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Law of the People's Republic of China on the protection of disabled persons (abstract)
Date:2015-03-29 00:06:05Publisher:Site editingViews:3317


Standing committee of the seventh National People's Congress on December 28, 1990
Adopted at the 17th meeting on December 28, 1990 by the People's Republic of China
Order of the President no. 36 promulgated as of May 15, 1991)
Orders to record
Chapter I general provisions
Chapter ii kangfu
Chapter iii education
Chapter iv employment
Chapter v cultural life
Chapter vi Foley
Chapter vii the environment
Chapter viii legal liability
Chapter ix supplementary provisions
Chapter I general provisions
Article 1 [purpose and basis]
In order to safeguard the legitimate rights and interests of disabled persons, develop undertakings for disabled persons and ensure their equal and full participation in social life,
This law is formulated in accordance with the constitution to share the material and cultural achievements of society.
Article 2 [definitions, categories, standards]
Disabled persons refer to those who are mentally, physically or physically disabled, who have lost or are not functioning normally, in whole or in part, in a certain way
A person who has lost the ability to engage in certain activities in a normal way.
Disabled persons include visual disability, hearing disability, speech disability, physical disability, intellectual disability, mental disability and multiple disabilities
Diseases and other disabilities.
The standards for disability shall be formulated by the state council.
Article 3 [protection of rights]
Disabled persons enjoy equal rights with other citizens in political, economic, cultural, social and family life.
The civil rights and personal dignity of disabled persons shall be protected by law.
Discrimination, insult or injury against disabled persons shall be prohibited.
Article 4 special AIDS
The state shall adopt auxiliary methods and supportive measures to give special assistance to disabled persons so as to mitigate or eliminate the impact of their disabilities and the outside world
Obstacles to the realization of the rights of the disabled.
Article 5 [special guarantee]
The state and society shall apply this policy to disabled servicemen, persons disabled on duty and other persons disabled for the purpose of safeguarding the interests of the state and the people
Special protection, preferential treatment and assistance.
Article 6 [responsibilities of the government]
People's governments at various levels shall incorporate undertakings for disabled persons into their plans for national economic and social development, and include their expenditures in their financial budgets
To plan, strengthen leadership, coordinate comprehensively and take measures to coordinate the development of undertakings for disabled persons with the economy and society.
The state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall adopt organizational measures to coordinate relevant departments in the undertakings for disabled persons
In the work. The specific organs shall be prescribed by the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government.
The relevant departments of the people's governments at various levels shall keep in close contact with disabled persons, listen to their opinions and, in accordance with their respective functions and duties,
We will do a good job with people with disabilities.
Article 7 [social responsibility]
The whole society should carry forward the socialist humanitarian spirit, understand, respect, care for, help disabled people and support them
One cause.
State organs, public organizations, enterprises, institutions and urban and rural grass-roots organizations shall do a good job in the work of disabled persons within their respective scopes.
State functionaries and other personnel engaged in work with disabled persons shall perform their honorable duties and strive to serve disabled persons.
Article 8 [responsibilities of disabled persons' federations]
The China disabled persons' federation and its local organizations represent the common interests of the disabled, safeguard the legitimate rights and interests of the disabled, unite education disabled people and serve the disabled.
The disabled persons' federations shall undertake the tasks entrusted by the government, carry out work for disabled persons, mobilize social forces and develop undertakings for disabled persons.
Article 9 [responsibilities of guardians, guardians and relatives]
The legal guardian of a disabled person must perform the duty of bringing up the disabled person.
Guardians of disabled persons must perform their guardianship duties and safeguard the lawful rights and interests of the persons under their guardianship.
Relatives and guardians of disabled persons shall encourage and assist disabled persons to enhance their ability of self-reliance.
Maltreatment and abandonment of disabled persons shall be prohibited.
Article 10 [obligations of disabled persons]
Disabled persons must abide by the law, fulfill their due obligations, observe public order and respect social morality.
