The Supreme People's Court Announces 10 Typical Cases of Protecting the Rights and Interests of Persons with Disabilities

1. Lin raped Feng, a mentally disabled person

1、 Typical significance: severely punishing criminal acts of sexual assault on disabled women, and safeguarding the personal rights and interests of individuals with disabilities

The personal rights and interests, especially sexual rights, of women with intellectual disabilities are vulnerable to criminal infringement and require special protection. In this case, Lin was sentenced to a heavy sentence for committing the crime of raping a young girl. After serving his sentence, he was released without remorse. Despite knowing that the victim Feng had an intellectual disability, he pretended to be the Deputy Director of the Civil Affairs Bureau and deceived Feng's father from his home under the pretext of caring and helping, causing Feng to leave custody. He then took Feng back to his own home and committed adultery, and was illegally detained for more than ten days. The circumstances were serious and the impact was severe. The court sentenced him to life imprisonment in accordance with the law, We have effectively protected the personal rights and interests of disabled victims and achieved good legal and social effects.

2、 Basic facts of the case

The defendant, Lin, was sentenced to thirteen years in prison in 2000 for committing rape of a young girl and was released in July 2010. On the morning of January 24, 2012, the defendant Lin pretended to be the Deputy Director of the Civil Affairs Bureau of Shaoguan City, Guangdong Province, and entered Feng's home in a village in a certain county, Guangdong Province under the pretext of investigating subsistence allowance income. He pretended to go to the town to get money and deceive Feng's father into going out. Later, Lin abandoned Feng's father and returned to Feng's home alone. He took Feng (with mild mental retardation and assessed as having limited self-defense ability) home and repeatedly raped him. It was not until February 4th of the same year that the public security organs went to Lin's home to rescue him. In addition, Lin also raped three other women. After trial, the first instance court found that the defendant Lin's behavior constituted the crime of rape and was a recidivist. Therefore, he was sentenced to life imprisonment and deprived of political rights for life. After the verdict was pronounced, Lin was dissatisfied and appealed, and the second instance court upheld the original verdict.

(The reporting unit of this case is the Intermediate People's Court of Shaoguan City, Guangdong Province)

3、 Legal Guidelines

Criminal Law of the People's Republic of China

Article 236 Whoever rapes a woman through violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever rapes a woman or has sexual intercourse with multiple young girls shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.

2. Divorce case between Zeng and Zhang

1、 Typical Significance: Effectively Safeguarding the Marriage Rights of Persons with Disabilities in accordance with the Law

Maintaining the marriage rights of disabled persons is an important aspect of safeguarding their rights and interests. The decision to divorce a disabled person will have a significant impact on their future life. People's courts should strictly follow legal regulations and be more cautious in determining whether the marriage relationship between a disabled person and their spouse has broken down. In this case, Zeng was a mentally disabled person, and his father sued for divorce in the name of his legal representative. In the absence of sufficient evidence to prove that the marital relationship had indeed broken down and Zhang clearly expressed his willingness to live with Zeng, the people's court made a judgment prohibiting divorce in accordance with the law, taking into account the best interests of the disabled.

2、 Basic facts of the case

Zeng, a disabled person with a second level intellectual disability, registered for marriage with Zhang in July 2013. After Zeng became pregnant, his father was concerned about genetic risks and requested that Zeng miscarry without the consent of Zeng and Zhang, as well as issues with the distribution of benefits from house demolition. This led to a growing conflict between Zeng and Zhang and their father. The latter then filed a divorce lawsuit with the people's court as Zeng's legal representative. On the basis of listening to the opinions of all parties and relevant witnesses, visiting the community neighborhood committee, marriage registration management office, and family planning committee to understand the relevant situation, the people's court determined that although Zeng had intellectual disabilities, they had a harmonious marital relationship with Zhang during their shared life after marriage, with no signs of emotional breakdown. In consideration of respecting and protecting the rights and interests of individuals without civil capacity, the court lawfully rejected the divorce lawsuit filed by Zeng's father.

