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UPDATED: September-5-2008  
Legal Aid for the Disabled
By KOU JI

The demand for legal aid for the disabled recently has become reality in many localities, marking a new step forward in the construction of the legal system for the cause of the handicapped in China.

Collegiate Bench for the Disabled in Wuxi

A suit was filed by a real estate development company against Shao Qinying and her daughter, both disabled, in a dispute over house relocation. After conducting an investigation, the Wuxi Collegiate Bench for the Disabled discovered that due to inconvenient transportation, Shao Qinying had difficulty reaching her workplace over 10 km away from the relocated house. So, the president of the court went to the company to explain the Law on Protection of the Disabled, saying that Shao Qinying should not be treated the same way as a healthy person in this case. The company finally bought a house near Shao's work unit.

The Collegiate Bench for the Disabled set up by Wuxi City People's Court in Jiangsu is a deliberate attempt to grant legal aid to the disabled. It is stipulated that cases related to the disabled should be personally handled by the presiding judge. In the trial process, personnel from the China Disabled Persons' Federation should be invited to serve as special jurors, so as to give full consideration to the wishes of the handicapped and protect their interests.

Legal-Aid System in Guangzhou

Huang Xiaodong lives on government relief funds after contracting atrophic arthritis after marriage, which resulted in third-grade paraplegia. Her husband, after gaining residence right during his study in Australia, filed a divorce application with the Sydney Court. Huang agreed to terminate their marriage ties. But, at the same time, she demanded a proper solution to problems relating to property and economic aid for her future livelihood. She sought help from the Guangzhou City Legal Aid Center for the Disabled, and eventually acquired 30,000 yuan in compensation.

Legal aid organizations in Guangzhou include a legal aid center, a council for the promotion of legal aid for the disabled, legal-aid fund for the disabled, as well as district and neighborhood legal service networks for the disabled. These legal aid departments have done much to protect the legal rights and interests of the handicapped.

He Bagen, who suffers defects in the spinal column and lower limbs, originally lived in a house left behind by his father. Later, his brother, who already had a house, forced him to live in an attic, causing him much inconvenience in climbing up and down. District and neighborhood judicial cadres repeatedly provided him with consultancy services. Leaders of the District Disabled Persons' Federation appeared in court to serve as his procurators. As a result, He won the lawsuit and was given an apartment on the first floor facing the street. He said with emotion, "Such thoughtful government help is better than tens of thousands of yuan in relief funds."

Mobile Court in Jiangxi

Huichang County of Jiangxi Province is located in a poverty-stricken area. The county has 12,000 disabled people, most of whom living in rural areas with inconvenient communications and a backward economy. Proceeding from actual local conditions, the Huichang County People's Court has established a mobile court protecting the legal rights and interests of the disabled. The court publicizes related legal stipulations and provides convenient lawsuit conditions and non-lawsuit legal services for the handicapped.

Li Jian is a blind farmer in Zhoutian Township. His adopted son refused to support him. As the old man's livelihood was not guaranteed,he brought a suit against his son in the mobile court. The judge educated and convinced the defendant, who finally came to realize his mistake, and an agreement was reached under which the son was obligated to support the father.

Over the past few years, the mobile court has tried 31 cases involving the disabled and provided 67 non-lawsuit cases.

Lawyers Office in Gansu

Many coal pits have emerged in recent years in the Jingyuan coal production base in northwest China's Gansu Province. Some coal-pit proprietors neglected safety measures in production and operation and disregarded laws, so that serious accidents occurred one after another. The Baiyin City Lawyers Office of Gansu Province provided legal service for the injured, demanding compensation for them.

Gao Qianqin, a farmer in Shimen City was injured and became paraplegic while working at a coal pit. The employer only took responsibility for the medical fees during his hospitalization, but refused compensation. When Baiyin City Lawyers Office learned of this, it instituted legal proceedings. When Gao finally received compensation, he was so moved that tears ran down his cheeks.

The introduction of a legal-aid system for the disabled is still in the initial stage in China. Due to economic difficulties, physical defects and low educational level, the 60 million disabled people in China are often landed in a disadvantageous position in claims for the injuries that rendered them disabled, or in divorce suits and other civil procedures.Institution of the legal-aid system will help safeguard the legal rights and interests of the disabled.

(Beijing Review p.17 No. 24, 1997)


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