Disabled persons should develop an optimistic and enterprising spirit, have self-respect, self-confidence, self-improvement and self-reliance, and contribute to socialist construction.
Article 11 [prevention of disability]
The state shall carry out disability prevention work in a planned way, strengthen its leadership over the work of disability prevention, publicize and popularize eugenics
Knowledge on the prevention of disabilities shall be formulated in the light of heredity, diseases, drug poisoning, accidents, disasters, environmental pollution and other factors causing disabilities
To enact laws and regulations, organize and mobilize social forces, and take measures to prevent the occurrence and development of disabilities.
Article 12 [awards]
For disabled persons who have made outstanding achievements in socialist construction, it is necessary to safeguard the legitimate rights and interests of disabled persons and develop disabled personnel
The government and other relevant departments shall give awards to units and individuals that have made outstanding achievements in their work or in the service of disabled persons.
Chapter ii kangfu
Article 13 [responsibilities]
The state and society shall take rehabilitation measures to help disabled persons recover or compensate for their functions and enhance their ability to participate in social life.
Article 14 [guiding principles]
Rehabilitation work should proceed from the reality and combine modern rehabilitation technology with traditional rehabilitation technology in China. Rehabilitation institutions
Backbone, community rehabilitation as the foundation, the disabled family as the support; To practical, easy to implement, benefit from a wide range of rehabilitation content as the focus, and
We will carry out research, development and application of new rehabilitation technologies to provide effective rehabilitation services for the disabled.
Article 15 [organization and implementation]
The government and relevant departments shall, in a planned way, establish departments of rehabilitation medicine in hospitals, set up necessary specialized rehabilitation institutions, and carry out rehabilitation medical treatment and training, scientific research, personnel training and technical guidance.
People's governments at various levels and relevant departments shall organize and guide networks of urban and rural community services, medical treatment, prevention and health care, and disabled persons
To organize families of disabled persons and other social forces to carry out community rehabilitation work.
Education institutions for disabled persons, welfare enterprises and institutions and other institutions serving disabled persons shall create conditions for their opening
Exhibit rehabilitation training activities.
Disabled persons shall make efforts under the guidance of professionals and with the help of relevant staff, volunteers and relatives
Functional, self - care ability and labor skills training.
The state council and other relevant departments shall determine key rehabilitation projects by stages, formulate plans and organize forces for their implementation.
Article 16 [personnel training]
Medical colleges and universities and other relevant colleges and universities shall, in a planned way, set up rehabilitation courses, set up rehabilitation majors and train various rehabilitation specialties
Industry talents.
Article 17 [apparatus]
The relevant departments of the government shall organize and support disabled persons to use rehabilitation equipment, self-help tools, special supplies and other auxiliary tools
Research and development, production, supply, maintenance services.
Chapter iii education
Article 18 [duties]
The state guarantees the rights of disabled people to receive education.
People's governments at all levels shall take education for disabled persons as an integral part of the education cause of the state and make unified plans to strengthen leadership.
The state, society, schools and families impose obligations on disabled children and teenagers.
The state waivers tuition fees for disabled students who accept compulsory education and waivers miscellaneous fees according to the actual situation. The state establishes educational aid
Kim, helping poor and disabled students go to school.
Article 19 [teaching by dependency]
Education for disabled persons shall be implemented in accordance with the following requirements according to their physical and mental characteristics and needs:
(I) strengthen physical and mental compensation and professional skills education while conducting ideological education and cultural education;
(2) adopt ordinary education mode or special education mode according to the category of disability and acceptance ability;
(iii) the curriculum, teaching materials, teaching methods, enrollment and school age of special education can be moderately flexible.
Article 20 [development policy]
Disabled people education, the implementation of the combination of popularization and improvement, focus on the popularization of the policy, focus on the development of obligations education and occupation
Education technology, actively carry out pre-school education, and gradually develop education above senior middle level.