(Reporting unit of this case: Shanghai Second Intermediate People's Court)

3、 Legal Guidelines

Marriage Law of the People's Republic of China

Article 5: Marriage must be entirely voluntary between the man and the woman, and neither party shall compel the other party or interfere with any third party.

Article 32: If either party requests divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.

The people's court shall conduct mediation in handling divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

Divorce shall be granted if mediation is ineffective under any of the following circumstances:

（1） Bigamy or cohabitation with a spouse;

（2） Engaging in domestic violence, maltreatment, or abandonment of family members;

（3） Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;

（4） Separated due to emotional discord for at least two years;

（5） Other situations that lead to marital breakdown.

If one party is declared missing and the other party files a divorce lawsuit, divorce shall be granted.

3. Dispute over Personal Injury Compensation between A and Nanchang Service Co., Ltd

1、 Typical significance: timely relief of the personal rights and interests of disabled individuals from ethnic minorities in accordance with the law

Disability caused by accidents often leads to the consequences of poverty for victims, and in this case, timely relief for personal injury to all victims is particularly important. In this case, Mr. A was severely disabled and faced difficulties in life due to a traffic accident. Based on the actual situation of the case, the people's court persisted in active justice and tirelessly traveled over two thousand miles to mediate, facilitating the defendant to compensate on the spot and promptly relieving the victims' losses. This has indeed done a good deed for ethnic minority disabled migrant workers, causing strong reactions among the local people and achieving good legal and social effects.

2、 Basic facts of the case

The plaintiff, A, suffered serious injuries to the lumbar spine and complete paralysis of both lower limbs due to a traffic accident while riding on a bus belonging to the defendant, Nanchang Service Co., Ltd. in Jiangxi Province. The case was identified as a secondary disability by judicial assessment. During the trial of the case, the people's court learned that Ah Mou was facing economic difficulties and was located in Mabian Yi Autonomous County, Sichuan Province. Ah Mou's family was unable to attend a court session in Jiangxi. They actively communicated with the defendant and traveled overnight to Ah Mou's residence to hold a court session, facilitating mediation between both parties. The defendant paid Ah Mou 280000 yuan in compensation on the spot.

(Reporting unit of this case: People's Court of Huichang County, Jiangxi Province)

3、 Legal Guidelines

Tort Liability Law of the People's Republic of China

Article 16: Anyone who causes personal injury to others shall compensate for reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, as well as reduced income due to work delay. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, compensation for funeral expenses and death compensation shall also be made.

Civil Procedure Law of the People's Republic of China

Article 93 When trying civil cases, the people's court shall, based on the principle of voluntary participation of the parties, distinguish right from wrong and conduct mediation on the basis of clear facts.

Article 94: Mediation conducted by the people's court may be presided over by a single judge or by a collegial panel, and shall be conducted on the spot as much as possible.

The people's court may use a simple method to notify the parties and witnesses to appear in court for mediation.

4. Labor dispute case between Kong and a property management company in Beijing

1、 Typical significance: Effectively ensuring the right of disabled people to work in accordance with the law

Article 30 of the Law of the People's Republic of China on the Protection of Persons with Disabilities stipulates that the state guarantees the right of persons with disabilities to work. Article 38 stipulates that discrimination against disabled persons shall not be allowed in the recruitment, regularization, promotion, professional title evaluation, labor remuneration, living benefits, rest and vacation, social insurance, and other aspects of employees. The disabled group should be supported in their self-improvement, self-reliance, and participation in labor that is suitable for their own abilities. The judgment in this case indicates that judicial trials must effectively safeguard the right of disabled people to work in accordance with the law, enabling them to create a happy life through their own labor, and effectively safeguard the legitimate rights and interests of disabled people.

