龄化国家战略，充分发挥审判职能作用，切实提升广大老年人的获得感、幸福感、安全感，现结合工作实际，就人民法院服务和保障实施积极应对人口老龄化国家战略提出如下意见。 |
| I. Unifying thoughts and ideas and having an accurate understanding of the overall requirements for providing judicial services and guarantee for the implementation of the national strategy for actively addressing population aging | | 一、统一思想认识，准确把握为实施积极应对人口老龄化国家战略提供司法服务和保障的总体要求 |
| 1. Guiding ideology. People's courts at all levels shall practically improve their political stance, adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement Xi Jinping Thought on the Rule of Law, and deeply learn and understand the decisive significance of establishing Comrade Xi Jinping's core position on the CPC Central Committee and in the CPC as a whole and defining the guiding role of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, must be keenly aware of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment with the central Party leadership, stay confident in the path, theory, system, and culture of socialism with Chinese characteristics, and uphold General Secretary Xi Jinping's core position on the Party Central Committee and in the Party as a whole, and uphold the Party Central Committee's authority and its centralized, unified leadership. They shall adhere to the people-centered principle, integrate the positive concept on aging and the concept of healthy aging into the whole process of trial and enforcement work, vigorously carry forward the traditional Chinese virtues of filial piety and respecting the elderly, and provide powerful judicial services and guarantee for promoting the construction of an elderly-friendly society and strengthening the protection of the rights and interests of the elderly. | | 1．指导思想。各级人民法院要切实提高政治站位，坚持以习近平新时代中国特色社会主义思想为指导，深入贯彻习近平法治思想，深入学习领会“两个确立”的决定性意义，增强“四个意识”、坚定“四个自信”、做到“两个维护”。坚持以人民为中心，把积极老龄观、健康老龄化理念融入审判执行工作全过程，大力弘扬中华民族孝亲敬老传统美德，为推动构建老年友好型社会、加强老年人权益保障提供有力司法服务和保障。 |
| 2. Great significance. Population aging is the basic national condition of our country for a quite long time in the future. With the deepening of the aging degree, the quantity of labor supply reduces, the elderly care burden of families and the supply pressure of basic public services will further increase. Effectively addressing population aging has a bearing on the overall development of the country, the well-being of hundreds of millions of people, the harmony and stability of the society, and is of great significance to the overall construction of a modern socialist country. The people's courts at all levels shall fully comprehend the importance and urgency of implementing the national strategy for actively addressing population aging and take effective measures to practically guarantee the lawful rights and interests of the elderly and enable the elderly to share the achievements of reform and development and enjoy happiness in their old age. | | 2．重大意义。人口老龄化是我国未来相当长一个时期的基本国情。随着老龄化程度加深、劳动力供给数量减少，家庭养老负担和基本公共服务供给压力将进一步增加。有效应对我国人口老龄化，事关国家发展全局，事关亿万百姓福祉，事关社会和谐稳定，对于全面建设社会主义现代化国家具有重要意义。各级人民法院要充分认识实施积极应对人口老龄化国家战略的重要性和紧迫性，采取有力措施切实保障老年人合法权益，让老年人共享改革发展成果、安享幸福晚年。 |
| 3. Objectives and tasks. In the new development stage, the people's courts at all levels shall establish and improve the work system connecting the upper and lower levels and carry out the work through to the end, and include the service and guarantee for the implementation of the national strategy for actively addressing population aging in the overall work of trial and enforcement. The improvement of preferential policies and the system of laws and regulations for the elderly shall be promoted, and the opinions of the elderly in the formulation and implementation of judicial policies involving the interests of the elderly shall be fully solicited. People's courts shall promote the development and effective implementation of various policies and measures for serving and guaranteeing the implementation of the national strategy for actively addressing population aging. | | 3．目标任务。新发展阶段，各级人民法院要建立健全上下贯通、一抓到底的工作体系，将服务和保障实施积极应对人口老龄化国家战略纳入审判执行的总体工作之中。推动完善老年人优待政策、法规体系，涉及老年人利益司法政策的制定和执行过程要充分征求老年人意见，推动人民法院服务和保障实施积极应对人口老龄化国家战略的各项政策举措落地、落实、落细。 |
