二、残疾人权益保障机制
II. Mechanisms for the Protection of Rights and Interests of Persons with Disabilities文章源自英文巴士-https://www.en84.com/7286.html
文章源自英文巴士-https://www.en84.com/7286.html
中国坚持将残疾人事业纳入国家发展战略，加强残疾人权益法治保障，健全残疾人工作体制，残疾人权益保障机制不断完善。文章源自英文巴士-https://www.en84.com/7286.html
文章源自英文巴士-https://www.en84.com/7286.html
China will continue to include the programs of persons with disabilities into the national development strategy, and strengthen the legal protection of their rights and interests, and improve the support system for them and the mechanisms for ensuring their rights and interests.文章源自英文巴士-https://www.en84.com/7286.html
文章源自英文巴士-https://www.en84.com/7286.html
残疾人事业纳入国家发展战略。自1991年开始，残疾人事业被纳入国民经济和社会发展总体规划，“十一五”至“十三五”国民经济和社会发展规划中分别设立“保障残疾人权益”“加快残疾人事业发展”“提升残疾人服务保障水平”专节。国务院先后颁布7个残疾人事业五年发展规划，对残疾人权益保障工作作出总体部署；发布《国务院关于加快推进残疾人小康进程的意见》《“十三五”加快残疾人小康进程规划纲要》《“十三五”推进基本公共服务均等化规划》《国家残疾预防行动计划（2016－2020年）》和两期《特殊教育提升计划》等一批专项规划，进一步细化残疾人事业发展的工作任务和责任清单；自2009年开始施行的三期国家人权行动计划均规定了残疾人权益保障的任务要求和完成指标。文章源自英文巴士-https://www.en84.com/7286.html
文章源自英文巴士-https://www.en84.com/7286.html
Integrating the programs of persons with disabilities into the national development strategy. Since 1991, programs of persons with disabilities have been included into the overall plan for national economic and social development. From the 11th to the 13th Five-year plans, there have been special sections titled “protecting the rights and interests of persons with disabilities”, “accelerating the programs of persons with disabilities”, and “improving services to and protection of persons with disabilities” in these plans. The State Council has released seven five-year development plans for persons with disabilities, making overall arrangements for the protection of their rights and interests. To further define the tasks and responsibility list for the protection of persons with disabilities, China has issued “Instructions of the State Council on Accelerating the Process Toward Prosperity for Persons with Disabilities”, “Outline for Accelerating the Process Toward Prosperity for Persons with Disabilities in the 13th Five-year Plan Period”, “Plan for Promoting Equal Access to Basic Public Services in the 13th Five-year Plan Period”, “The National Disability Prevention Program (2016-2020)”, and two documents of “Special Education Promotion Plan”, for 2014-2016 and 2017-2020 respectively. Launched in 2009, the three documents of the “National Human Rights Action Plan” for 2009-2010, 2011-2015, and 2016-2020 specified the tasks and goals of this mission.文章源自英文巴士-https://www.en84.com/7286.html
文章源自英文巴士-https://www.en84.com/7286.html
残疾人权益保障法治化。中国已形成以《中华人民共和国宪法》为核心，以《中华人民共和国残疾人保障法》为主干，以《残疾预防和残疾人康复条例》《残疾人教育条例》《残疾人就业条例》《无障碍环境建设条例》等为重要支撑的残疾人权益保障法律法规体系。截至2018年4月，直接涉及残疾人权益保障的法律有80多部，行政法规有50多部。《中华人民共和国宪法》明确规定包括残疾人在内的所有公民都依法享有选举权和被选举权，《中华人民共和国残疾人保障法》规定残疾人在经济、政治、文化、社会和家庭生活等方面享有同其他公民平等的权利，《中华人民共和国选举法》对残疾人行使选举权作出特殊规定，要求为残疾人参加选举提供便利。2018年，共有5000多名残疾人、残疾人亲友和残疾人工作者担任县级以上人大代表和政协委员。国家采取多种措施保障残疾人参与公共事务的平等权利。全国人大常委会多次开展《中华人民共和国残疾人保障法》实施情况的执法检查，持续推动残疾人合法权益保障工作不断改进，全国政协通过开展多种形式的协商议政活动持续推进残疾人的权益保护，最高人民法院、最高人民检察院与中国残联建立协调工作机制，公安部依法严厉打击侵犯残疾人合法权益的违法犯罪行为。全国普遍开通12385残疾人服务热线，建成残疾人信访工作网上服务平台，拓宽残疾人利益诉求渠道。
