The Analysis of the Expression for the Rights of the People With the Disabilities

Chang Xiaoming

摘要：建立和完善殘疾人权利表达机制的目的是让残疾人有一个合法的表达渠道，这也是社会公正的要求。这不仅要从社会结构和制度层面保障社会公正，而且要建立一个社会各阶层成员进行平等对话的顺畅机制。我们首先需要了解成员需求，才能根据具体需求协调社会资源的配置以满足社会日益增长的残障群体发展的利益需求。

关键词：残疾人;利益表达;机制;路径

Abstract： The purpose of establishing and improving the rights expression mechanism of the people with the disabilities is to allow the disabled to have a legitimate channel to voice， which is also a requirement of social justice. This not only needs to guarantee social justice from the social structure and institutional level， but also to establish a smooth mechanism for members of all levels of society to make an equal dialogue. We must first hear what the members of the community need， and then coordinate the allocation of social resources according to the specific needs .

Key words： Disabled persons; Approach; Expression for interest; Mechanism; approach

CLC number：D669.69          Document identification code： A

I Contemporary background of the expression for the interests of the disabled

The whole society is paying more and more attention to social construction， making efforts to protect and improve peoples livelihood. In order to actively promote social fairness and justice， the whole society is putting more emphasis on the interests of socially disadvantaged groups， and protecting the most vulnerable among the disadvantaged groups-the expression of the interests of the disabled rights， which is the embodiment of promoting social equity. From the perspective of social justice theory， the purpose of establishing and improving the interest expression mechanism of disabled groups is to allow disabled people with impaired interests to have a legitimate channel to express their voices， which is also a requirement of social justice.

This not only needs to guarantee social justice from the social structure and institutional level， but also to establish a smooth mechanism for members of all levels of society to have an equal dialogue.We must first hear what the members of the community need， and then coordinate the allocation of social resources according to the specific needs of the members.

Donald Dworkin's equality of resources theory attempts to be a deep concern for the disabled group，which appeals to more general ethical values. He pays attention to the equality and concern of the individual， and gives people with a disability that they cannot contribute to the production of social products a special criterion. People consider it as a special equality. The participation of citizens is one inevitable requirement of the development of democratic society. Thus， the participation of people with disabilities as social citizens in social governance is a necessary condition for good governance.

II Domestic related discussions

At present， there are few papers and works in China that specifically expound the expression of the interests of the disabled. Searching on the China Knowledge Network with the theme Expression of the Interest of the Disabled， a total of 21 documents were displayed， mostly focusing on the macro studies of politics. Among them， only 2 documents were closely related to the topic， and one was a master's thesis entitled the study of the expression mechanism for the interests of disabled groups （Zhang Lan， 2013）， and the other is a journal article entitled as the expression of non-institutionalized interests of the disabled （Xie Yuan， 2015）. It can be seen that the exact domestic literature on the expression of the interests of persons with disabilities is not abundant.

Considering that persons with disabilities are an important part of the disadvantaged groups， the interest expression issues will be placed together with other disadvantaged groups for research， so the topic word is set to “expression of interests of disadvantaged groups”. The amount of literature is as high as 219，928. It can be seen that the research on the expression of interests of disadvantaged groups has always been the focus of theoretical circles. The disciplines include politics， administration， sociology， communication， education， and law. Studies in recent years， such as “Action and Structure： A Logical Analysis of the Interest Expression of Vulnerable Groups” （He Haibo， Huang Hongfa， 2015）， "Research on the Interest Expression Mechanism of Vulnerable Groups in Contemporary China" （Feng Xiaoqing， 2015）， “ Studies on the mechanism of interest expression for the disadvantaged Groups in China during the Transition Period” "（Yang Dalu， 2014） and other literature carry out corresponding research on the issue of interest expression mechanism. Part of the research involves the issue of expression channels. This type of research occupies a large proportion of the overall papers;

In addition， studies such as “Combing and Perfecting the Interest Expression Channels of the Vulnerable Groups in China” （Shitian， 2013）， and “Exploring the Interest Expression Channels of the Vulnerable Groups in Public Policy Formulation” （Peng Yuanping， 2013） and other studies are specifically targeted at the channels of interest expression Issues. The proportion of this type of literature is not large， that is， the number of papers dedicated to the study of expression channels for interest of the disabled is not abundant.

