On May 13th, on the occasion of the 32nd National Day for Helping the Disabled, the Supreme People’s Procuratorate and China Disabled Persons’ Federation jointly released 10 typical cases of procuratorial public interest litigation for the protection of the rights and interests of the disabled, summed up and popularized the typical experience of procuratorial public interest litigation for the protection of the rights and interests of the disabled in various places, and provided a strong legal guarantee for safeguarding the equal rights of the disabled and promoting their all-round development.
At present, the procuratorial organs of all provinces, autonomous regions and municipalities directly under the Central Government have achieved "full coverage" in handling public interest litigation cases for the protection of the rights and interests of the disabled. From November 2019 to December 2021, procuratorial organs nationwide filed nearly 4,000 cases in the field of barrier-free environment construction. Since 2021, the scope of public interest litigation cases for the protection of the rights and interests of the disabled has been continuously expanded. The 10 typical cases released this time involve the protection of the rights and interests of the disabled in employment, barrier-free environment, education, rehabilitation, social security, cultural life and information security, and pay more attention to the all-round judicial protection of the rights and interests of the disabled.
The theme of this year’s National Day for Helping the Disabled is "Promoting the Employment of Disabled Persons and Protecting their Rights and Interests". This case release also highlights the promotion of the protection of the employment rights and interests of disabled persons. Three of the 10 typical cases directly involve the protection of the employment rights and interests of disabled persons, including standardizing the development of medical massage industry for the blind, safeguarding the equal employment rights of disabled groups, ensuring the safe driving of disabled persons and promoting their life and employment. Guangzhou Huangpu District Procuratorate, aiming at the problem that employers publish job advertisements that discriminate against disabled people through the Internet recruitment platform, accurately urges relevant functional departments to correct employers’ illegal recruitment behaviors in time and jointly safeguard the equal employment rights of disabled people with the help of the cooperation mechanism established with the Disabled Persons’ Federation.
In recent years, procuratorial organs have continuously deepened public interest litigation on barrier-free environment construction, and the scope of public interest protection has been continuously expanded from barrier-free facilities to information barrier-free and service barrier-free. Among the typical cases released this time, there are three cases in the field of barrier-free environment construction, mainly involving travel barrier-free and information barrier-free. The administrative public interest litigation case of Luodian County Procuratorate in Guizhou Province to urge and protect the blind road safety of the disabled is the first case of public interest litigation for blind road safety. Because the administrative organ has not fully performed its duties and rectification after the pre-litigation procedure, the procuratorial organ filed an administrative public interest litigation according to law and urged the administrative organ to continue to fully perform its duties according to law through court decisions.
In addition, these typical cases also highlight the protection of the legitimate rights and interests of school-age disabled minors, the rights and interests of rehabilitation training for the disabled, the subsidies for guardians of patients with severe mental disorders, and the personal information of the disabled. Hu Weilie, director of the Eighth Procuratorate Office of the Supreme People’s Procuratorate, said that in the next step, the Supreme People’s Procuratorate will further strengthen the guidance on handling cases and provide more abundant practical samples for continuously promoting the improvement of legislation related to the protection of the rights and interests of disabled people; Strengthen cooperation and promote the formation of a joint effort to protect the rights and interests of disabled people in a coordinated and efficient manner; Strengthen the publicity of popularizing the law, and strive to create a civilized social atmosphere in which the whole society can help the disabled and protect human rights.
1. The People’s Procuratorate of Jinjiang City, Fujian Province, urged and guaranteed the employment of the disabled.
[Keywords:]
Pre-litigation procedure of administrative public interest litigation   Promoting the employment of the disabled   Medical massage for the blind   Pro-Qing enterprises
【 gist 】
Medical massage for the blind is one of the models of employment and entrepreneurship for the disabled. Procuratorial organs take safeguarding the legitimate rights and interests of blind medical massage personnel and standardizing blind medical massage activities as the starting point and focus of actively and steadily carrying out public interest litigation in the field of protecting the rights and interests of the disabled, actively perform their duties according to law, urge relevant functional departments to take the initiative, mobilize the enthusiasm of all walks of life to help the disabled, and promote employment and entrepreneurship of the disabled through multiple channels and forms.
[Basic case]
In recent years, the medical massage industry for the blind in Jinjiang City has flourished, but the problem of nonstandard management of the industry is prominent, such as false propaganda in the name of the blind, illegal diagnosis and treatment activities, inadequate protection of the labor rights and interests of blind masseurs, unregistered massage institutions for the blind, potential safety hazards in business premises, etc., which infringe upon the legitimate rights and interests of the blind who are engaged in compliance, damage the healthy and orderly development of the medical massage industry for the blind, and infringe on social public interests.
【 Investigate and supervise the performance of duties 】
The People’s Procuratorate of Jinjiang City, Fujian Province (hereinafter referred to as Jinjiang City Hospital) found the above clues in the process of "looking back" in the public interest litigation of barrier-free environment construction, and started the administrative public interest litigation filing procedure on April 6, 2022. After investigation and verification, there are the following problems in the blind massage industry within the jurisdiction: First, the problem of setting up massage institutions under the guise of the blind is outstanding. Among the 78 institutions that hang the signboard of "blind massage", 16 institutions have no blind masseurs, and more than 90% of the blind non-medical massage institutions carry out medical treatment activities in violation of regulations; Second, the protection of labor rights and interests of blind masseurs is lacking. Some institutions have not signed labor contracts with blind masseurs, failed to apply for endowment insurance and medical insurance, and failed to organize vocational skills training; Third, there are health, fire and other security risks in the blind massage employment business premises. According to the Labor Law of People’s Republic of China (PRC), Measures for the Administration of Medical Massage for the Blind, Detailed Rules for the Implementation of Regulations on the Administration of Medical Institutions and other relevant regulations, the relevant functional departments are absent from supervision in employment security, health and fire safety, and registration. To this end, Jinjiang Municipal Hospital issued pre-litigation procuratorial suggestions to market supervision, health and other departments to urge and standardize the blind medical massage industry and safeguard the legitimate rights and interests of blind people.
In order to promote "management by myself" and "management by all", Jinjiang Municipal Hospital, in conjunction with the Municipal Working Committee for the Disabled, convened relevant administrative organs, deputies to the National People’s Congress, CPPCC members, people’s supervisors and representatives of the blind to hold a pre-litigation round table meeting to jointly study the standardized construction plan of the blind medical massage industry. After the meeting, relevant departments actively performed their duties. The Disabled Persons’ Federation and the human resources and social security department trained 60 blind masseurs, issued 19 new certificates for blind masseurs, and signed or reissued 31 labor contracts. Market supervision and civil affairs departments registered 20 qualified blind medical massage institutions; The health and fire departments supervised the renovation of facilities in 15 business premises to eliminate potential safety hazards. Under the impetus of the procuratorial organs, Jinjiang City is actively playing a regional demonstration role, driving the surrounding areas to standardize the construction of blind medical massage institutions, promoting the construction of related medical, rehabilitation, training and other infrastructure for Quanzhou City and even Fujian Province, setting up corresponding medical management teams, standardizing training and continuing education, speeding up the construction of industry standards, developing new forms of blind employment through multiple channels, and exploring and accumulating experience. Jinjiang Municipal Hospital, combined with the supervision of handling cases, took the initiative to put forward suggestions to the Municipal People’s Congress to improve the local legislation of blind medical massage management, and promote the standardized, branded and legalized development of blind medical massage industry.
On this basis, Jinjiang Academy deepened the top ten cultural brands of "Pro-Qing and Care for Enterprises" of the national procuratorial organs, and expanded the blind massage employment promotion action into a special public interest litigation activity of "employment assistance and equal sharing". At present, it has promoted "caring enterprises" to develop 504 public welfare posts to recruit disabled people; Jinjiang sanatorium has been set up as an auxiliary employment platform, and 8 mentally disabled people have been employed on the spot, and 12 have submitted their employment intentions; Help the tax authorities to collect more than 70 million yuan of employment security for disabled people every year; With the first batch of undergraduate vocational schools in China, Quanzhou Vocational and Technical University and other vocational colleges, it is planned to organize 200 special education students and disabled groups to learn non-legacy skills every year, and train 300 disabled people free of charge to promote the simultaneous development of non-genetic inheritance, employment and entrepreneurship, so as to achieve win-win and win-win results through joint construction and sharing.
[Typical meaning]
Employment is the biggest livelihood. Promoting the employment of the disabled is the top priority of the protection and development of the disabled. The procuratorial organs adhere to the principle of "small incision, great achievements", support and standardize the development of blind medical massage industry according to law, and then activate the strength of the government, enterprises, society and other parties, increase public welfare posts, increase capital investment and guarantee, provide barrier-free support services for disabled people to participate in vocational skills training, employment and entrepreneurship, and broaden employment channels for disabled people in the fields of culture, art and mental health. Promote disabled people to participate in productive labor, carry out vocational rehabilitation and realize social integration nearby, so that they can enjoy extensive, full, real, concrete and effective human rights in accordance with the law, and make their sense of acquisition, happiness and security more substantial, more secure and more sustainable, thus contributing to the procuratorial power.
2. The People’s Procuratorate of Huangpu District, Guangzhou City, Guangdong Province urged the elimination of employment discrimination against disabled people.
[Keywords:]
Pre-litigation procedure of administrative public interest litigation   Employment discrimination of the disabled   Internet recruitment advertisement
【 gist 】
Employers publish job advertisements that discriminate against disabled people through the Internet recruitment platform, which damages the legitimate rights and interests of disabled people to enjoy equal participation in social life. Procuratorial organs give full play to the procuratorial function of public interest litigation, and with the help of the cooperation mechanism established with the Disabled Persons’ Federation, accurately urge relevant functional departments to promptly correct the illegal recruitment behavior of employers and jointly safeguard the equal employment rights of disabled people.
