The Voice of the Two Sessions|32 Representatives Propose to Amend the “Regulations on the Protection of the Rights and Interests of the Elderly in Shanghai”
During the Shanghai People’s Congress and Council in 2025, on the topics of developing the silver economy and pension finance, as well as promoting social participation among the elderly, Jin Ying, a deputy to the Shanghai People’s Congress, member of the Social Development Committee of the Shanghai Municipal People’s Congress, and director of Shanghai Jinyuanfangcheng Law Firm, jointly proposed a motion with 31 other representatives to amend the “Shanghai Elderly Rights Protection Regulations”.
With the support of the Social Development Committee of the People’s Congress of Shanghai, the professional group of representatives on elderly care services has been focusing on research topics such as community home-based care, pension industry, silver economy, and social participation of the elderly for more than two years. These researches have covered various aspects of daily life for the elderly including healthcare, food, housing, and transportation. The research has found that there is a significant need to amend the regulations and it is feasible to do so. With profound changes happening in the elderly’s needs for care, health, cultural learning, consumption behavior, and social participation characteristics, it is necessary to revise the “Shanghai Elderly Rights Protection Regulations” (hereinafter referred to as “the Regulations”) to continuously safeguard and develop their legal rights.
She proposed to comprehensively review departmental responsibilities in accordance with institutional reforms and make corresponding adjustments and specifications. Comparative to the Civil Code, it is necessary to supplement and improve the aspects of intended guardianship, especially when an elderly person has not lost their will after agreeing to appoint a guardian through a protocol. The protocol stipulates that the appointed guardian provides paid care before the elderly person loses their will. It is also necessary to study and formulate support policies that encourage childcare givers (whether guardians) to live nearby or nearby housing policies, as well as policies for parental leave for one-child parents.
At the same time, in accordance with the “Basic Medical Health Promotion Law of the People’s Republic of China”, “Shanghai Pension Service Regulations”, and “Shanghai Medical Security Regulations,” combined with practical exploration, it is necessary to expand responsibilities related to long-term care insurance and revise and improve corresponding regulations. Based on the “Opinions on Deepening the Reform and Development of Elderly Care Services,” which proposes to improve home support policies for elderly people at home and explore the construction of home nursing beds with continuous, stable, and professional service functions for home-based elderly people who are unable to care for themselves, it encourages family members, community residents, volunteers, and other social forces to participate in nursing care training and includes escort services in long-term care insurance.
In addition, in accordance with the “Opinions on Deepening the Reform and Development of Elderly Care Services” which focus on accelerating the construction of an elderly care service system that conforms to China’s national conditions, optimizing the supply of basic elderly care services, and giving full play to the government’s leading role in the development of elderly care services industry as well as the market’s resource allocation role and social participation role in elderly care services; improving “five-side” services, actively developing a silver economy, and promoting the development of an aging industry; it is necessary to increase relevant provisions on pension finance in accordance with the specific requirements of Shanghai Municipality to improve financial services related to elderly care. At the same time, efforts should be made to prevent and combat elderly fraud.
Meanwhile, “encouraging elders to continue to play a role” and “promoting social participation among elders” should be further clarified. For instance, supporting elders to participate in the establishment of neighborhood committees, engaging in community self-governance projects, participating in grassroots governance work such as community governance. Guide retired elders who have energy and ability to play a role in the field of aging industry. It is also necessary to clarify support for the development of silver economy and improve protection systems for elders who are addicted to online shopping to create a safe and worry-free consumer environment for silver economy. Meanwhile, corresponding legal responsibilities should be revised according to the adjustment of relevant provisions.