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 法律英译法律英译 → 中华人民共和国残疾人保障法(英文版)
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中华人民共和国残疾人保障法(英文版)
发表日期: 2008/4/14 7:33:39 阅读次数: 4847 查看权限: 普通信息

中华人民共和国残疾人保障法(英文版)
            Law of the People's Republic if China on the Protection of Disabled
            Persons
            
            Law of the People's Republic if China on the Protection of Disabled
            Persons
            (Adopted at the 17th Meeting of the Standing Committee of the
            Seventh National People's Congress on December 28, 1990, promulgated
            by Order No. 36 of the President of the People's Republic of China
            on December 28, 1990, and effective as of May 15, 1991)
            
              Contents
              Chapter I General Provisions
              Chapter II Rehabilitation
              Chapter III Education
              Chapter IV Employment
              Chapter V Cultural Life
              Chapter VI Welfare
              Chapter VII Environment
              Chapter VIII Legal Liability
              Chapter IX Supplementary Provisions
              Chapter I General Provisions
              Article 1 This Law is formulated in accordance with the
            Constitution for the purposes of protecting the lawful rights and
            interests of, and developing undertakings for, disabled persons, and
            ensuring their, equal and full participation in social life and
            their share of the material and cultural wealth of the society.
              Article 2 A disabled person refers to one who suffers from
            abnormalities or loss of a certain organ or function,
            psychologically or physiologically, or in anatomical structure and
            who has lost wholly or in part the ability to engage in activities
            in a normal way.
              “Disabled persons” refer to those with visual, hearing, speech or
            physical disabilities, mental retardation, mental disorder, multiple
            disabilities and/or other disabilities.
              The criteria for classification of disabilities shall be
            established by the State Council.
              Article 3 Disabled persons shall enjoy equal rights with other
            citizens in political, economic, cultural and social fields, in
            family life and other aspects.
              The citizen's rights and personal dignity of disabled persons
            shall be protected by law.
              Discrimination against, insult of and infringement upon disabled
            persons shall be prohibited.
              Article 4 The State shall provide disabled persons with special
            assistance by adopting supplementary methods and supportive measures
            with a view to alleviating or eliminating the effects of their
            disabilities and external barriers and ensuring the realization of
            their rights.
              Article 5 The State and society shall provide special assurance,
            treatment and pension to wounded or disabled servicemen and persons
            disabled while on duty or for protecting the interests of the State
            and people.
              Article 6 The people's governments at all levels shall incorporate
            undertakings for disabled persons into plans for economic and social
            development through budget arrangement, overall planning and
            coordination and other measures under strengthened leadership with a
            view to ensuring that undertakings for disabled persons develop in
            coordination with economic and social progress.
              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
            departments concerned in the work for the disabled. The
            establishment of specific institutions shall be decided upon by the
            State Council and/or the people's governments of provinces,
            autonomous regions and municipalities directly under the Central
            Government.
              Departments concerned under the people's governments at various
            levels shall keep in close contact with disabled persons, solicit
            their opinions and fulfil their respective duties in the work for
            disabled persons.
              Article 7 The whole society should display socialist
            humanitarianism, understand, respect, care for and assist people
            with disabilities and support the work for disabled persons.
              State organs, public organizations, enterprises, institutions and
            urban and rural organizations at grassroots level shall do their
            work for the disabled well, as is within their responsibility.
              State functionaries and other personnel engaged in the work for
            the disabled should work hard to fulfil their lofty duties in
            serving the disabled.
              Article 8 The China Disabled Persons' Federation (CDPF) and its
            local branches shall represent the common interests of disabled
            persons, protect their lawful rights and interests, unite, educate
            and provide service to disabled persons.
              Disabled persons' federations shall undertake tasks entrusted by
            the government, conduct work for disabled persons and mobilize
            social forces in developing undertakings for disabled persons.
              Disabled persons' federations shall undertake tasks entrusted by
            the government, conduct work for disabled persons and mobilize
            social forces in developing undertakings for disabled persons.