[Basic case]
Many employers in Guangzhou posted job advertisements marked "No Disabled Persons" through the Internet recruitment platform, which violated the basic rights of disabled persons to participate in social life on an equal footing, and the relevant functional departments failed to perform their duties according to law, which harmed the public interests.
【 Investigate and supervise the performance of duties 】
On December 2, 2021, Guangzhou Huangpu District People’s Procuratorate (hereinafter referred to as Huangpu District Hospital) and the District Disabled Persons’ Federation signed the "Implementation Opinions on Public Interest Litigation for the Protection of the Rights and Interests of Disabled Persons (Trial)" to jointly promote the protection of the rights and interests of disabled persons in the jurisdiction. Since 2022, the two sides have jointly carried out a special survey on the employment of the disabled in combination with the fact that the local area is a large industrial development area and the demand for labor is large. After searching the recruitment information of various talent markets, they found clues that many employers violated the equal employment rights of the disabled. On April 19, 2022, Huangpu District Court filed an investigation. After investigation, it was found that employers such as Guangzhou Yingmou Human Resources Service Co., Ltd., registered in Huangpu District, posted job advertisements on a large Internet recruitment website, and the recruitment requirements clearly indicated "no disability"; Employers such as Guangzhou Moumou Electronic Technology Co., Ltd., Guangzhou Mouxing Human Resources Co., Ltd., Guangzhou Mouxin Human Resources Co., Ltd., Guangzhou Tuanmou Human Resources Co., Ltd., Jiamou (Guangzhou) Electronic Technology Co., Ltd., Guangzhou Chenmou Network Technology Co., Ltd. and Guangdong Maimou Enterprise Management Co., Ltd., which are not registered in Huangpu District, also clearly indicate "no disability" in the recruitment requirements posted on a large Internet recruitment website. Most of the above recruitment positions are ordinary jobs such as maintenance, assembly and packaging, and they have no academic qualifications and no experience requirements.
According to the review of Huangpu District Court, national laws clearly guarantee the labor rights of the disabled and create employment conditions for them. According to Article 20 of the Regulations on Employment Service and Employment Management, "The recruitment brochure or recruitment advertisement issued by the employing unit shall not contain discriminatory contents" and Article 2 of the Measures for the Employment of Disabled Persons in Guangdong Province, "Disabled persons shall enjoy equal employment, independent employment and equal rights to receive labor remuneration according to law. It is forbidden to discriminate against disabled people in employment ",etc., and all the jobs recruited in the above job advertisements are general simple jobs, which do not require special skills or strong physical coordination, and should be considered as employment discrimination, which damages the legitimate rights and interests of disabled people in equal employment. As a regulatory authority, the administrative department of labor and social security in Huangpu District should bring the employment of the disabled into the scope of public employment services and safeguard the employment rights of the disabled according to law. On April 21st, 2022, Huangpu District Hospital held timely consultations with the administrative department of labor and social security, urged them to actively perform their statutory duties according to law, and took measures to promote rectification, such as carrying out special rectification actions, intensifying publicity of law popularization, and promoting the formation of joint efforts of protection. At present, the relevant employers have deleted the relevant contents of platform advertisements that contain discrimination against persons with disabilities. The District Disabled Persons’ Federation also cooperated with relevant departments to carry out employment training for more than 150 disabled people and provide employment assistance services for more than 90 disabled people. At the same time, Huangpu District Hospital also took the initiative to transfer eight clues of cases of discrimination against disabled people in job advertisements published by employers registered in other districts of the same city to five grass-roots procuratorates for follow-up investigation.
[Typical meaning]
It is relatively difficult for the disabled to find employment, and employment discrimination makes it even more difficult for them to find employment, which affects and restricts their integration into society, all-round development and common prosperity. Procuratorial organs actively perform their duties based on public welfare protection, escort the implementation of the Tenth Five-Year Plan for Employment Promotion and the Three-year Action Plan for Promoting the Employment of Persons with Disabilities (2022-2024), urge relevant functional departments to strengthen the rigidity of legal protection for the employment of persons with disabilities, and strive to eliminate employment discrimination, which is conducive to promoting the full and high-quality employment of persons with disabilities and sharing the fruits of economic and social development.
3. The People’s Procuratorate of Hangzhou City, Zhejiang Province urged the implementation of the administrative public interest litigation series of the disabled driver’s license medical examination service.
[Keywords:]
Pre-litigation procedure of administrative public interest litigation   Physical examination of disabled driver’s license   Road traffic safety   Benefiting the heart for the public and inspecting the cloud
【 gist 】
It is a legal condition for the disabled to obtain a certificate of physical condition issued by a medical institution through physical examination to apply for or replace a motor vehicle driver’s license according to law. Procuratorial organs can rely on the field of road traffic safety to expand public interest litigation to protect the rights and interests of disabled people, and urge health administrative departments to implement designated medical institutions to provide physical examination services for disabled people to apply for driver’s licenses, which not only guarantees the equal rights of disabled people to participate in social life and employment, but also promotes the prevention and control of road traffic safety hazards such as driving without a license, and balances the protection of public interests.
[Basic case]
In recent years, in order to protect the rights and interests of disabled people in driving, the relevant ministries and commissions of the state have successively issued departmental regulations on doing a good job in driving for disabled people, stipulating the physical conditions for disabled people with right lower limbs, disabled people with both lower limbs, disabled people with monocular vision and disabled people with upper limbs to drive cars, and making it clear that specialized medical institutions recognized by the health administrative department will conduct medical examinations and issue certificates for disabled people’s driving licenses. Some medical institutions failed to carry out driver’s license physical examination services for the disabled according to laws and regulations, and relevant functional departments failed to perform their duties in strict accordance with the law, which made it difficult for the disabled to carry out driver’s license physical examination, infringed on the legitimate rights and interests of the disabled and harmed the public interest.
【 Investigate and supervise the performance of duties 】
In February, 2022, volunteers from the platform of "Yixin Public Prosecuting Cloud" and the person in charge of the Automobile Professional Committee for the Disabled in Hangzhou reported to the People’s Procuratorate of Hangzhou, Zhejiang Province (hereinafter referred to as Hangzhou Hospital) that a designated medical institution for driver’s license examination for the disabled in Hangzhou had not provided relevant services for a long time. After investigation, in order to implement the Provisions on the Application and Use of Motor Vehicle Driving License, the Provisions on the Physical Conditions for Disabled Persons with Right Lower Limbs and Both Lower Limbs to Drive Motor Vehicles, and the Provisions on the Physical Conditions for Disabled Persons with Monocular Vision and Some Upper Limbs to Drive Motor Vehicles, the relevant functional departments of Zhejiang Province issued a list of designated medical institutions for the physical examination of disabled persons’ driving licenses in the whole province, and a total of nine medical institutions within the jurisdiction of Hangzhou were identified as designated physical examination hospitals, which were responsible for focusing on the assessment and issuance of basic driving abilities such as vision, sitting ability, hand grip strength and finger function of disabled persons. Hangzhou Hospital gave full play to the advantages of integrated case handling, organized the procuratorial organs of all districts and counties (cities) in the city to investigate and verify the designated medical institutions under its jurisdiction, and invited some public welfare volunteers to participate in the on-site investigation. In view of the fact that six designated medical institutions in Xiaoshan District, Linping District, Lin ‘an District, jiande city, Tonglu County and Chun ‘an County have never carried out medical examination business because they were unaware of the policy, or have been cancelled due to a small number of medical examinations after opening the medical examination business, resulting in the public welfare damage of disabled people in need due to poor medical examination channels, Hangzhou procuratorial organs issued pre-litigation procuratorial suggestions for administrative public interest litigation to the health administrative departments under their jurisdiction, urging them to fully perform their supervisory duties according to law.Timely rectification of illegal situations and effective protection of the legitimate rights and interests of the disabled.
After receiving the procuratorial proposal, the relevant functional departments interviewed the heads of designated medical institutions for driver’s license examination as soon as possible, and six designated medical institutions timely implemented the driver’s license examination business for the disabled, and announced the notice or informed the Disabled Persons’ Federation in their respective jurisdictions. Among them, Xiaoshan District, Linping District, Tonglu County and Chun ‘an County have added services in the hospital experience center, and designated medical institutions in Lin ‘an District and jiande city have added services in the driving training institutions and vehicle management offices respectively to facilitate the physical examination of the disabled. By April 2022, more than 10 disabled people had completed the driver’s license physical examination in the above-mentioned designated medical institutions and obtained the driver’s identity certificate according to law. In addition, the designated medical institutions in Xiaoshan District have further improved the barrier-free facilities in medical examination places and invited disabled people to experience it on the spot; The functional departments of Lin ‘an District organize designated medical institutions to carry out relevant business training; The functional departments of Chun ‘an County opened the online transmission channel of the disabled driver’s license physical examination report, realizing real-time information interaction with the service window of the traffic police department, and facilitating the disabled driver’s license application and replacement. On this basis, the People’s Procuratorate of Zhejiang Province organized the procuratorial organs of the whole province to carry out special investigations to promote the further implementation of the driver’s license experience for the disabled.
[Typical meaning]
Ensuring that people with disabilities who meet the statutory requirements can experience and apply for a driver’s license reflects the protection of equal rights and dignity of the disabled, which is of great significance for promoting social integration and employment of the disabled, and is also a safety valve to ensure the public’s confidence in driving a car with disabled people. Through the platform of "Benefiting the Heart for Public Prosecutions Cloud", procuratorial organs accurately obtain case clues from the disabled groups, promote systematic supervision by handling special cases, urge relevant functional departments to perform their supervisory duties according to law, get through relevant laws and policies, and implement the "last mile" to promote barrier-free and full coverage of medical examination services for drivers’ licenses for disabled people in the whole region, and jointly create a good social atmosphere that facilitates drivers’ driving for disabled people.