Law-based protection of rights and interests of persons with disabilities. A legal system is now in place in China with the Constitution of the People’s Republic of China as basis, the Law of the People’s Republic of China on the Protection of Persons with Disabilities as its mainstay. It is taken to a further level of detail in the Regulations on Disability Prevention and Rehabilitation of Persons with Disabilities, Regulations on the Education of Persons with Disabilities, Regulations on the Employment of Persons with Disabilities, and Regulations on the Building of an Accessible Environment. By April 2018, more than 80 laws and 50 administrative regulations had been passed concerning the protection of the rights and interests of persons with disabilities.
The Constitution of the People’s Republic of China explicitly specifies that all citizens, including persons with disabilities, have the right to vote and to stand for election in accordance with the law. The Law on the Protection of Persons with Disabilities provides that persons with disabilities shall enjoy the same economic, political, cultural, social and family rights as other citizens. The Electoral Law of the National People’s Congress and Local People’s Congresses contains special provisions concerning the election rights of persons with disabilities, requiring that assistance be provided to facilitate their participation in elections. In 2018, over 5,000 persons with disabilities, relatives of this group, and personnel working for them were deputies to the people’s congresses and members of the Chinese People’s Political Consultative Conference (CPPCC) above the county level.
The state has taken measures to ensure the equal rights of persons with disabilities to participate in public affairs. The Standing Committee of the National People’s Congress (NPC) has carried out inspections on the implementation of the Law on the Protection of Persons with Disabilities to improve the protection of their lawful rights and interests. The CPPCC National Committee has held various consultative conferences for the same goal. The Supreme People’s Court, the Supreme People’s Procuratorate, and the CDPF have built a joint working mechanism to this end. The Ministry of Public Security has acted with resolution against illegal criminal acts infringing upon the legal rights and interests of persons with disabilities. The 12385 service hotline for persons with disabilities has been launched nationwide, and an online petition platform is also available to expand the channels for these people to express their concerns.
残疾人公共法律服务体系优先建设。最高人民法院等九部门联合印发《关于加强残疾人法律救助工作的意见》，成立了残疾人法律救助工作协调领导小组，指导地方设立残疾人法律救助工作站。最高人民法院要求各级人民法院为残疾人开辟绿色通道，提供优先服务；同时要求为残疾人提供司法便民服务，为残疾人参加庭审活动提供无障碍设施。司法部发布《关于“十三五”加强残疾人公共法律服务的意见》，拓展了残疾人公共法律服务领域，扩大了残疾人法律援助范围，加强了残疾人刑事法律援助。截至2018年，全国设立残疾人法律援助工作站2600余个，建成法律援助便民服务窗口2600余个，各级残疾人联合会（简称“残联”）建立残疾人法律救助工作站1814个。2014年至2018年，共为31.2万残疾人提供法律援助，法律援助机构组织为残疾人提供法律咨询共计124.2万人次。
Prioritizing a public legal service system for persons with disabilities. The Supreme People’s Court and eight other departments have jointly issued the “Directives on Strengthening Legal Aid for Persons with Disabilities”, and set up a leading group to guide local departments in building legal aid centers. The Supreme People’s Court requires that people’s courts at all levels open up green channels for persons with disabilities, give them priority, provide them with convenient legal services, and create barrier-free facilities in courts. The Ministry of Justice released the “Directives on Improving Public Legal Services for Persons with Disabilities in the 13th Five-year Plan Period” to expand the scope of these services, including legal aid, and to strengthen criminal legal aid for these people.