              Article 9 Legal fosterers of disabled persons must fulfil their
            duties toward their charge.
              Guardians of disabled persons must fulfil their duties of
            guardianship and protect the lawful rights and interests of their
            charge.
              Family members and guardians of disabled persons should encourage
            and assist disabled persons to enhance their capability of
            self-reliance.
              Maltreatment and abandoning of disabled persons shall be
            prohibited.
              Article 10 Disabled persons must abide by laws, carry out their
            due obligations, observe public order and respect social morality.
              Disabled persons should display an optimistic and enterprising
            spirit, have a sense of self-respect, self-confidence, self-exertion
            and self-reliance, and make contributions to the socialist
            construction.
              Article 11 The State shall undertake, in a planned way, the work
            of disability prevention, strengthen leadership in this regard,
            publicize and popularize knowledge of eugenics and
            disability-causing factors such as heredity, diseases, medical
            poisoning, accidents, calamity and environmental pollution and adopt
            measures to prevent the occurrence and aggravation of disabilities
            by organizing and mobilizing social forces.
              Article 12 Governments and departments concerned shall award those
            disabled persons who make notable achievements in socialist
            construction and those units or individuals who make remarkable
            contributions to safeguarding the lawful rights and interests of,
            promoting undertakings for, and providing service to, disabled
            persons.
              Chapter II Rehabilitation
              Article 13 The State and society shall adopt measures of
            rehabilitation to help disabled persons regain normal functions or
            compensate for lost functions, thus enhancing their ability to
            participate in social life.
              Article 14 The work of rehabilitation shall, proceeding from the
            actual conditions, combine modern rehabilitation techniques with
            traditional Chinese techniques, with rehabilitation institutions at
            the core and the community as the base and relying on the families
            of disabled persons for support. Emphasis shall be laid on
            rehabilitation projects which are practical, easy to realize and
            widely beneficial. Efforts shall also be made in the research,
            exploration and application of new rehabilitation technology so as
            to provide more effective rehabilitation service to disabled
            persons.
              Article 15 The governments and departments concerned should
            establish in a planned way medical rehabilitation departments
            (sections) in hospitals, set up appropriate special institutions of
            rehabilitation and carry out clinical practice and training,
            scientific, personnel training and work of technical guidance in the
            field of rehabilitation.
              The people's governments and departments concerned at various
            levels shall organize and guide urban and rural community service
            networks, medical prevention and health care networks, organizations
            and families of disabled persons and other social forces in carrying
            out community-based rehabilitation work.
              Departments of education, welfare enterprises and institutions and
            other service organizations for disabled persons shall create
            conditions for rehabilitation training activities.
              Disabled persons, with guidance from professional personnel and
            help from relevant staff, volunteers and family members, should
            actively take part in training programmes for functional recovery,
            and acquiring self-care ability and work skills.
              The State Council and departments concerned shall determine
            priority rehabilitation projects in different phases, formulate
            plans thereof and organize forces for their implementation.
              Article 16 Medical colleges and schools and other relevant
            educational institutes shall, in a planned way, offer courses and
            specialties on rehabilitation so as to train various kinds of
            special personnel for rehabilitation work.
              The State and society shall provide various forms of technical
            training for personnel engaged in rehabilitation work, popularize
            knowledge of rehabilitation among disabled persons, their family
            members, relevant staff and volunteers and teach them methods of
            rehabilitation.
              Article 17 Governmental departments concerned shall organize and
            support the research, production, supply and maintenance of
            rehabilitation appliances, equipment for self-service, special
            articles and other auxiliary facilities for disabled persons.
              Chapter III Education
              Article 18 The State shall guarantee the right of disabled persons
            to education.
              People's governments at various levels shall make education of
            disabled persons a component of the State educational programme,
            strengthen leadership on this respect and include it in their
            overall planning.
              The State, society, schools and families shall provide compulsory
            education to disabled children and juveniles.