4、贵州省罗甸县人民检察院督促保护残疾人盲道安全行政公益诉讼案
[Keywords:]
行政公益诉讼 残疾人盲道安全 公开听证 溯源治理
【 gist 】
针对盲道安全监管不力，残疾人交通安全未得到有效保护的问题，检察机关加强与残疾人联合会的协作配合，向行政机关发出诉前检察建议，全程跟进监督，对整改不到位的依法提起行政公益诉讼，以公开听证协同推进问题整改，推动建立多部门齐抓共管长效工作机制。
[Basic case]
2021年4月，贵州省罗甸县人民检察院（以下简称罗甸县院）在履职中发现，罗甸县城区内东环路、解放中路、河滨路、斛兴路等多个路段上的多处盲道缺失、毁损；拐弯及尽头处未按要求铺设提示砖、盲道与路口衔接处未设置缓坡；部分盲道建设未避开树木、电杆等障碍物；其中两处盲道上还压有配电箱、消防栓等危险物品。盲道建设问题影响了残疾人交通安全，侵害了残疾人合法权益，损害了社会公共利益。
【 Investigate and supervise the performance of duties 】
On May 10, 2021, Luodian County Hospital filed a case for the above clues according to law, and comprehensively investigated the fixed evidence, searched for relevant laws and regulations, and clarified the responsibilities of the responsible department for blind road supervision in view of the problems of discontinuous blind road laying, failure to avoid obstacles, mixed use of different bricks and illegal occupation. Luodian County Institute believes that according to the Law of the People’s Republic of China on Road Traffic Safety, Law of the People’s Republic of China on Protection of Disabled Persons, Regulations on Barrier-free Environment Construction, Regulations on Protection of Disabled Persons in Guizhou Province and other laws and regulations, Luodian County Housing and Urban-Rural Development Bureau (hereinafter referred to as Luodian County Housing and Urban-Rural Development Bureau) is responsible for the management and maintenance of road barrier-free facilities (blind roads) in urban areas, and issued a pre-litigation procuratorial proposal to Luodian County Housing and Construction Bureau on May 20, 2021. On July 19, 2021, Luodian County Housing and Construction Bureau replied that some road sections had been rectified, some road sections could not be rectified temporarily due to objective reasons, and some road sections were being rectified one after another. It is expected that the rectification will be completed before August 10, 2021. Luodian County Hospital followed up the supervision on August 3 and August 11, respectively, and found that the East Ring Road, Hebin Road, Commercial Street and other sections were not completely rectified. On August 13th, Luodian County Hospital sent a letter to Luodian County Housing and Construction Bureau, asking it to reply to the latest rectification before August 16th. On August 25,Luodian County Housing and Construction Bureau replied that the blind roads of Hebin South Road, Hubin Avenue and Xinghua Road in the county have been completely rectified, and the rectification has been completed. On September 6, 2021, Luodian County Hospital sent personnel to the site for investigation again, and found that the blind roads in East Ring Road, Hebin Road and Huxing Road still had problems such as discontinuity, failure to avoid obstacles, and mixed use of different bricks. On September 14th of the same year, Luodian County Hospital went to Luodian County Disabled Persons’ Joint Committee (hereinafter referred to as Luodian County Disabled Persons’ Federation) to learn about the situation of the blind and the construction of blind road facilities in the county, and Luodian County Disabled Persons’ Federation submitted "Suggestions on the Problems Existing in the Construction and Use of Blind Roads in County Areas" to Luodian County Hospital. On September 15 -16, Luodian County Hospital and Luodian Disabled Persons’ Federation visited some blind people in the county. They reported that there were many obstacles on the blind road, many places where warning bricks should be laid were not laid, and some places were only partially paved. On 17 September and 12 October, we sent personnel to the above-mentioned road sections for on-site investigation, and found that the problems existing in the blind roads have not been rectified, and the social and public interests continue to be infringed.
[Proceedings]
On October 13, 2021, with the approval of the Guizhou Provincial People’s Procuratorate, Luodian County Court filed an administrative public interest lawsuit with Longli County People’s Court in accordance with the provisions on centralized jurisdiction of administrative litigation, requesting an order: 1. It is illegal to confirm that Luodian County Housing and Construction Bureau failed to fully perform its supervisory duties in accordance with the law on many issues such as missing blind roads and unreasonable settings within its jurisdiction; 2. Luodian County Housing and Construction Bureau continues to take effective measures to perform its supervisory duties on the problem blind roads in urban areas according to law to ensure the travel safety of visually impaired groups.
On November 29, 2021, Luodian County Housing and Construction Bureau applied for an extension of the court session, indicating that five main roads have been reconstructed without barriers, and eight blind roads have not been rectified. A rectification plan has been formulated to gradually promote the rectification, and a letter has been sent to Luodian County Hospital requesting to withdraw the prosecution. On December 3rd, Luodian County Hospital and the County Disabled Persons’ Federation held a public hearing on the performance of Luodian County Housing and Construction Bureau, the rectification effect of the problem blind road, and whether it met the conditions for withdrawing the prosecution, and invited representatives of the county people’s congress, CPPCC members, lawyers, administrative organs and blind people to participate. The hearing officer and blind people recognized that Luodian County Housing and Construction Bureau had taken effective measures to rectify five main blind roads, but thought that there were still eight problem blind roads in the county.
On March 31, 2022, Longli County People’s Court held a public hearing to hear the case, and the trial debated whether Luodian County Housing and Construction Bureau had fully performed its duties according to law. Luodian County Housing and Construction Bureau argued that the problem of blind roads in main roads has been rectified, and the blind roads in other road sections are under continuous rectification. The procuratorate believes that the Luodian County Housing and Construction Bureau has partially performed its duties, but it has not fully performed its duties. The court fully adopted the opinions of the procuratorate. Judged in accordance with the law on May 9, 2022: The defendant Luodian County Housing and Urban-Rural Development Bureau was ordered to rectify 35 problems of eight blind roads in the urban area of Luodian County that had not been rectified in the trial within two months from the effective date of this judgment. Luodian County Housing and Construction Bureau said it would not appeal and was actively rectifying it.
At the same time, Luodian County Hospital, in combination with case handling, jointly signed the Implementation Measures for Strengthening Cooperation and Cooperation in Public Interest Litigation for the Protection of the Rights and Interests of Disabled Persons with Luodian County Disabled Persons’ Federation, Luodian County Housing and Construction Bureau and Luodian County Comprehensive Law Enforcement Bureau, which made specific provisions on information sharing, clue transfer, joint meeting and collaboration, formed a joint force for the protection of the rights and interests of disabled persons, and built a strong protection mechanism for the rights and interests of disabled persons from the source.
[Typical meaning]
Blind road construction is an important part of urban barrier-free construction, which is related to the traffic safety of disabled people, and then affects the protection of other rights and interests of disabled people. In this case, the procuratorial organ, in view of the administrative organ’s failure to supervise the safety of blind roads, strengthened cooperation with the local disabled persons’ Federation and continued to follow up supervision while issuing procuratorial suggestions. Because the administrative organ did not fully perform its duties and rectify, it filed an administrative public interest lawsuit according to law. In view of the problem that the administrative organ applied for an extension of the court session and requested to withdraw the lawsuit during the litigation process, the procuratorial organ allowed the third party to participate in the evaluation of the rectification effect through public hearings. For those who refused to withdraw the lawsuit, they continued to urge the blind road to comprehensively rectify the problem through litigation judgments, established and improved the working mechanism, and helped to trace the source with the function of public interest litigation.
5. Administrative public interest litigation case of Shanghai Xuhui District People’s Procuratorate urging to perform the supervision duty of barrier-free facilities construction of footbridges.
[Keywords:]
Pre-litigation procedure of administrative public interest litigation   Barrier-free environment construction   Public hearing   Class case supervision
【 gist 】
Procuratorial organs take improving the barrier-free environment of footbridges as the starting point and focus of serving specific groups, give full play to the role of a bridge between procuratorial organs and government departments, build a platform for public hearings and pre-litigation consultations with the unique function of supervision and coordination of public interest litigation, promote "management by myself" and jointly promote the construction of barrier-free facilities.
[Basic case]
At the beginning of 2021, when the Shanghai Municipal People’s Procuratorate listened to the opinions and suggestions of deputies to the National People’s Congress, some representatives put forward suggestions on carrying out the transformation of footbridges to adapt to specific groups. Among them, the footbridge of Wanping Road, Zhaojiabang Road, Xuhui District is not equipped with elevators, and the existing barrier-free environment cannot meet the travel needs of specific groups such as the old, the young, the sick, the disabled and the pregnant.
【 Investigate and supervise the performance of duties 】
The Shanghai Municipal People’s Procuratorate learned the clue when listening to the opinions and suggestions of the deputies to the National People’s Congress, so it handed it over to the Xuhui District People’s Procuratorate (hereinafter referred to as Xuhui District Hospital), which filed a case for review in April 2021. Through field investigation, it analyzed seven of the 18 footbridges in the whole district that should be changed one by one, found out the reasons, and learned about the progress of the renovation project from the relevant administrative organs. Among them, Zhaojiabang Road Wanping Road Overpass is located in Xujiahui, with dense residential areas in the south and urban public facilities such as Xujiahui Park in the northwest, with high traffic. The overpass bridge is more than ten meters high, only walking up and down stairs, which can not meet the travel needs of specific groups such as the old, the young, the sick, the disabled and the pregnant. After investigation, although the overpass of Wanping Road on Zhaojiabang Road has been included in the renovation plan of barrier-free facilities in this area, the renovation project of the overpass has been delayed because the municipal pipelines within the scope of the overpass are complicated, and there are subways, 220,000-volt high-voltage lines and other public pipelines underground. If a barrier-free elevator is added, the pipelines and greening must be relocated on a large scale, which is difficult to construct.