Article 21 [channels for running schools]
The state sets up education institutions for disabled people and encourages social forces to run schools and donate funds for education.
Article 22 [normal education mode]
Ordinary education institutions implement education for disabled people with the ability to accept ordinary education.
Ordinary primary and junior secondary schools must admit disabled children and juveniles who are able to adapt themselves to their study and life. Ordinary high
Grade and secondary schools, secondary professional schools, technical schools and institutions of higher learning must recruit disabled persons who meet the admission standards stipulated by the state
A sick examinee may not refuse to enroll because of his disability; If the applicant refuses to enroll, the party concerned or his relatives or guardians may request it
If the matter is handled by the relevant departments, the departments concerned shall order the school to enroll.
Ordinary children education institutions should accept disabled children who can adapt to their lives.
Article 23 [special education mode]
Education institutions for disabled children, classes for disabled children attached to education institutions for ordinary children, preschool classes for special education schools, and disabled children
Welfare institutions for sick children and families of disabled children shall implement pre-school education for disabled children.
The special education classes attached to primary and secondary schools and lower special education schools and ordinary schools do not have the ability to accept ordinary education
Of the disabled children, teenagers implement obligations.
Education institutions for special education classes and vocational technology for disabled persons attached to senior middle school and above special education schools and ordinary schools,
Article 24 [adult education]
The relevant departments of the government, the units to which disabled persons belong and the society at large shall carry out literacy eradication, vocational training and other forms of training for disabled persons
People education, encourage disabled people to teach themselves.
Article 25 [teachers]
The state has planned to hold education special education institutions and majors at all levels, and set up special education classes in ordinary normal universities
(department), cultivate and train special education teachers. Ordinary normal colleges and universities offer special education courses or teach relevant content to make general
Master the necessary special education knowledge.
Special education teachers and sign language interpreters are entitled to special education allowance.
Article 26 [supplementary means]
The relevant departments of the government shall organize and support the research and application of braille and sign language, and the compilation and publication of special education textbooks.
Special education teaching equipment and other auxiliary supplies development, production and supply.
Chapter iv employment
Article 27 [duties]
The state protects the right of disabled persons to work.
People's governments at various levels shall make overall plans for the employment of disabled persons and create conditions for their employment.
Article 28 [guidelines]
The principle of combining centralization with decentralization shall be implemented in the employment of disabled persons, and preferential policies and supportive and protective measures shall be adopted
We will gradually popularize, stabilize and rationalize the employment of disabled people through multiple channels, at different levels and in various forms.
Article 29 [centralized arrangements]
The state and society shall set up welfare enterprises for disabled persons, work-treatment institutions, massage medical institutions and other welfare enterprises and institutions
Weave, centralize arrangement disabled person obtain employment.
Article 30 [decentralized arrangements]
The state promotes the absorption of disabled persons into employment by various units.
State organs, public organizations, enterprises, institutions and urban and rural collective economic organizations shall, in accordance with a certain proportion, arrange employment for and for disabled persons
Choose the right type of work and position. The people's governments of provinces, autonomous regions and municipalities directly under the central government may, in light of the actual situation, prescribe specific proportions.
Article 31 [self-employment]
The relevant departments of the government shall encourage and help disabled persons to organize themselves voluntarily for employment or start their own businesses.
Article 32 [rural Labour]
Local people's governments at various levels and grass-roots organizations in rural areas shall organize and support disabled persons in rural areas to engage in planting, breeding and breeding.
Handicraft industry and other forms of productive Labour.
Article 33 [preferential treatment and support]
The state applies a policy of tax reduction and exemption to welfare-oriented enterprises and institutions for disabled persons and to individual workers with disabilities in urban and rural areas
Support shall be given to production, management, technology, capital, materials and sites.
Local people's governments and relevant departments shall determine products suitable for the production of disabled persons and give priority to the production of disabled persons' welfare enterprises
Production, and gradually determine that some products by the disabled welfare enterprises specializing in production.