              The State shall exempt disabled students who accept compulsory
            education from tuition and reduce fees or exempt them from fees in
            the light of actual conditions. The State shall offer grants to aid
            students who are poor and disabled.
              Article 19 The education of disabled persons shall be carried out
            according to their physical and psychological features and needs and
            shall meet the following requirements:
              (1) Strengthen physical and psychological compensation and
            vocational and technical training while providing ideological and
            cultural education;
              (2) Adopt normal or special methods of education according to
            different categories of disability and varied abilities of response;
            and
              (3) The curricula, teaching materials and methods for special
            education and the age requirement for admission and schooling may be
            determined with appropriate flexibility.
              Article 20 The principle of combining popularization with
            upgrading of quality shall be implemented in education of disabled
            persons, with emphasis on the former. Priority shall be given to
            compulsory education and vocational and technical education while
            efforts shall be made to carry out preschool education and gradually
            develop education at and above the senior middle school level.
              Article 21 The State shall set up educational institutions for
            disabled persons and encourage social forces to run schools and
            donate funds for schools.
              Article 22 Ordinary educational institutions shall provide
            education to disabled persons who are able to respond to ordinary
            education.
              Ordinary primary schools and junior middle schools must admit
            disabled children or juveniles who are able to adapt themselves to life and study there; ordinary  senior  middle schools, secondary polytechnic schools, technical schools and
            institutions of higher learning must admit disabled students who
            meet the state admission requirements and shall not deny their
            admission for their disabilities; in case of such denial, the
            disabled student, his/her family members or guardian may appeal to
            the relevant authorities for disposition. The relevant authorities
            shall instruct the school concerned to accept the student.
              Ordinary institutions of preschool education shall admit disabled
            children who are able to adapt themselves to the life there.
              Article 23 Preschool education institutions for the disabled,
            classes for disabled children attached to ordinary preschool
            education institutions, preschool classes of special education
            schools, welfare institutions for disabled children and families of
            disabled children shall be responsible for preschool education of
            disabled children.
              Special schools at or below junior middle school level and special
            classes attached to ordinary schools shall be responsible for the
            implementation of compulsory education for disabled children and
            juveniles who are not able to respond to ordinary education.
              Special schools and special classes attached to ordinary schools
            at or above senior middle school level as well as institutions of
            vocational and technical education for disabled persons shall be
            responsible for providing cultural education at or above senior
            middle school level and vocational and technical education for
            eligible disabled persons.
              Article 24 Governmental departments concerned, units where disable
            persons work and society shall carry out anti-illiteracy education,
            vocational training and other forms of adult education for disabled
            persons and encourage them to tap their talents through
self-studies.
              Article 25 The State shall systematically set up various forms of
            normal schools and specialties for special education at different
            levels and special education classes (departments) attached to
            ordinary normal schools to educate and train teaching staff for
            special education. Ordinary normal schools shall offer courses or
            lectures on special education so that teachers in ordinary education
            may have some necessary knowledge of special education.
              Teachers of special education and sign language interpreters shall
            enjoy allowances for special education.
              Article 26 Governmental departments concerned shall organize and
            support the research and application of braille and sign language,
            the compilation, writing and publication of special education
            teaching materials and the research, production and supply of
            teaching apparatus and other auxiliary facilities for special
            education.
              Chapter IV Employment
              Article 27 The State shall guarantee disabled persons' right to
            work.
              People's governments at various levels shall formulate overall
            plans for employment of disabled persons and create conditions for
            their employment.
              Article 28 Employment of disabled persons shall follow the
            principle of combining collective arrangement with individual
            arrangement. Preferential policies and measures of support and
            protection shall be adopted with a view to gradually popularizing,
            stabilizing and rationalizing employment of disabled persons through
            multiple channels, at various levels and in a variety of forms.
              Article 29 The State and society shall set up welfare enterprises
            for disabled persons, workers sanatoria, massage therapy centres and
            other enterprises and institutions of welfare nature as a way of
            providing concentrated employment for disabled persons.