According to Article 6 of the Measures for the Construction and Management of Barrier-free Environment in Shanghai, the housing and urban-rural construction department is responsible for the supervision and management of barrier-free facilities construction activities in public buildings, residential buildings and residential areas. Therefore, after comprehensively investigating the present situation of the environment, traffic and people flow of the footbridge, systematically sorting out and studying the relevant laws and regulations on barrier-free environment construction, Xuhui District Hospital conducted many pre-litigation consultations with the Xuhui District Construction and Management Committee, urged various departments to perform their duties in coordination, and promoted the progress of the renovation of barrier-free facilities of the footbridge. On June 2, 2021, Xuhui District Hospital and the District Construction and Management Committee held the first public hearing of public interest litigation for barrier-free facilities inspection in the city, and invited three representatives of the Municipal People’s Congress to serve as hearing officers. At the same time, Xuhui District Municipal Management Center and the engineering design and research institute undertaking the design of the overpass were invited to attend the meeting to discuss solutions. Representatives of Xuhui District Civil Affairs Department and Disabled Persons’ Federation expressed their opinions respectively. The hearing officer commented on whether there is a better barrier-free access scheme than installing an elevator, the technical difficulties in construction, the problems to be solved in promoting the renovation project, and the sustainability of facility operation and maintenance. Through the dynamic demonstration of all the participants, it was unanimously recognized that adding elevators to the footbridge is the best choice to balance the two kinds of social public interests, namely, the rapid passage of urban trunk roads under the bridge and the convenient and safe travel of people near the overpass, and finally a more scientific and reasonable transformation scheme of "inclined hanging lifting platform+ascending and descending escalators" was formed as the negotiation conclusion. At the same time, the meeting invited more than 10 units including the Municipal People’s Congress and the Municipal Disabled Persons’ Federation.And 18 public interest litigation departments of procuratorial organs participated in the audit and actively promoted the solution of a class of problems in the city.
On September 6, 2021, the reconstruction project of the footbridge on Wanping Road in Zhaojiabang Road obtained the preliminary design and budget approval, and it is planned to be completed in 2022. At present, the regional greening and the south pipeline have been basically relocated, the decorative parts of the overpass and the old stair section on the north side have been basically demolished, and the construction of steel stair foundations on both sides has been completed. In the next stage, Xuhui District Hospital will actively explore and handle cross-administrative cases with neighboring procuratorial organs for three footbridges that meet the transformation conditions but have difficulties in cross-administrative divisions, and cooperate with relevant functional departments, enterprises and institutions and social organizations in the two districts to jointly promote the construction of regional barrier-free environment.
[Typical meaning]
Exploring and developing public interest litigation for barrier-free environment construction is a vivid practice to carry out in-depth study and education of party history and persist in procuratorial work for the people. Standardized pedestrian bridge barrier-free facilities construction is a standard configuration to ensure specific groups to participate in social life on an equal footing and meet emergency needs, and it is also a beautiful business card for city image and quality. In this case, the procuratorial organ earnestly implemented the proposal of the NPC deputies on the aging renovation of footbridges. Through pre-litigation consultation and procuratorial hearing, on the basis of explaining the law and reasoning, it urged all parties to perform their duties in coordination, and jointly studied the feasibility scheme of footbridges renovation by scientific argumentation. Taking the case as an opportunity, it explored cross-administrative governance, promoted the local administrative department to activate and innovate the "testing ground", and changed the supervision of public interest litigation for barrier-free environment construction from "scattered points" to "lines".
6. The People’s Procuratorate of jiande city, Zhejiang Province urged and improved the administrative public interest litigation case of the text alarm function of 120 emergency dispatching system.
[Keywords:]
Pre-litigation procedure of administrative public interest litigation   Rights and interests of specific groups   120 Emergency Dispatching System   Text alarm function   Public hearing
【 gist 】
Due to the lack of text alarm function in the 120 emergency dispatch system, it is difficult to protect the rights and interests of people with hearing impairment and speech impairment to call for help independently. Procuratorial organs actively perform the function of public interest litigation, listen to opinions extensively through public hearings, coordinate and urge the optimization of 120 emergency dispatching systems, open up 120 emergency alarm channels for specific groups, and help information barrier-free environments to build, co-manage and share.
[Basic case]
Jiande city Medical Emergency Command Center in Zhejiang Province is the only organization responsible for medical emergency command and dispatch in jiande city. The command and dispatch system it uses only has the functions of ordinary incoming calls, 110 linkage, 122 linkage and other telephone calls for help, but does not have the functions of text information submission and text call, which can not meet the needs of hearing-impaired and speech-impaired people to call for help independently in an emergency, thus damaging social public interests.
【 Investigate and supervise the performance of duties 】
In January 2021, the People’s Procuratorate of jiande city, Zhejiang Province (hereinafter referred to as jiande city Hospital) received a clue from the masses that the 120 emergency dispatch system in its jurisdiction could only receive calls for help, which caused objective obstacles to the hearing-impaired and speech-impaired groups to report to the police independently, and it was difficult to effectively protect their lives, health and safety, so it was put on file for review. Jiande city Hospital went to jiande city Medical Emergency Command Center for investigation and verification, and found out that the center is responsible for the unified dispatch of medical emergency command in jiande city. The daily emergency dispatch system "Anke 120 Pre-hospital Dispatching System V7.0 Standard Edition" only has the functions of ordinary call, 110 linkage, 122 linkage and other telephone calls for help, but does not have the function of text alarm, which violates Article 24 of the Regulations on the Construction of Barrier-free Environment and the Measures for the Implementation of the Regulations on the Construction of Barrier-free Environment in Zhejiang Province. Jiande city Health and Wellness Bureau (hereinafter referred to as jiande city Health and Wellness Bureau), as the supervision and management department of the medical service industry in its jurisdiction, has failed to perform its duties according to law, resulting in the violation of social public interests.
On January 27th, 2021, jiande city Hospital organized a public hearing on the necessity and improvement of adding text information submission and text calling functions to the medical emergency system, and invited representatives from social organizations such as the Disabled Persons’ Federation and the Association of the Elderly, relevant functional departments such as health and finance, NPC deputies, CPPCC members, people’s supervisors, and experts in barrier-free environment construction to attend the meeting. All parties fully expressed their opinions and suggestions and agreed that, The construction of text alarm function of 120 emergency dispatch system is an important measure to protect the life and health rights of hearing-impaired and speech-impaired groups and their families. It is really necessary to improve the construction of medical emergency text alarm system. After the hearing, jiande city Hospital sent a pre-litigation procuratorial proposal to jiande city Health and Health Bureau, suggesting that it urge jiande city Medical Emergency Command Center to improve the related functions of the distress system as soon as possible and effectively protect the legitimate rights and interests of specific groups.
On March 20th, 2021, jiande city Health and Health Bureau made a written reply to the procuratorate, indicating that it had actively contacted the dispatching system design and development company to improve the software development, and the text alarm function would be launched soon. On April 1st of the same year, the "Connected First Aid" platform was officially launched, and jiande city Hospital invited NPC deputies, medical industry experts and representatives of specific groups to participate in the operation and debugging of the platform. Experience shows that "Connected First Aid" now has the convenient operation function of "calling for help with one button", and it can locate registered patients in real time, effectively improving the efficiency of dispatching rescue, and citizens can also realize text alarm by sending text content to designated numbers.
On the basis of handling this case, the People’s Procuratorate of Hangzhou City, Zhejiang Province (hereinafter referred to as Hangzhou Hospital) instructed the district and county procuratorial organs to investigate the other eight medical emergency command centers in their jurisdiction, and found that the command and dispatch system did not have the function of text alarm, which was universal. On May 18th, 2021, Hangzhou Municipal Hospital and the Office of Hangzhou Leading Group for Barrier-free Environment Construction jointly held a coordination meeting, inviting Wei Jian, Disabled Persons’ Federation and other relevant functional departments to participate in it, forming the Minutes of the Meeting on Promoting the Construction of One-button First Aid and Text Alarm System in Hangzhou, which clearly defined that the municipal Wei Jian Department would take the lead in formulating a perfect plan for the construction of the city’s medical emergency text alarm system and organize its implementation. On July 9, 2021, the Hangzhou Municipal Health and Wellness Committee issued the Notice on Promoting the Construction of One-button First Aid and Text Alarm System in Hangzhou, requiring all relevant district, county (city) health and health departments to effectively promote the construction, putting into use and long-term management of medical emergency text alarm system. By the end of December, 2021, all the 120 emergency dispatching systems in the city had the function of text alarm.
[Typical meaning]
The text alarm function of emergency call system such as medical first aid is the emergency guarantee for specific groups such as hearing impairment and speech impairment. Procuratorial organs use the methods of "public hearing+procuratorial suggestions+evaluation and acceptance" to urge and cooperate with relevant functional departments to promote the medical emergency dispatch system to improve the text alarm function. Carry out case-based supervision, promote the city’s 120 emergency dispatch system to achieve full coverage of the text alarm function, and achieve the social effect of "handling one case and managing one piece".
7. Administrative public interest litigation case in which the People’s Procuratorate of Qijiang District of Chongqing urged to protect the right to education of disabled minors.
[Keywords:]
Pre-litigation procedure of administrative public interest litigation   The right to education of disabled minors   Compulsory education   Stop dropping out of school and keep learning.
【 gist 】
In view of the difficulties in enrolling children and adolescents with disabilities, the failure to resume school after the expiration of suspension, and the irregular delivery of teachers to their homes, the procuratorial organs issued pre-litigation procuratorial suggestions to urge the education departments to fully perform their duties of controlling drop-outs and protecting their schooling according to law, and set up a long-term mechanism through special rectification actions to fully protect the rights of disabled minors to receive compulsory education on an equal footing.
[Basic case]
Some disabled minors in Qijiang District of Chongqing have dropped out of school. For example, Luo Moumou, a minor in Qijiang District of Chongqing, originally studied in a primary school in Qijiang District. In 2017, due to an accident, he applied for suspension treatment for lower limb paralysis. By the end of his suspension in 2019, Luo Moumou’s condition had stabilized and he was recuperating at home. His parents did not apply to the school for extension of suspension, and the original school did not actively organize to persuade him to return to school, nor did he send him to school according to the actual situation.
