Article 1 [Purpose and Basis] This Law is formulated in accordance with the
Constitution for the purpose 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 society.
Article 2 [Definition,Categories and Criteria] A disabled person refers to one
who suffers from abnormalities of loss of a certain organ or function,
psychologically or physiologically, or in anatomical structure and has lost
wholly or in part the ability to perform an activity in the way considered
The term "disabled persons" refers to those with visual, hearing, speech or
physical disabilities, mental retardation, mental isorder, multiple disabilities
and/or other disabilities.
The criteria for classification of disabilities shall be established by the
Article 3 [Protection of Rights] 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
Article 4 [Special Assistance] 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 [Special Assurance] The state and society shall provide special
assurance,preferential treatment and pension for wounded or disabled servicemen
and persons disabled while on duty or for protecting the interests of the state
Article 6 [Responsibilities of Government] 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
people with disabilities.
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 fulfill
respectively their own duties in the work for disabled persons.
Article 7 [Responsibilities of the Society] 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, non-governmental organizations,enterprises,institutions and
urban and rural organizations at grassroots level should do their work for
disabled persons well, as is within their responsibility.
State functionaries and other personnel engaged in the work for disabled
persons should work hard to fulfill their lofty duties in serving disabled
Article 8 [Responsibilities of Disabled Persons' Federation] China Disabled
Persons' Federation (CDPF) and its local branches shall represent the common
interests of disabled persons, protect their lawfulrights and interests, unite,
educate disabled persons, and provide service for disabled persons.
CDPF shall undertake tasks entrusted by the government, conduct work for
disabled persons and mobilize social forces in developing undertakings for
Article 9 [Responsibilities of Fosterer,Guardian and Family Member] Legal
fosterers of disabled persons must fulfill their duties towards their charges.
Guardians of disabled persons must fulfill their duties of guardianship and
protect the lawful rights and interests of their charges.
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 [Obligations of Disabled Persons] Disabled persons must abide by
laws, carry out their due obligations,observe public order and respect social
Disabled persons should display an optimistic, and enterprising spirit, have a
sense of self-respect, self-confidence, self-strength and self-reliance, and
make contributions to the socialist construction.
Article 11 [Prevention of Disabilities] The state shall undertake, in a
planned way, the work of disability prevention, strengthen leadership in this
regard, publicize and popularize knowledge of good pre-natal and post-natal care
as well as disability prevention, formulate aws and regulations dealing with
disability causing factors such heredity, diseases, medical poisoning,
accidents, calamity and environmental pollution and adopt measures to prevent
the occurrence and aggravation of disabilities by organizing and mobilizing
Article 12 [Award] Governments and departments concerned shall award those
disabled persons who have made notable achievements in socialist construction
and those units or individuals who have made remarkable contributions to
safeguarding the lawful rights and interests of disabled people, promoting
undertakings and providing service for disabled persons.
Chapter 2 Rehabilitation
Article 13 [Responsibilities] 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 [Guiding Principle] The work of rehabilitation shall, proceeding
from the actual conditions, combine modern rehabilitation techniques with
traditional Chinese techniques, with rehabilitation institutions as the core and
the community-based rehabilitation as the basis 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 service for disabled persons.
Article 15 [Implementation] 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 research, personnel training and
work of technical guidance in the field of rehabilitation.
The people's government and departments concerned at various levels should
organize and guide urban and rural community service networks, medical
preventionnd health care networks, organizations and families of disabled
persons and other social forces in carrying out community-based rehabilitation
Departments of education, welfare enterprises and institutions and other
service organizations for disabled persons should 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
The State Council and departments concerned shall determine priority
rehabilitation projects by stages, formulate plans thereof and organize forces
for their implementation.
Article 16 [Personnel Training] Medical colleges and schools and other
relevant eductional institutes should, in a planned way, offer curricula and
specialities on rehabilitation so as to train various kinds of rehabilitation
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 [Appliances] Governmental departments concerned should organize and
support the research, production, supply and maintenance of rehabilitation
equipment, appliances for self service, special utensils and other aids for
Chapter 3 Education
Article 18 [Responsibilities] The state shall guarantee the right of disabled
persons to education.
