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中华人民共和国残疾人保障法(二)

2009-03-24 法律英语 来源:互联网 作者:
publicize undertakings for disabled persons and deeds of assisting disabled persons, promulgate the unyielding spirit of disabled persons and foster a social environment of unity, fraternity and mutual assistance.

  Article 48 The third Sunday of May each year is the National Day of Assisting Disabled Persons.

  Chapter VIII Legal Liability

  Article 49 Where the lawful rights and interests of disabled persons are violated, the offended persons or their agents shall have the right to appeal to the competent authorities for disposition, of institute lawsuits at people's courts in accordance with the law.

  Article 50 Where government functionaries neglect their duties, in violation of the law, and infringe upon the lawful rights and interests of disabled persons, the units to which they belong of their higher authorities shall instruct such persons to correct their wrong doings or subject them to administrative sanctions.

  Article 51 Whoever infringes upon the lawful rights and interests of a disabled person and causes property or other losses or damage shall compensate for the losses or damage according to law or bear other civil liabilities.

  Article 52 Whoever infringes upon the right of person or to other lawful rights of disabled persons by taking advantage of their disabilities and constitutes a crime shall be given a heavier punishment in accordance with the relevant provisions of the Criminal Law.

  Whoever, by violence or other means, publicly insults disabled persons, shall, if the circumstances are serious, be investigated for criminal responsibility in accordance with the provisions of Article 145 of the Criminal Law, and, if the circumstances are less serious, be subject to punishment in accordance with the provisions of Article 22 of the Regulations on Administrative Penalties for Public Security.

  Whoever maltreats disabled persons shall be punished in accordance with the provisions of Article 22 of the Regulations on Administrative Penalties for Public Security; and, if the circumstances are flagrant, he shall be investigated for criminal responsibility

in accordance with the provisions of Article 182 of the Criminal Law.

  Whoever refuses to perform his duty of fostering a disabled person who is unable to live independently, shall, if the circumstances are flagrant, or if he abandons such a disabled person, be investigated for criminal responsibility in accordance with the provisions of Article 183 of the Criminal Law.

  Whoever has illicit sexual relations with a disabled person who is unable to account for her own conduct due to mental retardation or mental disorder shall be deemed to have committed rape and shall be investigated for criminal responsibility in accordance with the provisions of Article 139 of the Criminal Law.

  Chapter IX Supplementary Provisions

  Article 53 Departments concerned under the State Council shall formulate relevant regulations in accordance with this Law and submit them to the State Council for approval before implementation.

  The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate measures of implementation in accordance with this Law.

  Article 54 This Law shall enter into force as of May 15, 1991

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