A reasonable public interest litigation system should be established, as elderly people face numerous difficulties in safeguarding their rights

Release time:Apr 16, 2024 21:52 PM

According to data from the Aging Department of the National Health Commission, around 2035, the elderly population aged 60 and above in China will exceed 400 million, entering a stage of severe aging. By around 2050, the size and proportion of China's elderly population, elderly dependency ratio, and social dependency ratio will reach their peak successively. Respecting, respecting, caring for, and assisting the elderly is a traditional virtue of the Chinese nation and a symbol of social civilization and progress. Protecting the rights and interests of the elderly in accordance with the law requires institutional support and participation from all sectors.

China has always attached great importance to the legal protection of the rights and interests of the elderly. 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 March 2022, and released the top ten typical cases of protecting the rights and interests of the elderly for three consecutive years in 2021, 2022, and 2023. The cases released this year involve various types such as consumer fraud, guardianship supervision, elderly care services, and property disposal, which have certain typical significance for ensuring the safety of the elderly.

But in daily life, some elderly people not only lack general support, but also face fraud. After the infringement of physical and mental health and legitimate rights and interests, elderly people often find themselves in a state of unwillingness, hesitancy, and inability to "sue" due to physical decline, low legal awareness, lack of understanding of how to protect their rights, and the influence of traditional beliefs such as "family shame cannot be exposed".

In order to effectively safeguard the legitimate rights and interests of the elderly, it is recommended to establish a public interest litigation system for the protection of the rights and interests of the elderly.

On the one hand, in terms of scope:

Article 58, Paragraph 2 of the Civil Procedure Law of China stipulates: "If a people's procuratorate discovers acts that damage the ecological environment and resource protection, infringe upon the legitimate rights and interests of numerous consumers in the field of food and drug safety, and damage public interests in the performance of its duties, it may file a lawsuit with the people's court in the absence of the organs and organizations specified in the preceding paragraph or in the absence of the organs and organizations specified in the preceding paragraph. If the organs or organizations specified in the preceding paragraph file a lawsuit, the people's procuratorate may support the lawsuit.".

The "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era" released in June 2021 emphasized: "Increase the handling of public interest litigation cases in key areas such as ecological environment and resource protection, food and drug safety, state-owned property protection, transfer of state-owned land use rights and protection of heroic rights and interests, and protection of minors' rights and interests. Actively and prudently expand the scope of public interest litigation cases, explore the handling of public interest damage cases in areas such as safety production, public health, protection of women's and disabled persons' rights and interests, personal information protection, cultural relics and heritage protection, summarize practical experience, and improve relevant legislation."

It should be said that from a technical perspective, the expression of "etc." in the above laws and policies has reserved space for procuratorial organs to handle new areas of public interest litigation, such as cases of protecting the rights and interests of the elderly, in legislation.

On the other hand, from a subjective perspective:

At present, the main subjects of public interest litigation in China include procuratorial organs, environmental protection organizations that meet certain conditions, and consumer rights protection associations at or above the provincial level. However, environmental protection organizations are involved in the ecological environment field, while consumer rights protection associations at or above the provincial level are involved in the consumption field. There is a lack of clear liaison institutions for cases such as the protection of the rights of the elderly; Meanwhile, according to the aforementioned provisions, there is currently only room for procuratorial organs to file public interest lawsuits on behalf of the elderly in legal regulations and policy interpretations; In addition, cases involving the protection of the rights and interests of the elderly generally belong to civil legal relationships between equal subjects in the private sector. The perspective and boundaries of the intervention of the procuratorial organs may easily cause controversy in judicial practice.

Therefore, it is recommended to establish a public interest litigation system for the protection of the rights and interests of the elderly through clear legal provisions in the Civil Procedure Law and the Law on the Protection of the Rights and Interests of the Elderly.

Among them, expanding the scope of the subject of public interest litigation is an important content. Except for the procuratorial organs, other relevant entities may be granted the right to file public interest lawsuits for the protection of the rights and interests of the elderly in accordance with legal provisions or authorized by the Standing Committee of the National People's Congress.

Here, elderly foundations in various provinces and cities are an option. The Opinions of the Central Committee of the Communist Party of China and the State Council on Strengthening the Work on Aging in the New Era point out that "various public welfare social organizations or charitable organizations are encouraged to increase investment in the elderly cause.". According to the Civil Code, the Elderly Foundation is established for public welfare purposes and is a non-profit legal entity. Its purpose is to provide services to the elderly and understand their needs better than other social organizations.

Another type of organization can consider law firms and grassroots legal service institutions. For example, a law firm, according to the provisions of the Lawyers Law, has the responsibility of safeguarding the legitimate rights and interests of the parties involved, ensuring the correct implementation of the law, and upholding social fairness and justice. Providing public welfare legal services for the rights and interests of the elderly is its duty. The above opinions on elderly work are also clear, advocating for law firms and grassroots legal service institutions to "reduce legal service fees for the elderly and provide door-to-door services for elderly people with mobility difficulties", and emphasizing the establishment of an elderly friendly litigation service mechanism to provide guarantees for the convenience of elderly people to participate in litigation activities.

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