People's governments at various levels should make education of disabled
persons a component of the state educational programme,include it in their
overall planning and strengthen leadership in this respect.
The state, society, schools and families shall provide compulsory education
for disabled children and juveniles.
The state shall exempt disabled students who accept compulsory education from
tuition and reduce sundry fees or exempt them from such fees according to actual
The state shall set up grant-in-aid to assist students who are poor and
Article 19 [Education According to Different Characteristics] The education of
disabled persons shall be carried out according to their physical and
psychological features and needs and shall meet the following requirements:
Strengthen physical and psychological compensation and vocational and
technical training while providing ideological and cultural education;
Adopt ordinary or special methods of education according to different
categories of disabilities and varied abilities of response of the disabled
The curricula, teaching materials and methods for special education and the
age requirement for admission and schooling may be determined with appropriate
Article 20 [Principle of Development] 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 [Channels of Education] The state shall set up educational
institutions for disabled persons and encour age social forces to run schools
and donate funds for schools.
Article 22 [Methods of Ordinary Education] Ordinary educational institutions
shall provide education for disabled persons who are able to receive ordinary
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 because
of their disabilities;
in case of such denial, the disabled students, their family members or
guardians may appeal to the relevant authorities for disposition. The relevant
authorities shall instruct the schools concerned to enroll the students.
Ordinary institutions of preschool education shall admit disabled children who
are able to adapt themselves to the life there.
Article 23 [Methods of Special Education] Preschool education institutions for
disabled children, 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 [Adult Education] Governmental departments concerned, units where
disabled persons work and society shall carry our anti-illiteracy education,
vocational training and other forms of adult education for disabled persons and
encourage them to tap their talents in the self-taught way.
Article 25 [Teaching Staff] The state shall systematically set up various
forms of normal schools and specialities for special education at different
levels and special education classes (departments) attached to ordinary normal
schools to educate and train teaching staff for special education.
Ordinary normal schools shall offer curricula or lectures on special education
so that teachers in ordinary education may have some necessary knowledge of
Teachers of special education and sign language interpreters shall enjoy
allowances for special education.
Article 26 [Auxiliary Means] Governmental departments concerned shall organize
and support the research and application of braille and sign language, the
compilation, writing and publication of special education teaching materials and
the research, production and supply of teaching apparatus and other auxiliary
facilities for special education.
Chapter 4 Employment
Article 27 [Responsibilities] The state protects disabled persons the right to
People's governments at various levels shall formulate overall plans on
employment of disabled persons and create condition for their employment.
Article 28 [Guiding Principles] Employment of disabled persons shall follow
the principle of combining concent rative arrangement with dispersed
arrangement. Preferential policies and measures of support and protection shall
be adopted with a view to gradually popularizing, stabilizing and rationalizing
employment of disabled persons through multiple channels, at various levels and
in a variety of forms.
Article 29 [Concentrative Employment] The state and society shall set up
welfare enterprises for disabled persons, work-rehabilitation centres, Tuina-massage
hospitals and clinics and other enterprises and institutions of welfare nature
as a way of providing concentrative employment for disabled persons.
Article 30 [Dispersed Employment] The state shall promote the employment of
disabled persons by various units.
People's governments at all levels and departments concerned shall organize
and provide guidance in this regard.State organs, nongovernmental organizations,
enterprises, institutions and urban and rural collective economic organizations
should employ a certain proportion of disabled persons in appropriate types of
jobs and posts.
The specific ratio may be determined by the people's governments of provinces,
autonomous regions and municipalities directly under the Central Government in
line with their actual conditions.
Article 31 [Self-employment] Governmental departments concerned shall
encourage and assist disabled persons to obtain employment through voluntary
organization or to open individual business.
Article 32 [Rural Labour] Local people's governments at various levels and
rural grassroots organizations shall organize and support disabled persons in
rural areas to engage in farming, planting, animal breeding, handicraft industry
and other forms of production.