| II. Maximizing the functions of adjudication and strengthening the protection of the rights and interests of the elderly | | 二、充分发挥审判职能作用，加强老年人权益保障 |
| 4. The cases regarding marriage and family disputes involving the elderly shall be properly tried in accordance with the law. The cases regarding disputes over the support for the elderly shall be tried in accordance with the law to guarantee the basic living needs of the elderly. Efforts shall be made in mediating the cases of spiritual support for the elderly to increase spiritual care for the elderly. Attention shall be paid to investigation by the courts based on their functions and powers, legal adjudication shall be strengthened, and the marriage freedom of the elderly shall be protected in accordance with the law. With respect to the disputes over property division by the elderly due to cohabitation, the period when they live together, contributions made by both parties, and other factors shall be taken into overall consideration, and the interests of both parties shall also be considered, so as to realize fairness and justice. | | 4．依法妥善审理涉老年人婚姻家庭纠纷案件。依法审理赡养纠纷案件，保障老年人基本生活需要。加强老年人精神赡养类案件调解力度，增进对老年人的精神关爱。注重法院的职权调查，强化依法裁量，依法保护老年人的婚姻自由。对于老年人同居析产纠纷，要综合考量共同生活时间、各自付出等因素，兼顾双方利益，实现公平公正。 |
| 5. The cases regarding disputes over the inheritance of the elderly shall be properly tried in accordance with the law. The legacy administrator system under the Civil Code shall be implemented, the legacy administrators shall be determined in accordance with the law, and the proper management and smooth division of legacy shall be guaranteed. Various forms of wills shall be protected in accordance with the law, the true intention of the elderly in making wills shall be effectively protected, and the elderly's right of disposal of legacy shall be protected. Efforts should be made to identify the validity of various legacy-support agreements according to law to meet the demands for diversified forms of elderly care. | | 5．依法妥善审理涉老年人继承纠纷案件。落实民法典遗产管理人制度，依法确定遗产管理人，保障遗产妥善管理、顺利分割。要依法保护各类遗嘱形式，切实尊重老年人立遗嘱时的真实意愿，保障老年人遗产处分权。依法认定各类遗赠扶养协议效力，满足养老形式多样化需求。 |
| 6. The Anti-domestic Violence Law shall be implemented and the personal and property safety of elderly family members shall be protected. The improvement of the macro-system against domestic violence with the joint participation of various departments shall be promoted. The guidance on the burden of proof for the elderly victims of domestic violence shall be strengthened, and psychological counseling and assistance shall be reinforced. A “green channel” for accepting cases on personal safety protection orders shall be established, more efforts shall be made to collect evidence according to functions and powers, and personal safety protection orders shall be promptly issued and served upon in accordance with the law. The coordination and cooperation with public security authorities, neighborhood committees, villagers' committees, and other departments shall be strengthened, the execution assistance rules shall be made full use to ensure that personal safety protection orders can effectively play their roles. A regular return visit and tracking mechanism shall be established, and the scope of anti-domestic violence services shall be expanded. | | 6．贯彻实施反家庭暴力法，保护老年家庭成员人身、财产安全。推动完善各部门共同参与的反家暴宏观体系。加强对家庭暴力受害老年人举证的指导，加大心理疏导和帮扶力度。建立人身安全保护令案件受理“绿色通道”，加大依职权调取证据力度，依法及时作出、送达人身安全保护令。加强与公安机关、居民委员会、村民委员会等部门协作配合，充分利用协助执行制度，保障人身安全保护令切实发挥作用。建立定期回访、跟踪机制，拓展反家暴延伸服务范围。 |
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