中华人民共和国残疾人保障法 Law of the People's Republic of 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 and promulgated by Order No.36 of the President of the People's Republic of China on December 28, 1990)
- 颁布日期：1990-12-28
- 实施日期：
- 时 效 性：有效
- 发文文号：
- 颁布单位：全国人大常委会
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 Liabilities
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" refers 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.
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 prevention, formulate laws and regulations dealing with 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 research, 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 in 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, trolleybuses, 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 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 Liabilities
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, or institute lawsuits at people's courts in accordance with law.
Article 50 Where government functionaries neglect their duties, in violation of law, and infringe upon the lawful rights and interests of disabled persons, the units to which they belong or 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 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.