              Article 30 The State shall promote the employment of disabled
            persons by various units. People's governments at all levels and
            departments concerned shall organize and provide guidance in this
            regard. State organs, public organizations, enterprises,
            institutions and urban and rural collective economic organizations
            shall employ a certain proportion of disabled persons in appropriate
            types of jobs and posts. The specific ratio may be determined by the
            people's governments of provinces, autonomous regions and
            municipalities directly under the Central Government in line with
            their actual conditions.
              Article 31 Governmental departments concerned shall encourage and
            assist disabled persons to find employment through voluntary
            organization or to open individual business.
              Article 32 Local people's governments at various levels and rural
            grassroots organizations shall organize and support disabled persons
            in rural areas to engage in crop planting, animal breeding,
            handicraft industry and other forms of production.
              Article 33 The State shall implement the policy of tax reduction
            or exemption in relation to welfare enterprises and institutions for
            disabled persons and self-employed disabled workers in urban and
            rural areas, and provide assistance in production, management,
            technology, funds, materials supply, working sites and other fields.
              Local people's governments and departments concerned shall
            determine the types of products suitable for production by disabled
            persons, give priority to the production of such products by welfare
            enterprises for disabled persons and gradually determine which
            products are to be produced exclusively by such enterprises.
              Governmental departments concerned shall, in determining the quota
            for employing and engaging workers and staff members, allot a
            certain proportion of the quota to disabled persons.
              Departments concerned shall, in verifying and issuing business
            licenses, give priority to disabled persons who apply for licenses
            as self-employed workers or businessmen and give them preferential
            treatment in allotting work sites and loans and in other ways.
              Departments concerned shall provide assistance to disabled persons
            engaged in various kinds of labour in rural areas by way of
            production services, technical guidance, supply of materials for
            agricultural use, collection and purchase of farm and sideline
            products and loans.
              Article 34 The State shall protect the property ownership and the
            managerial decision-making power of welfare enterprises and
            institutions for disabled persons, whose lawful rights and interests
            shall not be violated.
              No discrimination shall be practised against disabled persons in
            employment, engagement, status regularization, promotion,
            determining technical or professional titles, payment for labour,
            welfare, labour insurance or in other aspects.
              No enterprises or institutions shall deny disabled graduates
            assigned by the State from institutions of higher learning,
            polytechnic schools or technical schools solely on the ground of
            their disabilities; in case of such denial, the disabled graduates
            may appeal to departments concerned for disposition and the relevant
            departments shall instruct the enterprises or institutions concerned
            to accept the said graduate students.
              Enterprises and institutions where disabled persons work shall
            provide the disabled workers with appropriate working conditions and
            labour protection.
              Article 35 Enterprises and institutions where disabled persons
            work shall provide in-service technical training to disabled
            employees with a view to upgrading their skills and techniques.
              Chapter V Cultural Life
              Article 36 The State and society shall encourage and assist
            disabled persons to participate in various cultural, sports and
            recreative activities and strive to meet the needs of the spiritual
            and cultural life of disabled persons.
              Article 37 Cultural, sports and recreative activities for disabled
            persons should be directed at grassroots levels, integrated in
            public cultural life and geared to the different characteristics and
            needs of different categories of disabled persons with a view to
            bringing about extensive participation.
              Article 38 The State and society shall adopt the following
            measures to enrich the spiritual and cultural life of disabled
            persons:
              (1) Reflect the life of disabled persons through radio, film,
            television, press and periodicals, books and other media in the
            interests of disabled persons;
              (2) Organize and support the compilation, writing and publication
            of braille books, audio materials for the blind and reading
            materials for the deaf and mentally retarded; offer TV programmes in
            sign language and put in subtitles or narrations in some movies and
            TV programmes;
              (3) Organize and support disabled persons for mass cultural,
            sports and recreative activities, and in staging special art
            performances, holding special sports meets and participating in
            major international sports games and exchanges; and
              (4) Provide facilities and accommodations for disabled persons at
            places of cultural, sports, recreative and other public activities
            and set up in a planned way activity centres for disabled persons.
