| The report of the 19th National Congress of the Communist Party of China stressed: "strengthen the guarantee of human rights and the rule of law,and ensure that the people enjoy a wide range of rights and freedoms in accordance with the law." In the field of barrier-free environment,the legal protection of the rights of barrier-free environment has attracted attention and is based on the following background: First,the main social contradictions have changed.At present,the main social contradictions have evolved into those of unbalanced development and inadequate development,while those of the disabled,the elderly and other specific groups whose rights and interests are not fully protected are very prominent.Second,the structure of population scale has changed.The number of disabled people and the elderly is increasing.In addition,there are a large number of patients,women,children and other members of society.The demand for accessible environment is increasing day by day.Third,we will strengthen the rule of law for human rights.To strengthen the protection of human rights under the rule of law,the government must shoulder its responsibility to build a barrier-free environment and ensure the realization of the right to a barrier-free environment,and fulfill its main responsibility of serving the implementation of laws.Whether the rights of barrier-free environment constitute a right or not requires the right certification.Use right certificate into the legitimacy,rationality and possibility standard,found the creation of a barrier-free environment right of legitimacy,protection of the rights and interests of barrier-free environment has the rationality,the realization of the barrier-free environment right has the possibility,barrier-free environment rights and interests can get card theory,rise for a right,and more performance for one kind of rights of duty under administrative law,this also happens to respond to the rights of barrier-free environment can make a right.On this basis,analyze the factors of barrier-free environment rights,mainly discusses the subject,object and content of barrier-free environment right,try to set up barrier-free environment rights system,centered on rights main body shall enjoy the rights of the content,barrier-free environment right can be divided into physical environment to accessibility,the right to information communication barrier-free,service accessibility.Based on the Regulations on the Construction of Barrier-Free Environments,this paper,from the perspective of administrative law,takes the barrier-free environment right as the research object,and mainly discusses the theoretical construction and realization path of barrier-free environment right.In terms of legislation,we will formulate the basic law for building a barrier-free environment,improve supporting implementation regulations,local regulations and rules,and clearly establish the right to a barrier-free environment.In terms of the performance of obligations,administrative subjects should be standardized to effectively perform their obligations of respect,protection and payment,and strengthen supervision over the performance of their obligations.In terms of relief,the disability’s application for reconsideration shall be clearly defined,and the case shall be included in the scope of accepting cases in administrative litigation,so as to establish a barrier-free environmental public interest litigation system.In terms of concept cultivation,the government enhances the awareness of barrier-free environment,the disabled establish the awareness of rights,and the public enhances the awareness of barrier-free environment. |
