美国与中国残疾人立法的比较与启示_英文_LiJianfei.pdfVIP

A COMPAＲISON OF THE DISABILITIES ACT FＲOM THE UNITED STATES AND CHINA AND THEIＲ INSPIＲATION * Li Jianf ei Af ter examining the legislation concerning the disabled and its imp lementation in both the United States (the US )and China ，this article exp lores the relationship and diff erences between the laws concerning the disabled in these two countries f rom the p ersp ective of diff erent legislative backgrounds and develop ment． This article discusses the issues surrounding p rotecting the legal rights and interests of the disabled in China ，and p uts f orward op inions and suggestions f or p erf ecting the legal system and p rotecting the disabled in China． During the legislative p eriod ， the legislative concep t regarding the disabled in the US exp erienced three p hases : the medical model ，the socio-p olitical model ，and the minority group / civil rights model． However ，comp ared to the US ，the legislative concep t regarding the disabled in China clearly shows “benef icence ”and “humanity ”． In the legislative content ，the legislative obj ects ，the range of app lication ，the def inition of the disabled and others in these two countries have their own character． The legislations regarding barrier-f ree f acilities and mental health in China have been crowned a success． At the same time ，China has also been challenged with many issues ，such as the rights of AIDS p atients and hep atitis B carriers and discrimination against their f undamental rights as guaranteed by the Constitution．