By 2018, more than 2,600 legal aid centers and more than 2,600 service windows for persons with disabilities had been set up across the nation. And 1,814 legal aid stations had been built by disabled persons’ federations at all levels. From 2014 to 2018, a total of 312,000 persons with disabilities benefited from legal aid services, and 1,242,000 received legal advice from legal aid organizations.
残疾人工作体制逐步健全。在推进残疾人事业的工作实践中，形成了党委领导、政府负责、社会参与、残疾人组织充分发挥作用的中国残疾人工作体制。2008年3月发布《中共中央 国务院关于促进残疾人事业发展的意见》，明确了残疾人事业发展的总体要求。成立由34个部委和机构负责人组成的国务院残疾人工作委员会（简称“国务院残工委”），协调国务院有关残疾人事业方针、政策、法规、规划的制定与实施，解决残疾人工作中的重大问题。国务院残工委各成员单位按照部门分工履行残疾人事业有关职责，推动有关残疾人政策的制定与落实。全国县级以上人民政府均成立了残疾人工作委员会。中国残联及地方各级残联充分发挥代表、服务、管理职能，成为党和政府联系残疾人的桥梁和纽带。工会、共青团、妇联等人民团体和老龄协会等社会组织发挥各自优势，维护残疾职工、残疾青年、残疾妇女、残疾儿童和残疾老人的合法权益。红十字会、慈善会、残疾人福利基金会等慈善组织为残疾人事业筹集善款，开展爱心捐助活动。企事业单位承担社会责任，为残疾人事业发展贡献力量。
Improving the support system for persons with disabilities. To provide better protection to persons with disabilities, we have formed a support system in which the CPC Party committees take the lead, the government takes responsibilities, the public gives support, and disabled persons’ organizations play an important role. In March 2008, the “Directives of the CPC Central Committee and the State Council on Promoting the Cause of Persons with Disabilities” was released, which stipulates the general requirements for this work. The State Council Working Committee on Disability was set up by leaders from 34 ministries, departments and organizations to coordinate the formulation and implementation of guidelines, policies, regulations and programs made by the State Council in relation to persons with disabilities, and to address major problems in this regard. The member units of this committee are assigned duties to meet this goal.
The people’s governments above the county level have set up their own committees to develop programs of persons with disabilities. As the bridge and the bond between the Party, the government, and persons with disabilities, the CDPF and its local branches employ to the full their capacity to represent, manage and serve the interests of this group. The Labor Union, the Communist Youth League, the Women’s Federation, and the Association for the Elderly apply their strength to safeguard the lawful rights and interests of workers, youth, women, children and the elderly with disabilities. The Red Cross Society, Charity Society, and China Foundation for Disabled Persons help to raise money and collect donations for those with disabilities. Enterprises and public institutions shoulder their responsibilities to play their part in helping these people.