Article 33 [Preferential Treatment and Assistance] The state shall implement
the policy of tax reduction or exemption in relation to welfare enterprises and
institutions for disabled persons and self-employed disabled workers in urban
and rural areas,and provide assistance in production, management, technology,
capital, materials supply, working sites and other fields.
Local people's governments and departments concerned shall determine the types
of products suitable for production by disabled persons, give priority to
welfare enterprises for disabled persons to produce such products and gradually
determine which products are to be produced exclusively by such enterprises.
Governmental departments concerned shall, in determining the quota for
recruiting and employing workers and staff members, allot a certain proportion
of the quota to disabled persons.
Departments concerned shall, in verifying and issuing business licenses,give
priority to disabled persons who apply for licenses as self-employed workers or
businessmen and give them preferential treatment in allotting work sites and
loans and in other ways.
Departments concerned shall provide assistance for disabled persons engaged in
various kinds of labour in rural areas by way of production services, technical
guidance, supply of materials for agricultural use, collection and purchase of
farm and sideline products and loans.
Article 34 [Protection] The state shall protect the property ownership and the
managerial decisionmaking power of welfare enterprises and institutions for
disabled persons, whose lawful rights and interests shall not be violated.
No discrimination shall be practised against disabled persons in
recruitment,employment,obtainment of permanent status, promotion, determining
technical or professional titles, payment, welfare, labour insurance or in other
No enterprises or institutions shall deny graduates assigned by the state from
institutions of higher learning,polytechnic schools or technical schools solely
on the ground of their disabilities;
in case of such denial, the disabled graduates may appeal to departments
concerned for disposition and the relevant departments shall instruct the
enterprises or institutions concerned to accept the said graduate students.
Enterprises and institutions where disabled persons work shall provide the
disabled workers with appropriate working conditions and labour protection.
Article 35 [Training of Employees] Enterprises and institutions where disabled
persons work shall provide in-service technical training for disabled employees
with a view to upgrading their skills and techniques.
Article 36 [Responsibilities] The state and society shall encourage and assist
disabled persons to participate in various forms of cultural, sports and
recreative activities and work to meet the needs of the spiritual and cultural
life of disabled persons.
Article 37 [Guiding Principles] Cultural, sports and recreative activities for
disabled persons should be oriented towards grassroots levels, integrated in
public cultural life and geared to the different characteristics and needs of
different categories of disabled persons with a view to bringing about extensive
Article 38 [Measures] The state and society shall adopt the following measures
to enrich the spiritual and cultural life of disabled persons:
Reflect the life of disabled persons through radio, film, television, press
and periodicals, books and other media in the interests of disabled persons.
Organize and support the compilation,writing and publication of braille books,
talking books for blind persons and reading materials for deaf and mentally
retarded persons; offer TV programmes in sign language and put in subtitles or
narrations in some movies and TV programmes.
Organize and support disabled persons for mass cultural, sports and recreative
activities,stage special art performances, hold special sports meets and
participate in major international sports games and exchanges; and
Provide facilities and accommodations for disabled persons at places of
cultural, sports, recreative and other public activities and set up in a planned
way activity centres for disabled persons.
Article 39 [Encouraging Creative Activities] The state and society shall
encourage and assist disabled persons to engage in literature, art, education,
science, technology and other creative work beneficial to the people.
Chapter 6 Welfare
Article 40 [Responsibilities] The state and society shall adopt supportive,
relief and other welfare measures to secure and improve the life of disabled
Article 41 [Relief and Foster] The state and society shall provide relief and
subsidies through various channels for disabled persons with real financial
The state and society shall foster and provide relief, in accordance with
relevant regulations, for disabled persons without work capabilities, legal
fosterer or financial resource.
Article 42 [Insurance] Units where disabled persons work, urban and rural
grassroots organizations and families of disabled persons should encourage and
assist disabled persons to sign up for social insurance.