【 Investigate and supervise the performance of duties 】
In April, 2021, the People’s Procuratorate of Qijiang District, Chongqing (hereinafter referred to as Qijiang District Hospital) found clues in this case during the special action to protect the rights and interests of the disabled, so it coordinated the public interest litigation procuratorial department and the juvenile procuratorial department to set up a joint case-handling team to investigate. The procuratorial organs collected basic data from the Qijiang District Disabled Persons’ Federation (hereinafter referred to as the District Disabled Persons’ Federation), verified the enrollment situation of more than 600 school-age disabled minors in the whole district one by one through division of labor and cooperation, and then conducted household surveys on more than 10 key objects suspected of being infringed on their right to education, and visited disabled persons’ federations, civil affairs, special schools and other units to listen to their opinions. Through a comprehensive investigation, the Qijiang District Hospital found out that there were many school-age disabled minors who did not attend school or returned to school on time to receive compulsory education, and some schools did not provide home schooling for disabled students who were not suitable for attending classes in schools as required. According to the Compulsory Education Law of People’s Republic of China (PRC), Regulations of the People’s Republic of China on Education for Disabled Persons and other regulations, the education administrative department shall organize and urge school-age children and adolescents to enter school. If they are not suitable for attending school because of their disabilities, they shall be provided with home schooling or distance education to implement compulsory education and be included in the school roll management.
On May 21, 2021, Chongqing Municipal People’s Procuratorate and the Fifth Branch of Chongqing Municipal People’s Procuratorate (hereinafter referred to as the Fifth Branch) intervened and guided key issues such as supervision direction, investigation measures and judicial assistance when listening to the report of the Qijiang District Court on the case. On this basis, the Qijiang District Hospital further communicated with the Qijiang District Education Committee (hereinafter referred to as the District Education Committee), making it clear that the education administrative department has the statutory duty to ensure that disabled minors receive compulsory education, and on this basis, further study and solve the relevant special education problems within its jurisdiction.
On July 5, 2021, according to the Law on the Protection of Minors in People’s Republic of China (PRC) and other relevant regulations, Qijiang District Court issued a pre-litigation procuratorial proposal to the District Education Committee on the protection of the right to education for the disabled. In view of the problems found in the investigation, such as the inclusion of some school-age disabled minors in the school registration management, the irregular delivery of education and the difficulty for blind children to attend school nearby, it is suggested that the District Education Committee fully perform its duties according to law, guarantee the education rights of relevant disabled minors, improve the special education guarantee system, and promote disabled minors in its jurisdiction in a comprehensive way. After the procuratorial suggestion was issued, the District Education Commission attached great importance to it, and set up a rectification leading group headed by the director of the District Education Commission, worked out a rectification plan in detail, and carried out special supervision and rectification actions to control the dropout and protect the school in the whole region, and established a work account and found out the situation based on the classification of not actually enrolling in school, not resuming school due to suspension from school, and returning to school for treatment outside the district. During the rectification process, the Qijiang District Hospital dynamically followed up and supervised the whole process, and actively coordinated the support and cooperation of the public security organs and the Disabled Persons’ Federation departments for difficulties such as incomplete information collection and mastery of disabled persons by the education department.
On August 30, 2021, the District Education Committee replied to the procuratorial suggestion in writing, and all 79 school-age disabled children who had not been enrolled in school were resettled when the school started in autumn. With the requirements of "full coverage and zero rejection", four students who had returned to rehabilitation treatment and two blind children were coordinated to solve the problem of difficulty in enrolling in school nearby, and they took the lead in exploring local conditions and solving the problem of quality and efficiency of sending them to school.
On November 18, 2021, the Fifth Branch, the Qijiang District Hospital and the District Disabled Persons’ Federation jointly launched a "look back" on this case, and started to help and rescue the families with financial difficulties, and carried out activities such as "Sister Sha sent the law to the door" for those with mobility difficulties. In December, 2021, under the joint promotion of the Qijiang District Hospital, the District Education Committee and the District Disabled Persons’ Federation, the leading group for the protection of minors in Qijiang District issued a working mechanism on strengthening the work of sending disabled children and adolescents to their homes and studying in regular classes, further consolidating the responsibilities of the education Committee, civil affairs, the Youth League Committee and other relevant departments, villages, schools and other units, and promoting the long-term governance of the problem of disabled minors receiving compulsory education. In January, 2022, the Women’s Federation of Qijiang District gave family education and guidance to some families who failed to perform their guardianship duties. Joint civil affairs departments introduce social workers’ assistance and charitable funds to form a working situation in which multi-social forces work together to care for the disabled.
[Typical meaning]
The report of the 19th National Congress of the Communist Party of China clearly pointed out that "run special education well and strive to make every child enjoy a fair and quality education". The state guarantees the disabled people’s equal right to receive education, and the procuratorial organs take the issue of the disabled minors’ right to receive education as the breakthrough point, put forward targeted procuratorial suggestions in time, urge functional departments to perform their duties according to law, promote the establishment of a "dynamic prediction, concerted efforts and accurate assistance" supervision system to control school dropouts, institutionalize the problem of the right to receive education for school-age disabled minors, adhere to the simultaneous promotion of supervision and assistance, realize seamless connection and mutual supplement between judicial assistance and social assistance, actively safeguard the legitimate rights and interests of disabled people, and further create equality.
8. The People’s Procuratorate of Pengzhou City, Sichuan Province urged the protection of the rights and interests of the disabled in rehabilitation training.
[Keywords:]
Pre-litigation procedure of administrative public interest litigation   Rehabilitation training for patients with autism and cerebral palsy   medical insurance
【 gist 】
Rehabilitation training is very important to improve the self-care ability and quality of life of disabled people such as autism and cerebral palsy. In view of the outstanding problems that affect and restrict rehabilitation training, the procuratorial organs, together with the Disabled Persons’ Federation, carry out special supervision of public interest litigation, urge the functional departments such as health, medical security and civil affairs to implement the provisions on the payment of rehabilitation training fees for disabled persons into basic medical insurance according to law, standardize the management of rehabilitation training institutions, and effectively protect the legitimate rights and interests of rehabilitation training for autistic and cerebral palsy patients.
[Basic case]
Due to the ineffective implementation of the basic medical insurance payment policy, some patients with autism and cerebral palsy are forced to reduce or even give up rehabilitation training because of the high rehabilitation training costs, which is not conducive to improving their self-care ability and affecting the quality of life of themselves and their families. Some rehabilitation training institutions lack norms in facilities and equipment, the allocation of teachers and the pertinence of rehabilitation programs, which affects the effectiveness of rehabilitation training. Some social welfare centers have failed to arrange rehabilitation training for patients with cerebral palsy. In this regard, there are loopholes and blind spots in administrative supervision.
【 Investigate and supervise the performance of duties 】
On April 11, 2022, the People’s Procuratorate of Pengzhou City, Sichuan Province (hereinafter referred to as Pengzhou Hospital) decided to jointly carry out special supervision actions according to the rehabilitation training of autistic and cerebral palsy patients transferred by the Municipal Disabled Persons’ Federation (hereinafter referred to as the Municipal Disabled Persons’ Federation).
After investigation, according to the Regulations on Disability Prevention and Rehabilitation of Disabled Persons, the Implementation Measures of Rehabilitation Assistance for Disabled Children in Chengdu, and the Notice of Chengdu Medical Security Bureau on Matters Related to the Inclusion of Some Medical Rehabilitation Projects in the Basic Medical Security, the rehabilitation training programs that have clearly included the autism diagnostic interview scale (ADI) assessment, speech ability screening, daily life movement training, etc. in the basic medical security scope, the publicity and policy interpretation of relevant functional departments are not in place, resulting in the ignorance of some families of autistic patients. At the same time, some designated institutions for rehabilitation assistance services do not belong to the designated medical rehabilitation institutions approved by the medical insurance department, which leads to the fact that the medical rehabilitation expenses for cerebral palsy patients who are not hospitalized cannot be included in the medical insurance payment. On April 21, 2022, Pengzhou City Court filed an administrative public interest lawsuit. On April 23, it held pre-litigation consultations with the Municipal Disabled Persons’ Federation and the Municipal Medical Insurance Bureau, suggesting to increase the publicity of relevant policies; Establish a supporting mechanism for the medical insurance payment method of rehabilitation training expenses suitable for the actual situation of autistic and cerebral palsy patients. The Municipal Medical and Social Security Bureau indicated that it will further increase the publicity of medical insurance policies, and implement medical rehabilitation training programs into medical insurance payment policies under prescribed conditions and procedures. On April 28th, Pengzhou Municipal Hospital sent a procuratorial proposal on social governance to the Municipal Maternal and Child Health Hospital, suggesting that it should connect with the medical insurance department in time and strive to be included in the designated rehabilitation medical institutions to protect the legitimate rights and interests of the disabled in rehabilitation training. The Municipal Maternal and Child Health Hospital has made a special study on the declaration scheme.
It was also found that the three designated rehabilitation training institutions in the jurisdiction did not strictly implement the "Access Standards for Designated Rehabilitation Institutions for Autistic Children in Sichuan Province (Trial)", "Conditional designated institutions can be equipped with VR training facilities" and "rehabilitation teachers must have technical secondary school education or above and obtain corresponding professional qualifications; The ratio of rehabilitation teachers to autistic children is not less than 1:5 ""Rehabilitation institutions should formulate and implement individualized rehabilitation service plans "and other regulations, which affect the rehabilitation training effect of patients. On April 26th, Pengzhou City College organized a public interest litigation hearing to listen to the opinions of NPC deputies, CPPCC members and government legal departments. The meeting made it clear that the municipal health bureau should strengthen management and guidance on the problems existing in public medical rehabilitation training institutions to ensure strict implementation of relevant regulations and improve the effect of patient rehabilitation training; The problems existing in private rehabilitation training institutions shall be led by the Municipal Disabled Persons’ Federation and coordinated by the Municipal Health Bureau, and ordered to be rectified. Up to now, designated rehabilitation institutions have solved the problem of insufficient teachers through open recruitment and sending teachers out for training, and listened to the opinions and suggestions of patients’ families on training hours and training methods, and improved training programs in strict accordance with standards.