残疾人组织得到充分发展。中国残联是国家法律确认、国务院批准的由残疾人及其亲友和残疾人工作者组成的人民团体，它代表残疾人共同利益，维护残疾人合法权益；团结帮助残疾人，为残疾人服务；履行法律赋予的职责，承担政府委托的任务，管理和发展残疾人事业。中国残联的最高权力机构是全国代表大会，每五年举行一次。截至2018年，全国（除新疆生产建设兵团、黑龙江垦区外）共成立残联组织4.2万个。中国残联领导盲人协会、聋人协会、肢残人协会、智力残疾人及亲友协会、精神残疾人及亲友协会等专门协会。截至2018年，全国共建立省、地（市）、县三级五类残疾人专门协会1.6万个。
Full development of disabled persons’ federations. The CDPF is a legitimate organization approved by the State Council. It is composed of persons with disabilities, their relatives, and personnel working for them. It represents and safeguards the legitimate rights and interests of persons with disabilities, and aims to unite, help and serve them. It performs duties assigned by law, undertakes tasks entrusted by the government, and manages and develops programs of persons with disabilities. The highest authority of the CDPF is the National Congress, which is held every five years. By 2018, a total of 42,000 disabled persons’ federations had been set up across the nation (with the exception of Xinjiang Production and Construction Corps and Heilongjiang Reclamation Area). The CDPF takes leadership over the China Association of Persons with Visual Disabilities, the China Association of Persons with Hearing Disabilities, the China Association of Persons with Physical Disabilities, the China Association of Persons with Intellectual Disabilities and Their Relatives, and the China Association of Persons with Psychiatric Disabilities and Their Relatives. By 2018, a total of 16,000 branches of these associations at provincial, prefectural (municipal) and county levels were in place.
残疾人数据收集和统计机制不断完善。加强残疾人事业统计调查，规范和完善残疾人权益保障的统计指标，实现残疾人权益保障精细化管理、精准化服务。逐步建立国家和省（区、市）残疾人状况监测体系，制定统计监测指标体系，建立各地区各部门综合统计报表和定期报送审评制度。1987年和2006年开展了两次全国残疾人抽样调查，掌握了残疾人及其人权保障的基本状况。自2015年开始，每年开展全国残疾人基本服务状况和需求调查，统计全国残疾人的基本服务状况、需求信息以及社区残疾人基本公共服务状况信息，建立残疾人基础数据库，实现与政府有关部门数据共享。2018年收集全国3308万持有中华人民共和国残疾人证的残疾人基本服务状况和需求的动态信息，以及近69万个村（社区）的残疾人服务设施状况信息。
Improving data collection and census mechanisms for persons with disabilities. In order to optimize management and fine-tune services, China has strengthened processes for gathering data on persons with disabilities, and for regulating and improving the statistical indicators for the protection of their rights and interests. It has established systems for monitoring disability at the national and provincial levels, for gathering data and monitoring indicators, and for collecting comprehensive statistical forms from all departments and all regions and having them submitted regularly to higher-level authorities for review. Two national surveys on disability in 1987 and 2006 gave us a clearer picture of this group and of the protection of their human rights. Since 2015, surveys have been carried out on their basic services and demands, and on public services available to them at the community level. Databases have been built, and data shared among relevant departments of the government. In 2018, dynamic information on the services accessible to and demands of 33.08 million persons with disability certificates, and information on service facilities for persons with disabilities in 690,000 villages (communities) was gathered.
残疾人事业财政支持大幅增长。“十一五”期间全国残联系统用于残疾人事业发展的财政资金为573.59亿元，“十二五”期间财政资金投入1451.24亿元，比“十一五”期间增长153%。2016年，全国残联系统用于“十三五”期间残疾人事业发展的财政资金共计416.69亿元，比“十二五”同期（2011年）增加241.54亿元，增长138%。2013年至2017年各级财政专门用于残疾人事业的资金投入超过1800亿元，比上一个五年增长123%。2018年已竣工残疾人服务设施达到4069个。
A marked increase in financial support to programs of persons with disabilities.
- Disabled persons’ federations across the nation spent RMB57.36 billion on programs for helping these people during the 11th Five-year Plan period (2006-2010).
- The figure grew to RMB145.12 billion during the 12th Five-year Plan period (2011-2015), an increase of 153 percent.
- The investment was RMB41.67 billion in 2016, the first year of the 13th Five-year Plan period (2016-2020), an increase of RMB24.15 billion, or 138 percent, compared with the first year (2011) during the 12th Five-year Plan period.
- From 2013 to 2017, the fiscal allocations from all levels of the government for persons with disabilities added up to over RMB180 billion, up by 123 percent over the prior five years.
- In 2018, 4,069 service facilities were in place.
