China News Service, April 8. According to the website of the Supreme People's Court, the Supreme People's Court recently issued the "Opinions on Providing Judicial Services and Guarantee for the Implementation of the National Strategy to Actively Respond to Population Aging" (hereinafter referred to as the "Opinions").
The "Opinions" emphasize that the crackdown on illegal and criminal acts infringing on the personal and property rights and interests of the elderly should be intensified in accordance with the law, and illegal and criminal acts such as abuse, abandonment, and harm to the elderly should be severely punished in accordance with the law.
The "Opinions" require that cases of marriage and family disputes involving the elderly be properly tried in accordance with the law.
Trial cases of alimony disputes in accordance with the law to ensure the basic living needs of the elderly.
Strengthen the mediation of mental support cases for the elderly, and increase the spiritual care for the elderly.
Pay attention to the investigation of the court's powers, strengthen legal discretion, and protect the marriage freedom of the elderly in accordance with the law.
For disputes over cohabitation and property separation of the elderly, factors such as cohabitation time and individual contributions should be comprehensively considered, and the interests of both parties should be taken into account to achieve fairness and justice.
The "Opinions" make it clear that cases involving inheritance disputes involving the elderly should be properly tried in accordance with the law.
Implement the civil code heritage administrator system, determine the heritage administrator in accordance with the law, and ensure the proper management and smooth division of the heritage.
It is necessary to protect various forms of wills in accordance with the law, earnestly respect the true wishes of the elderly when making a will, and protect the right to dispose of the estate of the elderly.
Recognize the validity of various legacy and support agreements in accordance with the law to meet the diverse needs of pension forms.
The "Opinions" require that the anti-domestic violence law be implemented to protect the personal and property safety of elderly family members.
Promote the improvement of an anti-domestic violence macro system in which all departments participate.
Strengthen the guidance for the elderly victims of domestic violence to provide evidence, and increase psychological counseling and assistance.
Establish a "green channel" for accepting cases of personal safety protection orders, intensify efforts to obtain evidence according to authority, and make and serve personal safety protection orders in a timely manner in accordance with the law.
Strengthen cooperation with public security organs, residents' committees, villagers' committees and other departments, make full use of the system of assistance in enforcement, and ensure that personal safety protection orders can effectively play their role.
Establish a regular return visit and tracking mechanism, and expand the scope of extended anti-domestic violence services.
The "Opinions" make it clear that the elderly guardianship system should be improved.
Properly try custody disputes, and respect the true wishes of the elderly parties to the greatest extent.
The guardians of the elderly who are determined by the agreed guardianship agreement shall be recognized according to law, and they shall be urged to perform their guardianship responsibilities in accordance with the law.
For guardians who infringe upon the legitimate rights and interests of the elderly without civil capacity or with limited capacity for civil conduct, their guardianship shall be revoked in accordance with the law, necessary temporary guardianship measures shall be arranged for the elderly, and guardians shall be designated according to the principle of being most beneficial to the ward, so as to protect the personal life of the elderly. rights, property rights and other legitimate interests.
The "Opinions" require that cases of disputes involving elderly care be properly tried in accordance with the law to promote elderly care.
Implement the provisions of the Civil Code on the right of residence, try cases involving the protection of the rights and interests of the elderly in accordance with the law, meet the stable living and living needs of the elderly, and provide a solid legal guarantee for the "house-for-age" model.
Properly hear cases of disputes over elderly care service contracts in accordance with the law, ensure that elderly care institutions provide elderly care services that meet quality and safety standards, and promote the standardized development of elderly care institutions.
The "Opinions" make it clear that the development of rural old-age security services will be promoted.
Trial cases involving disputes over rural land contract management rights and infringement of the rights and interests of members of collective economic organizations in accordance with the law, ensure that the elderly enjoy the rights and interests of members of the collective economic organization in accordance with the law, and increase the income of the elderly in rural areas.
Give play to the role of judicial functions, and ensure that elderly villagers who have no ability to work, no source of living, and no support or support can enjoy the five-guarantee support in rural areas.
The "Opinions" require that cases involving disputes over medical service contracts for the elderly should be properly tried in accordance with the law, so as to promote the elderly to have good medical care.
Legally determine the rights and obligations of all parties involved in home medical service contracts such as home hospital beds and inspection visits, and protect the legitimate rights and interests of the elderly.
Properly hear cases of disputes over service contracts such as medical care for the elderly and long-term care for the disabled elderly, play a trial function, ensure the implementation of the policy of combining medical care and nursing care, and escort the healthy life of the elderly.
The "Opinions" proposes to strengthen the protection of the labor rights and interests of the elderly and promote the elderly to be productive.
Trial labor dispute cases involving the elderly in accordance with the law, assist the elderly in employment and safeguard the rights and interests of the elderly in re-employment.
Promote the "Silver Age Action", and guide the elderly with certain experience and professional skills to actively participate in civil mediation and other activities in the form of voluntary services.
Local people's courts may establish expert pools of retired judges based on actual exploration, and encourage willing retired judges to actively participate in pre-litigation mediation, investigation and research.
The "Opinions" emphasize that the crackdown on illegal and criminal acts infringing on the personal and property rights and interests of the elderly should be increased in accordance with the law.
Severely punish illegal and criminal acts such as abuse, abandonment, and harm to the elderly in accordance with the law.
Severely crack down on telecommunications and network fraud against the elderly and "routine loans" implemented in the name of "house-for-age care", and punish family members according to law for theft, fraud, snatch, embezzlement, extortion, and intentional damage to the elderly's property and other illegal and criminal acts.
Severely punish illegal and criminal acts in the consumption field in accordance with the law, safeguard the consumption rights and interests of the elderly, and create a safe, convenient and honest consumption environment for the elderly.
The "Opinions" require that the enforcement of cases involving the rights and interests of the elderly should be strengthened.
The people's courts in all regions should strengthen the enforcement of cases involving the right of residence of the elderly, safeguard the rights and interests of the elderly in a timely manner in accordance with the law, and ensure that the elderly have a place to live.
Increase the strength of advance enforcement of cases of old people claiming alimony and alimony.
Innovate the enforcement method of disputes involving the mental support of the elderly, and urge and guide the supporters to actively perform their support obligations.