At the same time, in view of the problem that some cerebral palsy patients in welfare centers have not been sent to rehabilitation training institutions for rehabilitation training, Pengzhou City Hospital issued a pre-litigation procuratorial proposal to the Civil Affairs Bureau on April 26th, suggesting that welfare centers should be urged to perform their guardianship duties, and cerebral palsy patients should be sent to rehabilitation training institutions regularly for rehabilitation training, and the data collection and submission of rehabilitation training subsidies should be well implemented. The welfare center has contacted the designated assessment institutions to assess the patients with cerebral palsy, diagnose whether they have corresponding rehabilitation indications, clarify the rehabilitation needs, and take rehabilitation training institutions to provide rehabilitation training for patients with cerebral palsy by sending teachers to their homes.
[Typical meaning]
The 14th Five-Year Plan for the Protection and Development of Disabled Persons clearly requires improving the quality of rehabilitation services for disabled persons. Procuratorial organs can actively perform their duties by identifying the outstanding problems that plague patients with autism and cerebral palsy and their families, urge and cooperate with relevant functional departments to implement the rehabilitation assistance system, promote the improvement of rehabilitation medical security projects, strengthen and standardize the construction of rehabilitation training institutions, strengthen legal supervision and ensure public welfare protection for the implementation of disability prevention and rehabilitation of disabled people, and show special concern for disabled people.
9. The People’s Procuratorate of Gaoyao District, Zhaoqing City, Guangdong Province urged the issuance of subsidies for guardians of patients with severe mental disorders.
[Keywords:]
Pre-litigation procedure of administrative public interest litigation   Rights and interests of the disabled   Guardian allowance for patients with severe mental disorders
【 gist 】
Paying attention to mental health is one of the important signs to measure the degree of social civilization. The granting of subsidies to guardians of patients with severe mental disorders in accordance with the law is conducive to improving the enthusiasm of guardians of patients with mental disorders, promoting the implementation of guardianship responsibilities, effectively reducing the burden on families of patients with living difficulties, promoting the coordination of departments, society, families and individuals, improving the ability of preventing and treating mental diseases, and improving the patient rescue and protection system. In view of the fact that the administrative organ failed to pay the guardian allowance for patients with severe mental disorders in time according to law, the procuratorial organ urged them to actively perform their duties through consultation and promote timely disbursement.
[Basic case]
In Gaoyao District, Zhaoqing City, Guangdong Province, the annual subsidy for guardians of patients with severe mental disorders in 2020 was not paid on time, and some patients with severe mental disorders had financial difficulties in their families and failed to obtain corresponding subsidies on time, which affected patients’ regular follow-up, life care and home rehabilitation to a certain extent, which may bring potential risks to patients with severe mental disorders to endanger their own and social security, and the social public interest may be damaged.
【 Investigate and supervise the performance of duties 】
At the beginning of 2021, the People’s Procuratorate of Gaoyao District, Zhaoqing City, Guangdong Province (hereinafter referred to as Gaoyao District Hospital) received a report from the family members of patients with severe mental disorders. Before 2019, subsidies issued by the government would be transferred to bank accounts on a regular basis, and no such subsidies were received after 2020. Gaoyao District Hospital immediately carried out preliminary verification, got in touch with the informant in time, retrieved the running list of its bank account transactions, and retrieved the list of patients with severe mental disorders and the distribution of subsidies from relevant departments, and verified that the subsidy was actually a guardian subsidy for patients with severe mental disorders. The whistleblower’s bank account received the subsidy during 2018 and 2019, but it was not received in 2020. In view of the possible damage to social public interests caused by irregular use of subsidies or untimely payment, Gaoyao District Court quickly launched an investigation.
After investigation, according to the Mental Health Law of People’s Republic of China (PRC), the Implementation Opinions on Strengthening the Rescue Work for Patients with Severe Mental Disorders issued by 11 departments such as the Office of the Guangdong Provincial Committee for Comprehensive Management of Social Security, and the Measures for Zhaoqing City to Implement the Responsibility of Guardianship for Patients with Severe Mental Disorders by Implementing the Policy of "Rewards instead of Compensation" (hereinafter referred to as "Zhaoqing Measures"), At the end of each year, the guardian and the village (neighborhood Committee) fill in the declaration and approval form and sign the opinions, and then send it to the town (street) comprehensive management department for acceptance. The town (street) comprehensive management department will send it to the police station, health and family planning, the Disabled Persons’ Federation and other departments in the jurisdiction for review, and it will be approved by the district comprehensive management department and finally distributed by the financial department. In the middle of each year, according to the registered guardians of patients with severe mental disorders, half of the subsidy will be paid to the guardians, and the other half will be paid to the guardians at the end of the year after the patients have not caused trouble and the guardianship responsibility has been implemented and passed the assessment. Gaoyao District has started to provide subsidies for guardians of patients with severe mental disorders since 2016 according to the Zhaoqing Measures. In 2020, the preliminary examination and approval of the grant was basically complete, but it was not issued as of April 2021 due to poor connection between various departments. Gaoyao District Hospital issued a "Consultation Letter" to the financial department of the district, requesting that the guardian of patients with severe mental disorders should perform the duties of subsidy payment and fund management monitoring in accordance with the law. On April 19, 2021, the financial department of Gaoyao District reviewed the information according to the relevant departments.A total of 4,849,150 yuan of subsidies for guardians of patients with severe mental disorders in 2020 was fully allocated to the accounts of more than 4,000 guardians of patients in the region. Relevant functional departments indicated that in the future, communication and coordination will be strengthened, subsidies will be issued in a timely manner according to regulations, and the legitimate rights and interests of specific groups will be effectively safeguarded. After receiving the reply, Gaoyao District Hospital visited the family of the informant, verified the receipt of the subsidy and explained that the administrative department had timely distributed the subsidy to the whole district.
[Typical meaning]
Mental health is a major global public health problem and a prominent social problem. The CPC Central Committee and the State Council attached great importance to the prevention and rescue of serious mental disorders and issued a series of laws and policies. Procuratorial organs take the initiative to perform the procuratorial function of public interest litigation, urge relevant administrative departments to actively perform their duties, promote the timely disbursement of subsidies for guardians of patients with severe mental disorders in accordance with procedures, and promote the implementation of the national policy of benefiting the people, which is conducive to preventing patients with severe mental disorders and their families from becoming poor due to illness, encouraging and urging guardians to earnestly perform their guardianship responsibilities, promoting the prevention and reduction of accidents caused by patients with severe mental disorders from the source, eliminating potential risks affecting social security and stability, creating a social atmosphere of understanding and caring for patients with severe mental disorders, and promoting assistance.
10. The People’s Procuratorate of Tonglu County, Zhejiang Province urged to protect the personal information rights and interests of the disabled.
[Keywords:]
Pre-litigation procedure of administrative public interest litigation   Rights and interests of the disabled   Government information disclosure   Personal information security
【 gist 】
In view of the improper disclosure of personal information of the disabled in the process of government information disclosure, which may lead to personal and property violations such as telecom fraud, procuratorial organs actively perform the function of public interest litigation, urge administrative organs to standardize the government information disclosure, improve the information disclosure review system, and earnestly safeguard the legitimate rights and interests of the disabled.
[Basic case]
Tonglu County Finance Bureau’s information about disabled people’s difficult living allowance and severe nursing allowance published on the county government’s information disclosure platform contains more than tens of thousands of pieces of personal information about disabled people’s ID card number, bank card number, disability type, etc., which leads to the disclosure of a large number of personal information of disabled people and the risk of being used by telecom fraud.
【 Investigate and supervise the performance of duties 】
In August, 2021, the People’s Procuratorate of Tonglu County, Zhejiang Province (hereinafter referred to as Tonglu County Hospital) found the clues of this case and put it on file during the special supervision action of public interest litigation for personal information protection. Through interviews, surveys, electronic data extraction and screen capture, it is found that the information publicized by Tonglu County Finance Bureau on the county government information disclosure platform contains more than 12,000 pieces of personal information of the disabled, such as ID number, bank card number and disability type, and has not been identified in the past. According to the review of Tonglu County Court, according to the Civil Code of People’s Republic of China (PRC), the Law of the People’s Republic of China on the Protection of Disabled Persons, the Regulations of People’s Republic of China (PRC) on the Openness of Government Information and other relevant laws and regulations, the legitimate rights and interests of disabled persons, including personal information, are protected by law, and government information involving personal information such as ID number and bank card number of disabled persons is prohibited from being disclosed according to law. The Law of People’s Republic of China (PRC) on the Protection of Personal Information makes it clear that information such as specific identity, medical health and financial accounts are sensitive personal information. Only when there is a specific purpose and sufficient necessity, and strict protection measures are taken, can personal information processors handle sensitive personal information. State organs shall handle personal information in accordance with the authority and procedures prescribed by laws and administrative regulations in order to perform their statutory duties, and shall not exceed the scope and limits necessary to perform their statutory duties. Tonglu County Finance Bureau, as the issuing unit of government information, failed to perform the duty of reviewing the government information to be disclosed according to law, resulting in a large number of personal information of disabled people being leaked, which damaged the legitimate rights and interests of disabled people.
In order to solve the problem quickly and effectively, Tonglu County Hospital held consultations with the County Finance Bureau in time, and explained the relevant regulations on the protection of personal information and the relevant facts of verification, suggesting that the disclosure of relevant personal information may lead to the risks of telecommunication network fraud for the disabled. On September 17, 2021, Tonglu County Hospital issued a pre-litigation procuratorial proposal to the County Finance Bureau, urging it to perform its statutory duties according to law, eliminate the hidden dangers of personal information security of the disabled, standardize the disclosure of government information according to law, and effectively protect the personal information rights and interests of the disabled.