2、 Basic facts of the case

Kong is a first-level intellectual disabled person. In December 2011, Kong signed a labor contract with a property management company in Beijing, with a term of 2 years and ending on November 30, 2013. In July 2013, Kong personally signed a resignation application without understanding the nature of the signed document. Kong filed a lawsuit in the People's Court demanding that a property management company in Beijing pay economic compensation for the termination of the labor contract. The People's Court believes that due to Kong's lack of judgment and understanding of behaviors involving personal significant interests such as signing labor contracts or signing resignation applications, and the inability to foresee the consequences of his actions, major civil actions should be represented by his legal representative or with the consent of his legal representative. Kong's agent does not recognize Kong's signing of the resignation application. Kong's signing of the resignation application shall be deemed invalid, and the labor contract between both parties shall continue to be performed until the contract term terminates. A property management company in Beijing shall pay economic compensation for the termination of the labor contract to Kong in accordance with the Labor Contract Law.

(Reporting unit of this case: Beijing Second Intermediate People's Court)

3、 Legal Guidelines

Law of the People's Republic of China on the Protection of Disabled Persons

Article 30: The state guarantees the right of disabled persons to work.

Article 38: Discrimination against disabled persons shall not be allowed in the recruitment, regularization, promotion, professional title evaluation, labor remuneration, living benefits, rest and vacation, social insurance, and other aspects of employees.

Labor Contract Law of the People's Republic of China

Article 46: In any of the following circumstances, the employer shall pay economic compensation to the employee:

（1） The worker terminates the labor contract in accordance with Article 38 of this Law;

（2） The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of this Law and negotiates with the employee to terminate the labor contract;

（3） The employer terminates the labor contract in accordance with Article 40 of this Law;

（4） The employer terminates the labor contract in accordance with the first paragraph of Article 41 of this Law;

（5） Termination of a fixed term labor contract in accordance with Article 44 (1) of this Law, except in cases where the employer maintains or improves the conditions stipulated in the labor contract to renew the contract, and the employee does not agree to the renewal;

（6） Terminating a labor contract in accordance with the provisions of Article 44 (4) and (5) of this Law;

（7） Other situations stipulated by laws and administrative regulations.

5. Case of Wills Inheritance Dispute between Chen, Chen Xiang, and Chen Ying

1、 Typical significance: Effectively safeguarding the inheritance rights of people with disabilities in accordance with the law

The inheritance rights of disabled persons shall not be infringed upon in accordance with the law. In this case, although Chen has a serious physical disability, as a married daughter, her parents did not adhere to the local folk tradition of only passing on property to men and not to women when disposing of the estate. They explicitly inherited some of the property in the form of a will from Chen, who has a physical disability. The people's court confirmed the validity of the will in accordance with the law through a judgment, effectively protecting Chen's right to inherit property, and providing a solid material guarantee for Chen's future life needs.

2、 Basic facts of the case

Chen is a disabled person with paralysis of both lower limbs. Due to his sister-in-law Chen Mouying's intention to occupy the property left by Chen's parents' will to Chen and his brother Chen Mouxiang, Chen Mouxiang and Chen Mouxiang filed a lawsuit with the people's court, requesting confirmation that the first floor of a certain building belongs to Chen Mouxiang; The judgment confirms that the eastern side of the second to sixth floors of a certain building belongs to Chen Mouxiang for possession and use. On the basis of confirming the validity of the will in accordance with the law, the people's court, based on the fact that the property involved in the case has not yet obtained the property ownership certificate issued by the housing management department, determines that the ownership and use rights of the property involved in the case shall be inherited by Chen and Chen according to the content of the will.

(Reporting unit of this case: Haikou Intermediate People's Court, Hainan Province)

3、 Legal Guidelines

Inheritance Law of the People's Republic of China

Article 5: After the commencement of inheritance, it shall be handled in accordance with legal inheritance; If there is a will, it shall be handled according to testamentary inheritance or legacy; If there is a legacy maintenance agreement, it shall be handled in accordance with the agreement.

Article 16: Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may designate a testamentary executor.

Citizens can designate their personal property to be inherited by one or more legal heirs by making a will.

Citizens can make a will to donate their personal property to individuals other than the state, collective, or legal heirs.