These studies have professional depth and distinctive research characteristics， but most of them are analyzed from a macro perspective， which explain the interests of the entire disadvantaged group. This kind of overall research of the vulnerable group ignores the different characteristics and  interests of the disabled group， which will lead to the study itself emphasizing the universality of the theory， paying more attention to the common problems among different disadvantaged groups， rather than the further research on the characteristics of different groups， especially the difficulties faced by the disabled groups with its group characteristics. Many problems of its characteristic need to be solved urgently， and universal theoretical research or empirical research lacks pertinence and practical use in further solving the  problems of the disabled group.

As for the research on the disabled group， domestic scholars mainly focus on sociology and law from the perspective of monographs. While in practice， they focus on the research of specific content. From the perspective of research sociology， works have only been published in recent years， as“Focus on the Disadvantaged： A Study of the Disabled in the City” （Cai He，Zhou Lingang （2008）， which is based on the study of disabled people in cities， discussed the policies and benefits of disabled people in the city， such as employment， living assistance， medical security， social work， etc.， Based on this research， the characteristics of traditional Chinese social welfare were reflected， and the idea of actively building a family support system for the disabled is put forward as well as a community support system. Besides， a civil society support system was proposed in order to strengthen government supply.

“Social support and empowerment： from the perspective of the welfare of disabled people in cities” （Zhou Lingang， 2011）， using empirical research methods to investigate the social welfare status of disabled people in Guangzhou and Lanzhou. He puts forward a social support network theory and the stimulating omnipotence theory， which explores the problems existing in the development of social security for disabled people in the two cities. At the same time， he proposed the concept of social welfare in China， and make suggestions for the improvement of the social security system for the disabled in the two cities.

A comparative study of the social security models of disabled persons in the United Kingdom and the United States is given in the book “The Chinese Model for the Protection of Rights and Interests-A Study on the Protection of the Rights and Interests of the Disabled” （Xiang Zicheng， 2011）. Advanced social work experience of the two countries aims to provide reference for social security work and social service work for disabled people in China.

A related work on the social security system for the disabled in China is entitled as “The Social Security System for the Disabled in China” （Yang Lixiong， Lanhua， 2011）. The legal research on the related system of persons with disabilities includes Liu Cuixiaos “Comparative Study on the Protection of the Rights and Interests of Disabled Persons in Various Countries”. He mainly discusses the development process of social security systems for persons with disabilities and the principles of system establishment from a legal perspective. “Bureaucratic Justice： Taking the Handling of the Rights of Persons with Disabilities in Social Security as an Example” （[US] Jerry L. Ma Xiao， 2005） is a summary after investigating a large number of empirical cases， which mainly focused on the United States Research on the relevant rights and interests of persons with disabilities in social security laws. This has made great contributions to the establishment of a fair and efficient social security model for persons with disabilities.

In terms of dissertation and papers， there are many journal articles focusing on the disabled， mainly from the perspectives of sociology， law， politics and administration. In sociology， Specifically， one representative paper is titled as “ Problems on Social Welfare of the Disabled in China and the Path Choices for the Development” （Zhou Qingxing， Zhang Xinjin， 2008）， which dealt with the related specific areas in the social security unemployment of the disabled in China — For example， to discuss the existing problems in the life， employment， special education， social environment， etc. of the disabled， and propose the development path of the social security model for the disabled. Scholar Liu Zuyun and Mao Xiaopings “Comparison of the Sources of Social Support for Disabled Groups in Hong Kong and the Mainland” compares the social support systems of disabled groups in Hong Kong and that in the Mainland， which analyzes their characteristics and existing problems. It aims to help the disabled in the Mainland and provides a useful reference for China. The journals on law and politics as well as administration mainly include “Legal Analysis and Mechanism Construction for the Protection of the Rights of Persons with Disabilities”（Yang Sibin， 2011）， “From Humanitarianism to Civil Rights： The Historical Evolution of Political and Moral Concepts of Modern Social Welfare” （Qing Ning， 2004） and so on.

