Protecting the legitimate rights and interests of the elderly and actively responding to the challenges of aging
2023-04-27
At present, China has entered an aging society and the degree of aging is constantly deepening. In April 2022, 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" (hereinafter referred to as the "Opinions"), which pointed out the direction for the prosecution, filing, and participation in litigation related to elderly people. The people's court should conscientiously implement the requirements of the Opinion, effectively protect the legitimate rights and interests of the elderly, enable them to share the fruits of reform and development, and enjoy a happy old age. Strengthening the judicial protection of the rights and interests of the elderly is a vivid manifestation of the core socialist values. Respecting and respecting the elderly is a traditional virtue of the Chinese nation, and respecting and caring for the elderly is a symbol of social civilization and progress. Judicial adjudication has a value leading role. In recent years, the Supreme People's Court has formulated and issued multiple typical cases of protecting the rights and interests of the elderly, covering issues of concern and concern to the elderly such as personal safety protection orders, changes in guardians, and maintenance obligations. It has effectively guided the public to better understand, abide by, and use the law, and conveyed a clear value orientation of loving and caring for the elderly. Strengthening the judicial protection of the rights and interests of the elderly is emphasized from the perspective of the rule of law, which is conducive to guiding citizens to consciously assume family responsibilities, establishing a good family tradition, vigorously promoting excellent traditional culture, and cultivating the trend of respecting and respecting the elderly. Strengthening the judicial protection of the rights and interests of the elderly is the essence of justice for the people. The People's Court always adheres to the principle of putting the people first and practicing the fundamental position of putting the people at the center. It embodies the interests of the people, reflects their wishes, safeguards their rights and interests, and enhances their well-being throughout the entire process of judicial work. It regards safeguarding the rights and interests of the elderly as an important part of trial execution work, and continuously improves the level of judicial service capabilities to ensure people's well-being. It is also the responsibility of the people's court to try various cases involving the rights and interests of the elderly in accordance with the law, crack down on violations of the rights and interests of the elderly through judicial means, and encourage the protection of their legitimate rights and interests. The people's courts, through judicial decisions, strengthen the protection of the rights and interests of the elderly, truly solve the urgent and difficult problems of the elderly, continuously improve the sense of gain, happiness, and security of the majority of the elderly, so that they can share the achievements of reform and development, enjoy a happy old age, and truly achieve the goal of providing for the elderly, having a basis for the elderly, having a sense of happiness, and having peace in their old age. Strengthening the judicial protection of the rights and interests of the elderly is a practical need for loving and caring for the elderly. Currently, there is an increase in civil disputes involving the elderly, such as guardianship, support, inheritance, and entrusted financial management for the elderly. Illegal and criminal activities such as fraud, theft, and robbery targeting the elderly also occur from time to time. Due to the degradation of physical functions, elderly people have certain physiological and psychological particularities. Some lose the ability to work, some lose the ability to judge, and even some lose the ability to behave, all of which require special protection. At the same time, when their legitimate rights and interests are infringed upon, it may be difficult to file a lawsuit due to factors such as physical aging, mental disability, slow movement, and economic difficulties. This requires people's courts at all levels to improve family trials, properly handle marriage and family, support disputes, labor disputes, and other cases closely related to the lives of the elderly in accordance with the law, and severely crack down on illegal and criminal activities that infringe on the personal and property rights of the elderly, especially for the elderly
Edit:Ying Ying Responsible editor:Zhou Shu
Source:rmfyb.chinacourt.org
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