6. Case of Li Moumou and Li Mouyu Excluding Obstruction Dispute

1、 Typical significance: Effectively ensuring the residency rights of people with disabilities in accordance with the law

How to implement the guiding principles and requirements for the protection of the rights and interests of persons with disabilities in the Disability Protection Law is a key issue that needs to be paid attention to in the trial practice of protecting the rights and interests of persons with disabilities. In the specific judicial practice of effectively protecting the rights and interests of people with disabilities, supporting their cause, and enhancing their self-reliance, effectively increasing the protection of their residential rights in accordance with the law is a fundamental solution to the work and life problems of people with disabilities, and also a specific measure to implement the protection of their rights and interests.

2、 Basic facts of the case

The case involves the plaintiff Li and Lin residing in the house, as well as the defendant Li and her husband. Li and Lin are remarried couples, and Li Mouyu is the daughter of Li and his ex-wife. The defendant Li Mouyu and her husband are both deaf and mute. Li's ex-wife Tian passed away on September 16, 2004. After the inheritance ended, the property in question belonged to Li. Li and her husband, with the consent of Li and his ex-wife Tian, invested their own funds to build a platform inside the house in question and have been residing on the litigation platform since 1999. The second plaintiff, Li and Lin, filed a lawsuit demanding that Li and her husband move out of the housing platform involved in the case. The People's Court believes that the plaintiff Li, as the father of the defendant Li Mouyu, has a legal obligation to care for and assist the defendant Li Mouyu. His request for the defendant to move out of the house involved in the case violates social morality and public order and good customs, as well as the humanitarian spirit stipulated by law and the obligation to help relatives. Therefore, Li's lawsuit request should be rejected in accordance with the law. The plaintiff Lin is not the owner of the property involved in the case, and he has no right to request the defendant to move away from the litigation platform. His litigation request should also be rejected in accordance with the law. Based on this, the court ruled to dismiss the litigation requests of the plaintiffs Li and Lin.

(Reporting unit of this case: People's Court of Longkou City, Shandong Province)

3、 Legal Guidelines

Law of the People's Republic of China on the Protection of Disabled Persons

Article 7, Paragraph 1: The whole society shall promote the spirit of humanitarianism, understand, respect, care for, and assist disabled persons, and support the cause of disabled persons.

Article 9, Paragraph 3: Relatives and guardians of disabled persons shall encourage and assist disabled persons in enhancing their self-reliance.

7. Du v. Zhang and He for Property Damage Compensation

1、 Typical significance: Effectively ensuring the production and operation rights of disabled people in accordance with the law

Allowing people with disabilities to participate equally in social life and share the achievements of reform and development is an important indicator for specifically testing and supporting the development of the cause of people with disabilities. The plaintiff in this case, Du, is a person with complete blindness in both eyes. As a civil subject, he leases a storefront to operate blind massage, which is a positive reflection of the equal participation of disabled people in social life. His legitimate business rights should be protected by law. And in this case, the lessor's breach of contract infringes on the normal production and operation of disabled people, and should bear corresponding responsibilities. The plaintiff in this case, as a disabled person, is in a clearly disadvantaged position in protecting their rights and interests in accordance with the law due to their physical disability, weak legal knowledge, and limited economic conditions. In response to this case, the court's trial work is based on protecting the production and business rights of people with disabilities, increasing the mediation efforts of the case, and ultimately closing the case through mediation, enabling people with disabilities to participate equally in social life and share the achievements of reform and development.

2、 Basic facts of the case

The plaintiff, Du Moumou, is a person with complete blindness in both eyes. He rented a storefront of a certain company to operate blind massage. During the business process of Du, Yimou Company did not fulfill its obligation to rent and repair facilities, and its employees damaged Du's operating facilities, hindering Du's external operations, resulting in Du's inability to carry out normal operations. Therefore, plaintiff Du filed a lawsuit in court, demanding that Zhang and He restore their store facilities and compensate for the corresponding losses. During the trial of this case, the court found that the plaintiff Du, as a disabled person, has weak legal awareness and cannot provide relevant evidence, and the defendant he sued is not qualified. In order to effectively protect the legitimate business rights and interests of vulnerable groups of people with disabilities in accordance with the law, and reduce the litigation burden on people with disabilities, the people's court increased the coordination efforts of the case, and ultimately facilitated the plaintiff Du to sign a mediation agreement with the outsider One Company, effectively protecting the legitimate business rights and interests of the plaintiff Du. The plaintiff Du also withdrew the lawsuit against the defendants Zhang and He.