At present， there is no monograph in China that studies the expression of the interests of the disabled， and related journal articles mainly focus on the study of the principle of equality and political participation. Similar articles mainly include “Political Participation and Social Interactions of Disabled Persons in Rural Areas： Analysis of Questionnaire Survey of Thousands of Households in a Province in Central China” （Zheng Yiping， Wu Junmin， 2006）， and “Research on the Political Participation Rights of Disabled People” （Qin Yubin， 2008） “Disability， a corner where equality is missing”（Liu Ye， 2008）， “On the Political Participation of Disabled People” （Zhou Caizheng， Li Xiang， 2009）， “Rawlss Principle of Concern for the Interests of Vulnerable Groups” （Zou Haigui， Zeng Changqiu， 2010） and so on.

To sum up， the academic community mainly focuses on the research of the macro-disadvantaged groups interest expression mechanism， and the research on the social security and legal rights of the disabled. There are few research works and articles on the disability group's interest expression mechanism. Among the existing academic achievements， although political and administrative studies on disabled people are currently being discussed， the number research is relatively small. Moreover， due to the limitation of the research angle， research method and literature length， the degree of being systematic and the depth of research are still lacking. At present， domestic and foreign studies are mostly based on macro perspectives， and the entire disadvantaged group is used as the research object. Most of the issues discussed are universal issues covering the disabled， women， children， the elderly， farmers and migrant workers . The research subjects did not distinguish further， and there were few studies that specifically focused on the disability groups as the specific research subjects to discuss their expression of interests.

III. Analysis of the expression of the rights of the people with the disabilities

1.The value and significance of protecting the expression for the interests of the disabled

Protecting the expression of the interests of the disabled is， on the one hand， the need to maintain social stability. In the report of the 18th National Congress of 2012， the overall layout of the socialist cause with Chinese characteristics was transformed from four aspects as a whole ： socialist economic construction， political construction， cultural construction， and social construction into five aspects ： socialist economic construction， political construction， cultural construction， and social construction. And the construction of ecological civilization. It emphasizes the foundation and great function of socialist social construction on economic， political and cultural construction. Social construction focuses on protecting and improving people's livelihood， and make the results of reform and development more and more fair to all people， which is an important manifestation of promoting social fairness and justice. It is also more conducive to maintain social stability and promote social harmony. The current status quo in our country is that the interests of disabled people at the bottom of the society are seriously ignored and damaged， and the disabled people generally think that the social resources they receive and the contributions they make are seriously imbalanced.

Intervening in the dispute resolution and rights protection of vulnerable groups， especially the disabled， through legal means， highlights the increasing maturity and expansion of legal functions. Under the background of governing the country according to the law， through the legal means and functions， the expression of the interests of the disabled is standardized， integrated， and efficient， and the law is used as a powerful guarantee for the disadvantaged groups to protect their reasonable interests. This will ultimately benefit the unimpeded channels of expression of the interests of the disabled and the true realization of their discourse rights.

Due to various reasons， as a specific group of the disadvantaged group， the interests of the disabled group being damaged occur from time to time. The expression of the interests of some disabled people cannot be realized through smooth channels， which directly or indirectly damages the interests of the disabled group and makes the group members feel unfair， which will affect the realization of the goal of synchronized well-off and the construction of a harmonious society to varying degrees. At this stage， the government attaches great importance to social construction， strives to protect and improve people's livelihood， as well as emphasizes and actively promotes social equity and justice. The problem of poor expression of the interests of disabled people must be addressed and resolved. Maintaining the table of interests of disabled people is an important manifestation of promoting social equity. The research on the integration and optimization of the expression of the interests of the disabled provides advice for the realization of the discourse right of the disabled in the real society and the construction of a harmonious society.

While the expression of the interests of the disabled has been given full attention， the optimization of the channels for the expression of the interests of the disabled and the unblocking of the channels have been emphasized. This research complements the research perspective of discourse rights issues in related theories of the disabled.