Article 43 [Welfare and Placement] People's governments at various levels and
the society shall establish welfare centres and other placement and foster
institutions, settle and foster disabled persons in accordance with relevant
regulations and gradually improve their living standards.
Article 44 [Preferential Treatment and Accommodations] Agencies of pubilc
services shall provide preferential and auxiliary services for disabled persons.
In taking public transport vehicles,disabled persons shall be provided with
facilities and accommodations; they shall be permitted to carry on board their
indispensable equipment free of charge.
Blind persons may take local buses, trolleybuses, subways and ferries free of
Mailing and delivery of publications for blind persons shall be free of
People's governments at county and township levels shall, in line with the
actual conditions, reduce or exempt disabled persons in rural areas from
obligatory labour, public utilities fees and other social obligations.
People's governments at various levels shall step by step increase their care
and support for people with disabilities.
Chapter 7 Environment
Article 45 [Responsibilities] The state and society shall step by step create
a sound environment to improve the conditions for disabled persons to
participate in social life.
Article 46 [Barrier-free Facilities] The state and society shall gradually
regularize the Design Code for the Accessibility of Disabled Persons to Urban
Roads and Buildings and adopt barrierfree measures.
Article 47 [Mutual Understanding and Assistance] The state and society shall
promote mutual understanding and exchanges between disabled persons and their
fellow-citizens, publicize undertakings for disabled persons and deeds of
assisting disabled persons, promulgate the unyielding spirit of disabled persons
and foster a social environment of unity, fraternity and mutual assistance.
Article 48 [National Day of Assisting Disabled Persons] The third Sunday of
May each year is the National Day of Assisting Disabled Persons.
Article 49 [Appeal and Prosecution] Where the lawful rights and interests of
disabled persons are violated, the off ended persons or their agents shall have
the right to appeal to the competent authorities for disposition, or institute
lawsuits at people's courts in accordance with law.
Article 50 [Administrative Liability] Where government functionaries neglect
their duties, in violation of the law, and infringe upon the lawful rights and
interests of disabled persons, the units to which they belong or their higher
authorities shall instruct such persons to correct their wrong doings or subject
them to administrative sanctions.
Article 51 [Civil Liability] Whoever infringes upon the lawful rights and
interests of a disabled person and causes property or other losses or damage
shall compensate for the losses or damage according to law or bear other civil
Article 52 [Administrative Punishment and Criminal Liability] Whoever
infringes upon the right of person or other lawful rights of disabled persons by
taking advantage of their disabilities, and which constitutes a crime, shall be
given a heavier punishment in accordance with the relevant provisions of the
Whoever, by violence or other means, publicly insults disabled persons, shall,
if the circumstances are serious, be investigated for criminal responsibility in
accordance with the provisions of Article 145 of the Criminal Law, and, if the
circumstances are less serious, be subject to punishment in accordance with the
provisions of Article 22 of the Regulations on Administrative Penaltives for
Whoever maltreats disabled persons shall be punished in accordance with the
provisions of Article 22 of the Regulations on Administrative Penalties for
Public Security; and, if the circumstances are flagrant, he shall be
investigated for criminal responsibility in accordance with the provisions of
Article 182 of the Criminal Law.
Whoever refuses to perform his duty of fostering a disabled person who is
unable to live independently, shall, if the circumstances are flagrant, or if he
abandons such a disabled person, be investigated for criminal responsibility in
accordance with the provisions of Article 183 of the Criminal Law.
Whoever rapes a disabled person who is unable to account for her own conduct
due to mental retardation or mental disorder shall be deemed to have committed
rape and shall be investigated for criminal responsibility in accordance with
the provisions of Article 139 of the Criminal Law.
Chapter 9 Supplementary Provisions
Article 53 [Regulations and Local Status] Departments concerned under the
State Council shall formulate relevant regulations in accordance with this Law
and submit them to the State Council for approval before implementation.
The standing committees of the people's congresses of provinces, autonomous
regions and municipalities directly under the Central Government may formulate
measures of implementation in accordance with this Law.
Article 54 [Entry into Force] This Law shall enter into force as of May