The construction of a society ruled by law also needs to "adapt to aging"

2022-04-26

It is expected that during the 14th Five Year Plan period, China's population will enter the stage of moderate aging. Actively coping with population aging will be a long-term strategic task of China. We should not only meet the material and spiritual needs of the elderly, but also protect their legitimate rights and interests such as life, health, safety and participation. However, in recent years, fraud cases targeting the elderly have emerged one after another. It is against this background that recently, courts and public security organs across the country have jointly launched a special action to crack down on pension fraud, severely punish pension fraud crimes according to law, and focus on all kinds of fraud crimes that infringe on the legitimate rights and interests of the elderly in the name of pension. The scale of China's elderly population is huge, and the proportion of the elderly population is still increasing. In 2021, China's population aged 65 and over exceeded 200 million, accounting for 14.2% of the total population, which is equivalent to the total population of Germany, Britain and France. With the deepening of population aging, exploring the establishment of a society ruled by law that meets the needs of aging is becoming more and more important and urgent for building an age-friendly society. Meeting the needs of the growing elderly population and the rule of law in an aging society will be an important task for China to build a rule of law system adapted to its national conditions in the future. China's existing legal system is based on a non aging society. Because middle-aged and young people are the main body of social production and life participation, the law focuses on adjusting the social relations with middle-aged and young people as the core. At the same time, the elderly have special vulnerability and dependence. Due to the decline of physiological and physical functions, the elderly population has a stronger demand for dependence system than the young people. The social security system, elderly care service system and medical security system provided by the state are the response to dependence to prevent the occurrence of substantive inequality. The legal system also needs to respond to the needs of the elderly group with an increasing proportion, Build a rights and interests protection system inclined to a specific age stage. In addition, the average education level of the elderly is low, the legal concept is weak, the degree of legal recognition is not high, the lack of legal knowledge, limited access to information and many other factors give the infringers an opportunity. The opinions of the CPC Central Committee and the State Council on strengthening the aging work in the new era issued in November 2021 proposed to strengthen the protection of the rights and interests of the elderly, and defined the specific requirements for law popularization, combating crime, improving guardianship and legal aid. On this basis, the Supreme People's Court issued the opinions on Providing Judicial Services and guarantees for the implementation of the national strategy to actively respond to population aging in April 2022, and the public security organs will also carry out a number of special actions to crack down on crimes against the elderly. The author believes that in addition, to explore the establishment of a society ruled by law in line with the needs of aging, we should also start from the following aspects. We will accelerate the construction of a policy system and institutional framework suitable for the elderly. China has established a legal and policy system for the protection of the rights and interests of the elderly based on the constitution, with the law on the protection of the rights and interests of the elderly as the main body, including relevant administrative regulations, local regulations, rules and policy documents. In the future, it is still necessary to check and make up deficiencies according to the standards of comprehensiveness, completeness, standardization and operability, especially to provide a legal basis for the current adverse, universal and urgent social problems, provide normative policies and regulations for the development of old-age support systems such as old-age security, health support, old-age services and social assistance, and give full play to the function of protecting the rights and interests of the elderly. Broaden the channels and forms of law popularization education for the elderly. Build a multi-channel publicity and education platform for law popularization and strengthen the construction of legal education team; Expand the richness and professionalism of community publicity and improve the standardization and visibility of mass media content; Create a popular brand of law popularization education and grasp the propaganda position of new media; Strengthen supervision and review, make use of its rapid dissemination characteristics, promote professional and scientific legal knowledge, and help the elderly establish their belief in the rule of law and establish a correct concept of the rule of law. We will earnestly carry out grass-roots legal services, and establish and improve a judicial service mechanism to facilitate and benefit the elderly. Regularly carry out grass-roots legal services in the countryside, villages and communities, combine law popularization education with dispute resolution mechanism, and improve the one-stop diversified dispute resolution mechanism for marriage and family, maintenance disputes, labor disputes and other cases closely related to the life of the elderly. Strengthen the service concept and awareness, take the needs of the elderly as the guide, use digital means to establish litigation service facilities that are convenient for the people, facilitate the elderly to obtain litigation service guidance and help, and establish an elderly friendly litigation service mechanism. Strengthen judicial assistance, simplify assistance procedures, and consolidate the long-term mechanism of legal aid for the elderly. We will gradually carry out special rectification actions against illegal and criminal acts that infringe on the personal and property rights and interests of the elderly to enhance the legal deterrent. For cases related to the elderly with bad social impact, such as maltreatment or abandonment of the elderly, telecommunications network fraud, "routine loan", extortion and other illegal and criminal acts, we should focus on special rectification actions and severely punish them according to law, so as to create a safe and friendly social environment for the elderly. Maintaining a harmonious and stable social environment is related to the overall development of the country and the well-being of hundreds of millions of people. Only by establishing a legal environment that meets the needs of aging can we effectively improve the sense of acquisition, happiness and security of the majority of the elderly. (Xinhua News Agency)

Edit:Huang Huiqun    Responsible editor:Huang Tianxin

Source:gmw.cn

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