Equality, Participation and Sharing: 70 Years of Protecting the Rights and Interests of Persons with Disabilities in the PRC

July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Education and Inclusive Education V.Employment and Entrepreneurship VI.Basic Life and Social Security VII.Creating an Accessible Environment and Enabling Mobility.

Judicial Protection and Restorative Justice of the Support Rights and Interests for the Elderly Rights——Taking the Sample of Judgement Documents from 2013-2018 as Analysis Object

The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinship structure of parents and children,the support obligators are mainly men,the content of support is mainly material appeals.In the judicial process,there are some characteristics worth studying,such as lawyers,intervention,judges,thinking,reasoning and expression.In view of this,the current development direction of the judicial protection of elderly’s rights and interests in China should be carried out around the goal of"restorative justice"and efforts should be made,such concept renewal,system improvement and spiritual support prospect.

Migrant Workers' Lack of Cultural Rights and Interests and Government Safeguard Measures

This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests.

The Legal Support for the Protection of the Disabled Children's Rights and Interests

How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obvious,mainly including that the right to exist is not protected,the right to education is changed,the right to development is not implemented,the right to participate is not respected,and the right to be protected is not safeguarded,etc.As the legal position of the protection of the disabled children’s rights and interests is absent,it is imperative to choose the legal support ways for the protection of the disabled children’s rights and interests.

Analysis of Hidden Danger in Farmer's Rights and Interests during Farmland Transfer——An Evaluation of Rights Safeguarding Effect of Farmland Transfer Contract

Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.

Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity

The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.

Safeguarding Farmer Workers' Rights and Interests——An interview with Ye Jingyi, professor of Beijing University Law School

Farmer workers are a new powerful workforce that has sprung up amid China＇s reform and door opening and in the process of the country＇s industrialization and urbanization. They have made great contributions to urban prosperity, rural development and their country＇s modernization. At present, however, farmer workers face numerous difficulties and problems in income, work safety, social security, vocational training, the schooling of their children and living conditions. To safeguard the legitimate rights and interests of farmer workers, the State Council in March 2006 issued Ideas of the State Council on Solving Farmer Workers-related Problems. In the document, the State Council promises to strengthen and improve leadership over work regarding farmer workers and prioritize the solving of farmer workers-related problems.

Improve Labor Contract System, Safeguard Lawful Rights and Interests of Laborers——An interview with Prof. Guan Huai of Law School of Renmin University of China

EDITOR＇S NOTE： The Draft Labor Contract Law of the People＇s Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions.

Zhejiang Keen to Protect Migrant Workers' Rights and Interests

EDITOR＇S NOTE： FoUowing are some of the stories about how migrant workers＇ rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more than 100 migrant workers in the province, we found that migrant workers there enjoy equal treatment as their counterparts registered as urban residents, and that their rights and interests are effectively protected.

The Centennial History and Significance of the Protection of the Rights and Interests of Persons with Disabilities by the Communist Party of China

The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of the People’s Republic of China,it adopted a series of protective measures in various forms in line with local conditions.Since the reform and opening-up,the cause of persons with disabilities has developed in an all-around way under the leadership of the CPC.especially since the 18th national Congress of the Communist Party of China,the protection of human rights for persons with disabilities has been innovatively developed,and persons with disabilities have been truly participating in social affairs and share the country’s development gains as equal subjects of rights.The centennial history of the Party’s protection of the rights and interests of persons with disabilities shows that the CPC’s ideas of human rights protection consecutively comprise humanitarian assistance,humanitarian protection,and people-centered human rights protection.The main identity of persons with disabilities has changed from the object of protection during the revolution to the object of medical care and social welfare,and the subject of human rights.The content of protection of rights and interests has developed from survival assistance to comprehensive protection including education,rehabilitation,employment,etc.The dignity,autonomy,equality,and social participation of persons with disabilities as the subject of human rights have become increasingly prominent.

Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers 2004 (Excerpt)

During the course of 2004, the Chinese trade unions earnestly implemented their strategy of ＂Organizing for Better Protection,＂ steppedup efforts to regulate industrial relations, effectively defended the legitimate rights and interests of workers.

A Study on China＇s Marine Rights and Interests and Their Maintenance

Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situation and challenges. In view of the strategic significance and maritime situation of ocean development, it needs to work out a feasible ocean strategy of China from the need of safeguarding the interests of the whole country urgently. We must establish the maintenance strategies of China＇s marine rights and interests in order to realize the sustainable development of marine fights and interests.

Chinese Trade Unions Strive to Protect Workers' Rights and Interests in Dealing with the Global Financial Crisis

Protecting the rights and interests of workers and staff members constitutes an important aspect of China＇s human rights protection. At the time when the country is dealing with impacts of the global financial crisis, the All-China Federation of Trade Unions has been working fruitfully and effectively to accelerate economic and social development and safeguard the legitimate rights and interests of workers, therefore making contributions to the protection of the rights and interests of Chinese workers. Now I would like to make a brief introduction on this subject.

Study on the rights and interests value of mineral resources and its evaluation method

The rights and interests value of mineral resources includes the prospecting rights value and the mining rights value. The mining rights value is made up of the min-eral resources value and the compensation value based on the inputs of capitals and labors in different exploration stage, the prospecting rights value should be equal to ex-ploration differential rent of resources. According to the stage characteristic of mineral resources exploration and development, the initial evaluating methods and models are used to evaluate the prospecting rights and mining rights value.

The Nomocracy Pursuit of ＂the Maritime Silk Road＂--On Legal Guarantee of State＇s Marine Rights and Interests

＂The Maritime Silk Road＂, part of China＇s maritime power strategy, will safeguard the realization of ＂Chinese Dream＂. ＂The Maritime Silk Road＂ needs desperately legal guarantee of State＇s marine rights and interest. The primary target of this paper is to put forward several suggestions on the legal guarantee of maritime rights protection based on analyzing the present situation of China legal system.

Initial Analysis on the Legal Protection of Consumers＇ Rights and Interests in Network Transaction

With the development of network technology and information technology, electronic commerce as a new business model wiht itsnew trading ideas-＋, In changing the traditional business structure,but also gradually changing people’s shopping patterns and consumptionpatterns,Online shopping has become the preferred way of shopping.Changes in consumption patterns will inevitably lead to new problems inthe process of consumption,and the development speed of the problem in sync with the development speed of network economy,as far as therenewal speed of laws and regulations is concerned,this asymmetric development is bound to bring great inconvenience to the consumer rights innetwork transactions.In this paper, from the angle of legal protection,the protection of consumer rights and interests in network transactions areexpounded,analysis of the current situation and reasons of the consumers’ rights and interests are infringed upon in the network transaction,learnfrom the experience of foreign consumer rights and interests protection,In order to put forward effective suggestions on the system constructionof the protection of consumer rights and interests.

Discussion on Administrative Law protection for Pension Rights and Interests of the Lost Only-Child Elderly in China

Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly.

Protection of the Rights and Interests of Persons with Disabilities in China:Ideas,System and Challenges

People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.

Revision of Trade Union Law: For Better Protection of Workers' Rights and Interests

On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights: