Judicial Application Forms,Function and Approaches of the Law of the People's Republic of China on the Protection of Persons with Disabilities:Using 244 Judicial Judgements for Sample Analysis
The Law of the People's Republic of China on the Protection of Persons with Disabilities(hereinafter referred to as LPRCPPD)is a basic law safeguarding the rights and interests of persons with disabilities,and a security law promoting the development of the cause of persons with disabilities,as well as a departmental law ensuring the implementation of the provisions on the protection of the rights and interests of persons with disabilities in the Constitution of the People's Republic of China in China.So empirical research on its judicial application helps to accurately understand the role,limitations,and improvement paths of the law in safeguarding the rights and interests of persons with disabilities.We conducted an empirical analysis of 244 judgments citing the LPRCPPD,and found that the law has played an important role in highlighting the national position of safeguarding the legitimate rights and interests of persons with disabilities,resolving conflicts and disputes related to persons with disabilities,and correcting administrative violations related to these persons.However,there are also problems such as simple reasoning and inconsistent legal application standards in such judicial judgments,and poor effectiveness in tracing and governing the cases involving persons with disabilities.It is advisable to do the following:refining the legislative expression of the LPRCPPD,improving the local legislation on the protection of persons with disabilities,and innovating the institutional mechanism of civil public interest litigation involving persons with disabilities;regularly releasing judicial interpretations and typical cases related to persons with disabilities,strengthening the interpretation and reasoning of judgments involving persons with disabilities,and improving the effectiveness of tracing and governance of cases involving persons with disabilities;deepening the construction of an accessible judicial environment for persons with disabilities,and promoting the comprehensive development of the cause of persons with disabilities in the new era through good governance using the LPRCPPD.
The law on the protection of persons with disabilitiesJudicial applicationReflection on the current situationImprovement path
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