Research On Legislation Of Barrier-free Environmental Construction In China

Barrier-free environment includes the accessible physical environment,information and communication.The barrier-free environment can provides a basic condition for the disabled to walk out of their homes and participate in social life,and bring convenience to the elderly,women,children and other members of society.In fact,due to the blurred line between the healthy and disable,anyone may be subject to temporary disability.Therefore,a better,inclusive and accessible environment is conducive to people with disabilities and even all.In a long run,paying attention to and advancing the barrier-free environment are an important symbol of social progress and embody the care for vulnerable groups by China,of great significance to promote the city image of China and the international image and cultivate the moral consciousness of citizens.In the recent years,China has accelerated the construction of barrier-free environment.Various government departments have set the goal of building barrier-free environment,established and perfected the relevant standards,established and improved the working mechanism and system,and achieved remarkable achievements in the construction of barrier-free environment.In terms of the legislation,the newly amended Law of the People's Republic of China on the Protection of Disabled Persons in 2008 includes a chapter about barrier-free environment.In 2009,the Ministry of Construction led the revision of Codes for Design on Accessibility of Urban Roads and Buildings,and upgraded it to the Codes for Accessibility Design(GB50763-2012)with national standards.In 2012,the Regulations on Accessible Environment Construction,the first special standard about the construction of barrier-free environment at the administrative law level of China were enacted.The regulations can highlight the importance attached to the barrier-free construction.However,there are still many problems arising in the legislation about barrier-free environment construction where many achievements have been made in China.The formulation and implementation of the law play an important role in promoting the construction of barrier-free environment,so it is necessary to study the problems about the legislation of barrier-free environment,to promote the booming development of the barrier-free environment in China.In the paper,the author expounds the legal definition of barrier-free environment construction,and determines the connotation and extension of barrier-free environment construction at the legal perspective in terms of the legal definition of barrier-free environment construction,related legal concepts and different types of people's need for barrier-free environment.Second,the author sorts out the development,current situation and problems of the legislation about barrier-free environment construction,and thinks that after more than 30 years of development,China has established the legal system about barrier-free environment construction where many problems should be set store by.The problems include such as the absence of upper-level,lag of lower-level laws,unclear legal liability,and lack of legislative review and assessment mechanism and so on.Third,the author introduces and learns the international legislative experience of building barrier-free environment,and offer reasonable and effective suggestions about perfecting the legislation of China's barrier-free environment construction by sorting out the development and present situation of the legislation about international barrier-free environment construction.Finally,there are legislative suggestions on improving the construction of barrier-free environment in China.The suggestions include the enactment of special law,the supplement of missing content,the enhancement of enactment and revision of lower-level law,the clarification of legal responsibility,the establishment and improvement of legislative review and assessment mechanism and the like.