2015考研英语复习：中华人民共和国残疾人保障法 (一) 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)
颁布日期：19901228 实施日期：19910515 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 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
发表于 2017-8-6 14:13:32