Judiciary eases hardships for elderly in administrative cases

Procuratorates nationwide have been intensifying efforts to address difficulties faced by the elderly in safeguarding their rights and providing evidence in administrative cases. Over 5,700 administrative procuratorial supervision cases were handled between January and October 2025, according to the Supreme People's Procuratorate.

As part of efforts to provide strong judicial guarantees for realizing the goal of ensuring the elderly have adequate support, care, joy, and security, these cases mainly cover elderly care services, retirement pensions, and subsidy distribution.

In April this year, the SPP, together with the Ministry of Civil Affairs, the Supreme People's Court, the Ministry of Public Security, and the China National Committee on Aging, jointly issued guiding opinions on establishing and improving a working mechanism to protect the legitimate rights and interests of the elderly, further enhancing interdepartmental cooperation in this field.

However, the main challenges in protecting the rights of the elderly include problems in the implementation of social security benefits, such as endowment and medical insurance, often stemming from poor policy connection or the failure of employers to fulfill obligations, the SPP said.

Protection of housing and land rights is another key issue, especially critical for rural elderly, whose limited legal awareness and insufficient capacity to gather evidence leave many vulnerable amid urbanization.

Moreover, the elderly also face difficulties in safeguarding identity rights, which are the foundation for accessing social welfare and basic living security, and whose infringement may lead to survival risks.

A typical case involved a 62-year-old man surnamed Luo from Hunan province, who was deceived into becoming the legal representative of a company while working as a casual laborer without participating in managerial duties.

When the company was penalized for failing to complete environmental impact assessment procedures and refusing rectification, Luo faced fines due to ignorance of his rights, and had his bank account frozen after the court approved enforcement. He eventually sought procuratorial supervision.

After investigation, procurators uncovered the fraud, identified procedural flaws in the administrative penalty, and issued procuratorial suggestions to the court and administrative authorities, which were adopted.

The penalty was revoked, fines returned, and Luo's nominal legal representative status was revoked through civil litigation support. A social governance proposal was also issued to market regulators to improve review procedures for registration changes.

According to the SPP, procurators exercise investigative powers through "case file review, on-site visits, and expert consultation" to restore facts, given the elderly's limited right-safeguarding capabilities and poor evidence preservation awareness.

For erroneous court rulings or improper administrative acts, appeals and procuratorial suggestions are used to urge rectification. In cases with correct rulings but reasonable elderly claims, multiparty coordination ensures comprehensive dispute resolution.

Beyond case handling, targeted assistance, including judicial relief and employment support, is provided to elderly individuals facing livelihood difficulties, it said.

To further consolidate the protection of the rights of the elderly, the SPP will guide procuratorial organs nationwide to deepen relevant operations focusing on social security and benefit implementation for the elderly, integrating dispute resolution throughout the handling process via investigation, legal explanation, and public hearings.

Communication and collaboration with civil affairs, social security, and housing authorities will be strengthened to establish mechanisms for information sharing, case consultation, and dispute resolution to jointly safeguard elderly rights.

Additionally, specialized training for procurators will be enhanced, featuring courses by administrative professionals and legal experts on social security policies, land rights confirmation, and housing regulations to improve competence in handling administrative supervision cases related to the elderly, it said.

yangzekun@chinadaily.com.cn