              Article 39 The State and society shall encourage and assist
            disabled persons to engage in creative work beneficial to the
            people, such as in literature, art, education, science and
            technology.
              Chapter VI Welfare
              Article 40 The State and society shall adopt supportive, relief
            and other welfare measures to secure and improve the life of
            disabled persons.
              Article 41 The State and society shall provide relief and
            subsidies through various channels to disabled persons with real
            financial difficulties.
              The State and society shall foster and provide relief, in
            accordance with relevant regulations, to disabled persons without
            work capabilities, or legal fosterer, or financial resource.
              Article 42 Units where disabled persons work, urban and rural
            grassroots organizations and families of disabled persons should
            encourage and assist disabled persons to join social insurance.
              Article 43 People's governments at various levels and the society
            shall establish welfare centres and other placement and foster
            institutions, settle and foster disabled persons in accordance with
            relevant regulations and gradually improve their living standards.
              Article 44 Agencies of public services shall provide preferential
            and auxiliary services to disabled persons.
              In taking public transport vehicles, disabled persons shall be
            given convenience and special consideration; they shall be permitted
            to carry on board their indispensable and auxiliary facilities free
            of charge.
              Blind persons may take local buses, trolley buses, subways and
            ferries free of charge. Mailing and delivery of braille books shall
            be free of charge.
              People's governments at county and township levels shall, in line
            with the actual conditions, reduce or exempt disabled persons in
            rural areas from obligatory labour, public utilities fees and other
            social obligations.
              People's governments at various levels shall step by step increase
            their care and support for the disabled.
              Chapter VII Environment
              Article 45 The State and society shall step by step create a sound
            environment to improve the conditions for disabled persons to
  &nbs, p;         participate in social life.
              Article 46 The State and society shall gradually regularize the
            design of urban roads and buildings to the convenience of disabled
            persons and adopt barrier-free measures.
              Article 47 The State and society shall promote mutual
            understanding and exchanges between disabled persons and their
            fellow-citizens, publicize undertakings for disabled persons and
            deeds of assisting disabled persons, promulgate the unyielding
            spirit of disabled persons and foster a social environment of unity,
            fraternity and mutual assistance.
              Article 48 The third Sunday of May each year is the National Day
            of Assisting Disabled Persons.
              Chapter VIII Legal Liability
              Article 49 Where the lawful rights and interests of disabled
            persons are violated, the offended persons or their agents shall
            have the right to appeal to the competent authorities for
            disposition, of institute lawsuits at people's courts in accordance
            with the law.
              Article 50 Where government functionaries neglect their duties, in
            violation of the law, and infringe upon the lawful rights and
            interests of disabled persons,the units to which they belong of their higher authorities shall
            instruct such persons to correct their wrong doings or subject them
            to administrative sanctions.
              Article 51 Whoever infringes upon the lawful rights and interests
            of a disabled person and causes property or other losses or damage
            shall compensate for the losses or damage according to law or bear
            other civil liabilities.
              Article 52 Whoever infringes upon the right of person or to other
            lawful rights of disabled persons by taking advantage of their
            disabilities and constitutes a crime shall be given a heavier
            punishment in accordance with the relevant provisions of the
            Criminal Law.
              Whoever, by violence or other means, publicly insults disabled
            persons, shall, if the circumstances are serious, be investigated
            for criminal responsibility in accordance with the provisions of
            Article 145 of the Criminal Law, and, if the circumstances are less
            serious, be subject to punishment in accordance with the provisions
            of Article 22 of the Regulations on Administrative Penalties for
            Public Security.
              Whoever maltreats disabled persons shall be punished in accordance
            with the provisions of Article 22 of the Regulations on
            Administrative Penalties for Public Security; and, if the
            circumstances are flagrant, he shall be investigated for criminal
            responsibility in accordance with the provisions of Article 182 of
            the Criminal Law.