(Reporting unit of this case: Qianjiang District People's Court of Chongqing)

3、 Legal Guidelines

Law of the People's Republic of China on the Protection of Disabled Persons

Article 7, Paragraph 1: The whole society shall promote the spirit of humanitarianism, understand, respect, care for, and assist disabled persons, and support the cause of disabled persons.

Tort Liability Law of the People's Republic of China

Article 2: Anyone who infringes on civil rights and interests shall bear the liability for infringement in accordance with this Law.

The civil rights referred to in this Law include the rights to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary rights, security rights, copyrights, patents, trademark exclusive rights, discovery rights, equity, inheritance rights, and other personal and property rights.

8. Dispute case between Wang A and Wang B in fulfilling the mediation agreement

1、 Typical significance: Effectively safeguarding the property rights of disabled persons in accordance with the law

Ensuring the property safety of people with disabilities and ensuring that their property interests are not harmed is crucial for their survival status and quality of life. How to safeguard the property rights of intellectual disabilities is a difficult problem in society. Most intellectual disabled persons lack the corresponding civil capacity, and often lack sufficient understanding and cognitive abilities for major changes in personal property. The law stipulates that guardians of disabled persons should fulfill their guardianship duties to protect their property rights and interests. And the guardians of disabled people are often relatives of disabled people. If the guardians fail to fulfill their guardianship duties, infringe on the legitimate rights and interests of the ward, and privately dispose of the property of disabled people, it is not easy to judge from the property transaction behavior itself. The court does not support the practice of guardians infringing on the property rights of disabled persons as guardians, in order to protect their property rights.

2、 Basic facts of the case

A mediation agreement was signed between the two guardians of disabled person Wang Moumou (an outsider), Wang Moujia and Wang Mouyi, for personal gain, agreeing to sell the personal property owned by the disabled person and transfer the proceeds to the two guardians. The people's court believes that the two guardians' unauthorized signing of a mediation agreement to dispose of the property of the ward Wang (a disabled person) and embezzle the housing funds violates the guardianship duties of their relatives, and is also an infringement of the property rights of the disabled. According to legal regulations, the property of the ward shall not be disposed of except for the benefit of the ward. Therefore, the people's court rejected the lawsuit request of guardian Wang Moujia to fulfill the mediation agreement and share the sale price of the disabled Wang Moujia's house. After the judgment, both parties accepted the verdict and obtained good social effects.

(Reporting unit of this case: Tongzhou District People's Court of Beijing)

3、 Legal Guidelines

General Principles of the Civil Law of the People's Republic of China

Article 18, Paragraph 1: A guardian shall fulfill their guardianship duties, protect the person, property, and other legitimate rights and interests of the ward, and shall not dispose of the ward's property except for the benefit of the ward.

9. Case of Han's Refusal to Execute Judgments and Rulings

1、 Typical significance: severely punish the refusal to execute judgments that harm the rights and interests of people with disabilities, and safeguard the legitimate property rights and interests of people with disabilities

Strengthening the protection of the legitimate rights and interests of disabled persons should be reflected in various aspects such as trial and execution by the people's courts. In the process of implementing civil and commercial judgments, those who refuse to comply with the effective judgments of the people's court and seriously damage the legitimate property rights and interests of disabled persons must be resolutely punished in accordance with the law. The applicant in this case, Mo, has a secondary disability and has lost the ability to work. His family life is extremely difficult and he has no money to continue treatment, so he has petitioned multiple times. The defendant, Han, has the ability to execute but refuses to do so. The circumstances are serious and the social impact is adverse. The people's court firmly convicted and punished Han in accordance with the law, and sentenced him to actual punishment. This not only cracked down on the arrogance of the "old rascal" and effectively safeguarded the legitimate rights and interests of disabled people, but also played a demonstration and promoting role in improving the current enforcement environment and alleviating enforcement difficulties.