Tonglu County Finance Bureau attached great importance to the procuratorial proposal, actively implemented the rectification, and de-identified more than 12,000 pieces of personal information involved in the case within one week. At the same time, Tonglu County Hospital, in combination with handling cases, promoted the county finance bureau to carry out self-examination on the publicity of financial special poverty alleviation funds since 2020, and found that more than 18,000 publicity information of disabled people’s living allowances and severe nursing allowances were improperly disclosed. The bureau immediately de-identified the relevant personal information, improved the information disclosure review system, reminded relevant staff, strengthened the education of information disclosure and the rule of law, effectively strengthened the protection of citizens’ personal information, especially the personal information of the disabled, and effectively standardized the disclosure of government information.
[Typical meaning]
Personal information security of the disabled is an important content of the legitimate rights and interests of the disabled. The disclosure of personal information of the disabled, especially sensitive personal information, is likely to lead to the illegal actors using "disability allowance" as bait to commit telecom fraud against the disabled and infringe on their personal and property rights. In this case, the procuratorial organ focused on the personal information security of the disabled, urged the administrative organ to perform the government information disclosure duties according to law, and promptly eliminated the hidden dangers of personal information security of the disabled. Combined with case handling, we will promote the administrative organs to carry out special investigations. While helping the standardization of government information disclosure and promoting the improvement of the construction of a government ruled by law, we will continue to weave a personal information security protection network for the disabled to protect their personal dignity and property safety.
Since the 18th National Congress of the Communist Party of China, the CPC Central Committee with the Supreme Leader as the core has paid special attention to the cause of the disabled. General Secretary of the Supreme Leader stressed that the cause of the disabled is a spring cause, and it is necessary to mobilize all sectors of society and all sectors of society to carry out activities to help the disabled. In recent years, with the support and cooperation of the Disabled Persons’ Federation and relevant functional departments, the procuratorial organs have adhered to the supreme leader’s thought of rule of law as the guide, fully performed the procuratorial function of public interest litigation, actively and steadily explored public interest litigation to protect the rights and interests of the disabled, guaranteed the equal rights of the disabled according to law, promoted the high-quality development of the cause of the disabled, and constantly met the needs of the disabled for a better life.
On the occasion of the 32nd National Day for Helping the Disabled, the Supreme People’s Procuratorate, together with China Disabled Persons’ Federation, issued 10 typical cases of procuratorial public interest litigation for the protection of the rights and interests of the disabled, jointly providing a strong legal guarantee for safeguarding the equal rights of the disabled and promoting their all-round development. What achievements have been made in judicial protection of the rights and interests of the disabled? What are the difficulties and problems? Hu Weilie, director of the Eighth Procuratorate of the Supreme People’s Procuratorate, Zhou Jian, director of the Rights Protection Department of the China Disabled Persons’ Federation, and Xie Hongde, a first-class inspector of the Education and Employment Department of the China Disabled Persons’ Federation, answered questions from reporters.
Reporter: What advantages does the procuratorial public interest litigation system play in promoting social governance in handling cases involving the protection of the rights and interests of the disabled? What are the problems at present? Next, how to consolidate the results of handling cases and establish a normalization mechanism?
Hu Weilie, Director of the Eighth Procuratorate of the Supreme People’s Procuratorate:The protection of the rights and interests of the disabled is an important part of the protection of the rights and interests of specific groups, and it is also a key area to explore in the new field of public interest litigation. In handling cases, the advantages of procuratorial public interest litigation system in promoting social governance are mainly reflected in the following aspects:
First, unique institutional advantages. Procuratorial public interest litigation system, as an important reform measure promoted by the CPC Central Committee and the Supreme Leader’s General Secretary, was born under the guidance of the Supreme Leader’s thought of rule of law. In the process of continuous development, it has formed the unique governance efficiency and institutional value of maintaining public interest before litigation, win-win and win-win, focusing on prevention and tracing governance, and laid the institutional foundation for public interest litigation to play its governance efficiency.
The second is to persist in taking the people as the center. Safeguarding people’s interests is the goal and direction of China’s procuratorial public interest litigation system, and the support and participation of the people is the basic way and strong driving force for the development of the system. The legal field of procuratorial public interest litigation has gradually changed from "4" to "4+5", and then it has been explored and expanded in new fields such as the protection of the rights and interests of the disabled. It has always been closely carried out around the areas where public interest damage is frequent in social governance and state governance. In the process of handling public interest litigation cases to protect the rights and interests of the disabled, the procuratorial organs have received strong support and deep participation from the disabled groups. They not only provide case clues, evaluate the effectiveness of rectification, but also help prosecutors solve professional problems encountered in handling cases.
The third is to insist on active judicature and promote "all management" with "I manage". It is difficult to protect the rights and interests of specific groups such as the disabled through the performance of the duties of a single organ or department, which requires the attention of the whole society from all sides. Procuratorial public interest litigation is not "single-handedly fighting", and it cannot be separated from coordination with relevant functional departments. In handling cases, procuratorial organs comprehensively adopt various forms such as consultation, hearing, procuratorial suggestions, round tables, etc., and urge administrative organs to administer according to law, strictly enforce the law, and make self-correction, so as to promote the formation of a governance pattern in which multiple subjects cooperate to protect the rights and interests of disabled people.
The main problems at present are: First, the system supply and theoretical support are insufficient. As a new field of public interest litigation, the protection of the rights and interests of the disabled lacks clear legal authorization, and there are few mandatory provisions in relevant laws and regulations. At present, it mainly relies on the legal field to supervise and handle cases, and there are some problems such as complicated case study and approval procedures, and great difficulty in filing a lawsuit. Second, it is difficult to consolidate the effectiveness of handling cases. Some problems are easy to rebound after supervision and correction, which requires the procuratorial organs to continue to follow up and supervise, and make unremitting efforts for a long time. Third, the ability of prosecutors to supervise and handle cases needs to be improved. There are many kinds of laws and regulations related to the protection of the rights and interests of the disabled, and the problems that infringe on the rights and interests of the disabled are also complex and diverse. Clue research, investigation and verification, and supervision and rectification all require cross-disciplinary and multi-professional knowledge reserves.
In the next step, we will continue to promote the improvement of legislation related to the protection of the rights and interests of the disabled. Focusing on the National People’s Congress Standing Committee (NPCSC)’s legislative planning and legislative work plan, we will strengthen communication with China Disabled Persons’ Federation and other relevant departments, and promote the addition of procuratorial public interest litigation clauses in the revision of relevant laws such as the Law on the Protection of Disabled Persons. We will continue to strengthen the guidance on handling cases, timely issue guidance on strengthening public interest litigation in the field of protecting the rights and interests of disabled people, and gradually improve the professional level of public interest litigation prosecutors. Adhere to the concept of continuous follow-up supervision, carry out "looking back" in a normal way, invite professionals and disabled people as public welfare observers, check and experience the rectification effect on the spot, pay attention to the sense of participation and gain of disabled people, and do the second half of the article.
Reporter: What achievements have been made in the judicial protection of the rights and interests of the disabled in China? What are the difficulties and problems? How can China Disabled Persons’ Federation give full play to its own functions and further promote it?
Zhou Jian, Director of Rights Protection Department of China Disabled Persons’ Federation:China attaches great importance to the legislative protection of the disabled. At present, there are more than 90 laws and more than 50 administrative regulations directly related to the protection of the rights and interests of the disabled. China has formed a legal and regulatory system for the protection of the rights and interests of the disabled based on the Constitution, the Civil Code, the Criminal Law and other laws, and supported by administrative regulations and local regulations such as the Regulations on Disability Prevention and Rehabilitation, the Regulations of the People’s Republic of China on Education for the Disabled, the Regulations on Employment of the Disabled and the Regulations on Barrier-free Environment Construction. The state judicial organs have taken various measures to strengthen the judicial protection of the disabled, so as to ensure that the provisions of these laws and regulations to protect the rights and interests of the disabled are implemented. In 2015, the Disabled Persons’ Federation of the Supreme People’s Procuratorate and China issued the Opinions on Effectively Safeguarding the Legal Rights and Interests of Disabled Persons in Procuratorial Work, intensifying the crackdown on various criminal crimes that infringe on the rights and interests of disabled persons, and earnestly safeguarding the legitimate rights and interests of disabled persons. In 2018, the Disabled Persons’ Federation of the Supreme People’s Court and China issued the Opinions on Effectively Safeguarding the Legal Rights and Interests of Disabled Persons in the Execution of Trials, so as to effectively protect the legal rights and interests of disabled persons and facilitate them to participate in litigation activities. In February 2022, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of Justice and the China Disabled Persons’ Federation jointly issued the Opinions on Deeply Studying and Implementing the Supreme Leader’s Thought of Rule of Law and Effectively Strengthening the Judicial Protection of the Disabled, further clarifying their respective responsibilities and forming a joint force to strengthen the judicial protection of the disabled. Especially the Supreme People’s Procuratorate,From 2020, comprehensively summarize and promote the experience of public interest litigation in barrier-free environment construction; In 2021, 3,272 public interest lawsuits for barrier-free environment construction were filed, 6.2 times that of 2020; Through the release of today’s typical cases, barrier-free public interest litigation will be extended to the fields of employment, education and social security for the disabled, and strengthening all-round judicial protection for the disabled will definitely have a far-reaching impact on the protection of human rights for the disabled and the high-quality development of the cause for the disabled.
However, the judicial protection of the disabled still faces many difficulties and problems. First of all, the situation of the disabled as a social vulnerable group has not been fundamentally changed, and violations of the rights and interests of the disabled still occur from time to time. Some cases are of a very bad nature, which seriously impacts the moral bottom line of human society and requires serious investigation by judicial organs according to law. Secondly, most disabled people have weak self-awareness and ability to protect their rights, which requires judicial organs to be more active and active in safeguarding the rights and interests of disabled people. Third, in the process of handling specific cases, the investigators may not fully understand the individual differences of the disabled and the special needs of the disabled, so they need to be more patient and meticulous in giving more help to the disabled.