              Whoever refuses to perform his duty of fostering a disabled person
            who is unable to live independently, shall, if the circumstances are
            flagrant, or if he abandons such a disabled person, be investigated
            for criminal responsibility in accordance with the provisions of
            Article 183 of the Criminal Law.
              Whoever has illicit sexual relations with a disabled person who is
            unable to account for her own conduct due to mental retardation or
            mental disorder shall be deemed to have committed rape and shall be
            investigated for criminal responsibility in accordance with the
            provisions of Article 139 of the Criminal Law.
              Chapter IX Supplementary Provisions
              Article 53 Departments concerned under the State Council shall
            formulate relevant regulations in accordance with this Law and
            submit them to the State Council for approval before implementation.
              The standing committees of the people's congresses of provinces,
            autonomous regions and municipalities directly under the Central
            Government may formulate measures of implementation in accordance
            with this Law.
              Article 54 This Law shall enter into force as of May 15, 1991.

, p;         participate in social life.
              Article 46 The State and society shall gradually regularize the
            design of urban roads and buildings to the convenience of disabled
            persons and adopt barrier-free measures.
              Article 47 The State and society shall promote mutual
            understanding and exchanges between disabled persons and their
            fellow-citizens, publicize undertakings for disabled persons and
            deeds of assisting disabled persons, promulgate the unyielding
            spirit of disabled persons and foster a social environment of unity,
            fraternity and mutual assistance.
              Article 48 The third Sunday of May each year is the National Day
            of Assisting Disabled Persons.
              Chapter VIII Legal Liability
              Article 49 Where the lawful rights and interests of disabled
            persons are violated, the offended persons or their agents shall
            have the right to appeal to the competent authorities for
            disposition, of institute lawsuits at people's courts in accordance
            with the law.
              Article 50 Where government functionaries neglect their duties, in
            violation of the law, and infringe upon the lawful rights and
            interests of disabled persons,the units to which they belong of their higher authorities shall
            instruct such persons to correct their wrong doings or subject them
            to administrative sanctions.
              Article 51 Whoever infringes upon the lawful rights and interests
            of a disabled person and causes property or other losses or damage
            shall compensate for the losses or damage according to law or bear
            other civil liabilities.
              Article 52 Whoever infringes upon the right of person or to other
            lawful rights of disabled persons by taking advantage of their
            disabilities and constitutes a crime shall be given a heavier
            punishment in accordance with the relevant provisions of the
            Criminal Law.
              Whoever, by violence or other means, publicly insults disabled
            persons, shall, if the circumstances are serious, be investigated
            for criminal responsibility in accordance with the provisions of
            Article 145 of the Criminal Law, and, if the circumstances are less
            serious, be subject to punishment in accordance with the provisions
            of Article 22 of the Regulations on Administrative Penalties for
            Public Security.
              Whoever maltreats disabled persons shall be punished in accordance
            with the provisions of Article 22 of the Regulations on
            Administrative Penalties for Public Security; and, if the
            circumstances are flagrant, he shall be investigated for criminal
            responsibility in accordance with the provisions of Article 182 of
            the Criminal Law.
              Whoever refuses to perform his duty of fostering a disabled person
            who is unable to live independently, shall, if the circumstances are
            flagrant, or if he abandons such a disabled person, be investigated
            for criminal responsibility in accordance with the provisions of
            Article 183 of the Criminal Law.
              Whoever has illicit sexual relations with a disabled person who is
            unable to account for her own conduct due to mental retardation or
            mental disorder shall be deemed to have committed rape and shall be
            investigated for criminal responsibility in accordance with the
            provisions of Article 139 of the Criminal Law.
              Chapter IX Supplementary Provisions
              Article 53 Departments concerned under the State Council shall
            formulate relevant regulations in accordance with this Law and
            submit them to the State Council for approval before implementation.
              The standing committees of the people's congresses of provinces,
            autonomous regions and municipalities directly under the Central
            Government may formulate measures of implementation in accordance
            with this Law.
              Article 54 This Law shall enter into force as of May 15, 1991.

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