When assigning quotas for the recruitment and employment of staff and workers, the relevant government departments shall determine a certain amount for the disabled.
For disabled persons who apply to engage in individual industry and commerce, the relevant departments shall give priority to the issuance of business licenses and provide them with on-site and credit services
And so on. For disabled persons in rural areas who are engaged in various types of productive Labour, the relevant departments shall refer to them in terms of production services and techniques
We will give assistance in guiding, supplying agricultural materials, purchasing agricultural and sideline products and providing credit.
Article 34 [protection]
The state protects the property ownership and managerial autonomy of welfare enterprises and institutions for the disabled and their lawful rights and interests from encroachment
The same mistake.
In the recruit and use of the worker, hire, turn, promotion, professional title evaluates, labor reward, life welfare, labor insurance to wait for a square
No discrimination shall be allowed against disabled persons.
Disabled graduates from institutions of higher learning, secondary vocational schools and technical schools allocated by the state may not be cited by the relevant units
Refusal to accept because of disability; If a party refuses to accept the goods, it may request the relevant department to deal with the matter, and the relevant department shall order the said unit to accept the goods.
The units in which disabled workers work shall provide disabled workers with working conditions and labor protection suitable to their characteristics.
Article 35 [employee training]
The unit to which the disabled worker belongs shall provide on-the-job technical training to the disabled worker to improve his or her labor skills and technical level.
Chapter v cultural life
Article 36 [duties]
The state and society shall encourage and help disabled persons to participate in various cultural, sports and recreational activities in an effort to meet the spiritual needs of disabled persons
Change the needs of life.
Article 37 [guiding principles]
Cultural, sports and recreational activities for disabled persons shall be geared to the grass-roots level, integrated into social and public cultural life and adapted to various types of disabled persons
The different characteristics and needs of disabled people enable them to participate extensively.
Article 38 [measures]
The state and society shall adopt the following measures to enrich the spiritual and cultural life of disabled persons:
(1) to reflect the lives of and serve disabled persons through radio, film, television, newspapers, periodicals, books and other forms;
To organize and support the compilation, publication and opening of braille books, audio books for the blind, books for the deaf and books for the mentally retarded
To organize TV sign language programs and add subtitles and explanations to some films and TV programs;
To organize and support disabled persons to engage in mass cultural, sports and recreational activities, and to hold special art performances and special events
Sports meet, participate in major international competitions and exchanges;
(4) places for cultural, sports, recreational and other public activities to provide convenience and care for disabled persons. We will set up places for activities for the disabled in a planned way.
Article 39 [encourage creation]
The state and society shall encourage and help disabled persons to engage in literature, art, education, science, technology and other activities beneficial to the people
Creative labor.
Chapter vi Foley
Article 40 [duties]
The state and society shall adopt assistance, relief and other welfare measures to guarantee and improve the lives of disabled persons.
Article 41 [relief and support]
The state and society shall, through various channels, provide relief and subsidies to disabled persons who really have difficulties in their daily lives.
The state and society shall, in accordance with regulations, provide for disabled persons who have no ability to work, no means of supporting them or no source of livelihood.
Relief.
Article 42 [insurance]
Units where disabled persons work, urban and rural grass-roots organizations and families of disabled persons shall encourage and help disabled persons to participate in social insurance.
Article 43 [welfare, social security and nursing institutions]
Local people's governments at various levels and the society shall set up welfare institutions and other institutions for placement and adoption, and settle and adopt disabled persons in accordance with relevant regulations.
And gradually improve their lives.
Article 44 [special care]
Public service institutions shall provide priority services and supplementary services for disabled persons.
Disabled persons shall be given convenience and care in taking public transport vehicles. The necessary auxiliary equipment is allowed to be carried free of charge
Belt.
Blind people can take city buses, trams, subways and ferries for free. Mail for blind people is free

 

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