2、 Basic facts of the case

In October 2008, Mo fell while working at the gangue mine of defendant Han, and was identified as a secondary disability. In September 2009, Mo filed a lawsuit against Han in the People's Court. In September 2010, the People's Court made a final judgment that Han compensated Mo for medical expenses, work delay expenses, and other expenses totaling over 582000 yuan.

After the judgment came into effect, Han did not voluntarily fulfill it, and Mo applied to the people's court for compulsory execution. In August 2012, Mo and Han voluntarily reached a settlement agreement, agreeing that Han would pay Mo 200000 yuan in four installments within two years, and Mo would give up the remaining principal and all interest. At the end of November 2012, after Han paid Mo 100000 yuan as agreed, he no longer fulfilled the agreement. In December 2014, Mo applied to the People's Court to resume execution and requested Han to fulfill the original People's Court judgment. After investigation, the court found that Han withdrew a total of 70000 yuan from the bank from July 2013 to December 2014, but none of it was used to compensate Mo. Instead, it was used for air travel and other high expenses.

The People's Court believes that the defendant Han used his income for other consumption and refused to fulfill the settlement agreement, resulting in the applicant not receiving compensation. The circumstances are serious, and his behavior has constituted the crime of refusing to execute the judgment. In September 2015, the defendant Han was sentenced to one year and six months in prison for refusing to execute the sentence. After the verdict was pronounced, the defendant Han did not appeal, and the verdict has become legally effective.

(Reporting unit of this case: People's Court of Zhongzhan District, Jiaozuo City, Henan Province)

3、 Legal Guidelines

Criminal Law of the People's Republic of China

Article 313: If a person has the ability to execute a judgment or ruling of a people's court but refuses to do so, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

10. Dispute over Compensation for Personal Injury between Cao and a Grain Management Institute, Huang and Others

1、 Typical significance: Adhere to continuous execution and vigorously maintain the enforcement power of effective judgments involving disabled persons

The timely and comprehensive implementation of effective judgments involving parties with disabilities, the timely receipt of execution funds determined by the judgments, and the subsequent treatment and daily care of parties with disabilities are related to their ability to live with dignity. In this case, for the past fifteen years, the People's Court has adhered to the work principle of serving the people with justice, insisting on timely and timely implementation of various compensation payments and subsequent medical expenses for disabled parties, without interruption. With a continuous and comprehensive implementation that lasts for fifteen years, it has solved the concerns of disabled parties.

2、 Brief case

In 2000, Cao was injured in an accident while demolishing a residential building commissioned by a grain management agency, resulting in high paraplegia. Due to the fault of a certain grain management institute, Huang, and Fan in the accident, the court ruled that the three defendants should bear joint liability. After 2004, the three defendants paid follow-up treatment fees to the plaintiff Cao every two years until his death. In 2007 and 2014, Cao filed two lawsuits with the court claiming subsequent medical expenses, both of which were supported by the court. After the restructuring of a certain grain management office, the people's court also legally changed the restructuring of a certain grain purchase and sales headquarters to bear compensation responsibility for the person subjected to enforcement. For 15 years, the people's court has never interrupted the execution of Cao's case, and all executions have been carried out in place, sending the execution funds to Cao's home.

(Reported by the People's Court of Binhai County, Jiangsu Province)

3、 Legal Guidelines

Tort Liability Law of the People's Republic of China

Article 6, Paragraph 1: If the perpetrator infringes on the civil rights and interests of others due to fault, they shall bear the liability for infringement.

Article 15: The main ways to bear liability for infringement include:

（1） Stop infringement;

（2） Remove obstacles;

（3） Eliminate hazards;

（4） Return of property;

（5） Restore to its original state;

（6） Compensation for losses;

（7） Apologize as a gift;

（8） Eliminate impact and restore reputation.

The above methods of assuming tort liability can be applied separately or in combination.

Article 16: Anyone who causes personal injury to others shall compensate for reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, as well as reduced income due to work delay. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, compensation for funeral expenses and death compensation shall also be made.