China Disabled Persons’ Federation has built a real-name registration system database containing more than 38 million disabled persons, which is updated dynamically every year to grasp the basic needs of disabled persons in time, laying a solid foundation for the formulation of laws and policies and the implementation of projects involving disabled persons. China Disabled Persons’ Federation, as the unified representative organization of all kinds of disabled people in China, will actively perform the functions of representation, service and management, and safeguard the rights and interests of disabled people according to law. At present, the main tasks to promote the rights protection of disabled people are as follows: First, actively cooperate with the National People’s Congress to carry out legislation on barrier-free environment construction, and provide better legislative guarantee for disabled people to participate in social life. Second, cooperate with relevant state departments to do a good job in the fields of medical rehabilitation, education and employment, social security, cultural life, etc., and effectively guarantee the realization of the rights and interests of the disabled. Third, actively cooperate with the state judicial organs, severely crack down on all kinds of illegal and criminal acts that infringe on the rights and interests of the disabled, firmly stand on the standpoint of the disabled, speak up for the disabled in time, and strive to safeguard their rights. Fourth, cooperate with the national judicial administrative organs and legal popularization institutions to carry out targeted legal popularization activities, improve the legal awareness and self-protection ability of disabled people, and promote their fair enjoyment of various legal services. Fifth, expand social propaganda through various channels, eliminate all kinds of discrimination against the disabled, and form a good social atmosphere of caring, respecting, understanding, supporting and helping the disabled.
Reporter: Some disabled people’s legitimate rights and interests have been infringed, but they may be unwilling or unable to defend their rights and interests for various reasons. What efforts have the procuratorial organs made for this? Are there any typical cases?
Hu Weilie, Director of the Eighth Procuratorate of the Supreme People’s Procuratorate:General Secretary of the Supreme Leader stressed: "Disabled people are a group with special difficulties and need special care and attention." The CPC Central Committee with the Supreme Leader as the core has always adhered to the people-centered development thought, and regarded the cause of the disabled as an important part of Socialism with Chinese characteristics’s cause, and more fully incorporated it into the overall work of the party and the state. Public interest litigation is not only a popular project, but also a judicial function of human rights protection. It should not only concentrate on solving the urgent and anxious issues of the people, but also play the relief role of human rights protection when the rights and interests of some specific groups such as disabled people, women and children cannot be effectively protected. In judicial practice, for some universal public welfare damage problems involving unspecified legal rights and interests of disabled people, procuratorial organs adhere to the principle of active and steady handling cases, make full use of existing policies and legal basis, actively strive for the support of party committees and governments at all levels and the authorization of local legislation, carry out special supervision according to local conditions, and give full play to the governance efficiency of public interest litigation system, and handle a number of typical cases of procuratorial public interest litigation for the protection of rights and interests of disabled people. For example, on May 14th, 2021, Supreme People’s Procuratorate and China Disabled Persons’ Federation jointly held a press conference and jointly released 10 typical cases of procuratorial public interest litigation on barrier-free environment construction. On July 28th of the same year, at the 16th China Information Barrier-free Forum, 20 exhibition results of barrier-free public interest litigation by procuratorial organs were released to guide all localities to continuously deepen public interest litigation on barrier-free environment construction. Today, the Supreme People’s Procuratorate and the China Disabled Persons’ Federation jointly released 10 typical cases of protecting the rights and interests of the disabled.It involves the protection of the rights and interests of the disabled in employment, barrier-free environment, education, rehabilitation, social security, cultural life and information security, and pays more attention to the all-round judicial protection of the rights and interests of the disabled.
Reporter: What policies does the state have to ensure the employment of the disabled? For example, some units have the responsibility and obligation to arrange the employment of the disabled in proportion. How to ensure that these policies are put in place?
Xie Hongde, First Inspector of Education and Employment Department of China Disabled Persons’ Federation:General Secretary of the Supreme Leader pointed out that employment is the biggest livelihood project, popular project and foundation project, and it is an important guarantee for social stability, so we must pay close attention to it. Employment is more important for the people’s livelihood security of the disabled. China’s Employment Promotion Law of People’s Republic of China (PRC), Law of the People’s Republic of China on the Protection of Disabled Persons, Regulations on the Employment of Disabled Persons and other laws and regulations have a series of provisions to ensure the employment of disabled persons. By adopting preferential policies and supporting and protecting measures, the employment of disabled persons is gradually popularized, stable and reasonable through various channels, levels and forms. The Law of the People’s Republic of China on the Protection of Disabled Persons clearly stipulates the system of arranging employment for disabled persons in proportion. The Regulations on the Employment of Disabled Persons further stipulates: "The proportion of employers arranging employment for disabled persons shall not be less than 1.5% of the total number of employees in their own units." "If the employing unit fails to reach the proportion set by the people’s government of the province, autonomous region or municipality directly under the Central Government where it is located, it shall pay the employment security fund for the disabled." By the end of 2021, there were 8.816 million urban and rural disabled people with certificates, of whom 818,000 were employed in proportion, 268,000 in centralized employment, 635,000 in individual employment, 148,000 in public welfare posts, 143,000 in auxiliary employment, 2.503 million in flexible employment (including community and home employment) and 4.301 million in agricultural breeding.
However, some employers still have some incorrect understandings about the employment of the disabled, and they are unwilling to arrange the employment of the disabled for various reasons, which has a very bad social impact and damaged legal dignity. In order to promote organs, institutions and state-owned enterprises to take the lead in arranging employment for the disabled, in October 2021, the Central Organization Department, the Central Organization Office, Ministry of Human Resources and Social Security, the State-owned Assets Supervision and Administration Commission and the China Disabled Persons’ Federation jointly issued the Measures for Organs, Institutions and State-owned Enterprises to Take the Lead in Arranging Employment for the Disabled, requiring organs, institutions and state-owned enterprises to take active measures to arrange employment for the disabled in proportion. The measures stipulate that by 2025, party and government organs at the provincial, prefectural and municipal levels that have not reached the required proportion of employment for disabled people will arrange at least one disabled person, and institutions with more than 67 employees (excluding primary and secondary schools and kindergartens) will arrange at least one disabled person to be employed. There should be more than 15% disabled people in the cadres of the disabled persons’ Federation at or above the county level. It also stipulates that, on the premise of adhering to the physical conditions for the normal performance of duties, priority should be given to the employment (employment) of disabled people in positions and posts that they are competent for under the same conditions. In March 2022, the General Office of the State Council issued the Three-year Action Plan for Promoting the Employment of Disabled Persons (2022-2024).Ten actions, such as government agencies and institutions taking the lead in arranging employment for disabled people, state-owned enterprises arranging employment for disabled people, private enterprises arranging employment for disabled people, disabled people’s organizations assisting employment, disabled people with employment difficulties assisting employment in rural areas, disabled college students assisting employment, blind massage promoting employment, disabled people’s employment service upgrading, and disabled people’s vocational skills upgrading, will be implemented to achieve the goal of 1 million new disabled people in urban and rural areas in 2022-2024.
Employment is the foundation of people’s livelihood. At the beginning of the "Tenth Five-Year Plan", the central government and relevant departments issued several heavy documents aimed at effectively protecting the employment rights and interests of the disabled and promoting their full and high-quality employment.
Reporter: Employment is one of the obstacles that people with disabilities cannot overcome. How can procuratorial organs protect the labor rights and interests of disabled people and eliminate the employment discrimination encountered by this group?
Hu Weilie, Director of the Eighth Procuratorate of the Supreme People’s Procuratorate:The National Action Plan for Human Rights (2021-2025) clearly requires "to fully implement the employment priority policy and eliminate discrimination in employment and occupation". The Tenth Five-Year Plan for Employment Promotion calls for "efforts to eliminate employment discrimination. Establish an employment mechanism for workers to participate in market competition on an equal footing, create a fair market environment, and gradually eliminate all kinds of unreasonable restrictions or employment discrimination that affect equal employment, such as nationality, race, gender, household registration, identity, disability, and religious beliefs, and enhance the inclusiveness of the labor market. " The theme of the National Day for Helping the Disabled in 2022 is "Promoting the employment of the disabled and safeguarding their rights and interests". It is relatively difficult for the disabled to find employment, and employment discrimination makes it even more difficult for them to find employment, which affects and restricts their integration into society, all-round development and common prosperity. Based on the procuratorial function of public interest litigation, procuratorial organs supervise the unified and correct implementation of laws related to the protection of the rights and interests of disabled people and strive to eliminate employment discrimination of disabled people. Of the 10 typical cases released this time, 3 directly related to the protection of employment rights and interests of the disabled. Among them, the Procuratorate of Jinjiang City, Fujian Province takes the protection of the legitimate rights and interests of blind medical massage personnel and the standardization of the development of blind medical massage industry as the breakthrough point, and actively performs its duties according to law, expanding the employment promotion action of blind massage into a special public interest litigation activity of "employment assistance and equal sharing", urging relevant functional departments to take the initiative, broadening employment channels in the fields of culture, art and mental health for the disabled, and taking various measures to promote employment and entrepreneurship for the disabled.The Huangpu District Procuratorate of Guangzhou City, Guangdong Province, aimed at the problem that employers publish job advertisements that discriminate against the disabled through the Internet recruitment platform, and with the help of the cooperation mechanism established with the Disabled Persons’ Federation, accurately urged relevant functional departments to promptly correct the illegal recruitment behavior of employers and jointly safeguard the equal employment rights of the disabled. The 14th Five-Year Plan for the Protection and Development of Disabled People emphasizes the need to improve the policy of disabled people driving motor vehicles. Hangzhou Procuratorate of Zhejiang Province accurately obtains case clues from the disabled through the "benefit for the public" procuratorial cloud platform, expands the procuratorial public interest litigation for the protection of the rights and interests of the disabled by relying on the field of road traffic safety, and urges relevant departments to implement designated medical institutions to provide physical examination services for the disabled to apply for driver’s licenses, which has reference significance for ensuring the safe driving and promoting the life and employment of the disabled.