二、残疾人权益保障机制

　　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。

　　II. Mechanisms for the Protection of Rights and Interests of Persons with Disabilities

　　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.

　　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。

　  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.

　　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.