2.Restrictions on the expression of the interests of persons with disabilities

The ways of expressing the interests of persons with disabilities can be divided into institutionalized ways and non-institutionalized ways according to the degree of their integration with the government and social systems. The problems of the expression of the interests of the disabled are mainly manifested in the lack of awareness and ability of the expression of the interests of the disabled. The government departments have responded improperly to the expression of the interests of the disabled. There are problems such as discrimination against the expression of the interests of persons with disabilities and the underdevelopment of organizations related to persons with disabilities. The channels for the expression of interests of the disabled group are scattered， especially the institutionalized channel and the non-institutionalized channel coexist， and the negative function of the non-institutionalized channel is likely to interfere and affect the expression of the groups interests. Therefore， it is necessary to start from the subject of interest expression， emphasizing the subjects rights awareness， expressive ability， and self-organization; from the government side， it includes concepts， laws， and systems; from a social perspective， it includes socially accessible environments， mass media， and society organization.

The way of expressing the interests of this vulnerable group of persons with disabilities is different from the previous macro research perspective of the entire vulnerable group. It emphasizes that， while building a society ruled by law， through the development opportunities of the rule of law and modernization of society， the expression of the interests of the disabled is standardized and efficient. By combining the characteristics of the disabled group and the specific difficulties faced in the process of interest expression， more attention is paid to the interaction between the disabled and society under the guidance of the rule of law. It is necessary to think about how to carry out research on the mechanism for the expression of the interests of persons with disabilities， that is， under the premise of facing the existence of different categories of channels for the expression of the interests of persons with disabilities， the specific operation mode of coordinating the relationship between various parts to better play the role of institutionalized expression. Through the design of the mechanism， especially the improvement of the legal mechanism， the channels for the expression of the interests of the disabled are integrated and optimized， and finally the disabled persons can smoothly and orderly express their interests in the institutionalized channels.

IV Basic advice to unlock the dilemma

It is imperative to clarify the main criteria for measuring interest expression channels. Based on this， it is emphasized that institutionalized expression channels should be diversified and modernized， making full use of network technology and new media platforms to form online and offline channels for the expression of the interests of the disabled; Grass-roots governments and relevant functional departments use multiple opportunities to publicize the institutionalized formal expression of interests， so that disabled persons can have a correct understanding of the expression of interests; create a scientific atmosphere of public opinion， and purify the Internet， if necessary Fully absorb a variety of online platforms， and jointly serve as a reasonable channel to reflect the interests of persons with disabilities. Various institutionalized channels of interest expression should abandon formal means， clean up and close some interest expression channels that have lost their practical functions in time， and put more energy on the establishment and operation of modern， scientific， and mainstream interest expression channels. In fact， we must improve the intensity and efficiency of problem solving， and make the disabled people more trust in these channels.

It is necessary to classify and describe the expression of the interests of the disabled. The ways of expressing the interests of persons with disabilities can be divided into institutionalized ways and non-institutionalized ways according to the degree of their integration with the government and social systems. Under this large classification， the functions of the main branches and different subjects in different channels should be optimized so that the expression of the interests of persons with disabilities can adequately and fully obtain the response of relevant authorities， grassroots governments and the media.

It is necessary to identify and compare the institutionalized and non-institutionalized ways of expressing the interests of persons with disabilities in the context of the development of modern society， especially under the concept of governing the country according to the law since the 16th CPC National Congress. . Study the mechanism for the expression of the interests of persons with disabilities， suppress the adverse effects of non-institutionalized interest expression channels， and take advantage of the institutionalized expression paths.

Through the study of the mechanism for the expression of the interests of persons with disabilities， the interests of non-institutionalized channels for the expression of interests must be shifted to more institutionalized channels of interest expression. And through the role of mechanism， improve the efficiency and practicability of institutionalized expression channels， and improve the construction of institutionalized expression channels. In this way， the advantages of institutionalized expression channels are fully stimulated， and a positive guiding function is formed.

We must fully study and discuss the integration and optimization of the expression of the interests of the disabled. Clarify the main criteria for measuring interest expression channels， and on this basis， emphasize that institutionalized expression channels should be diversified and modernized. Make full use of network technology and new media platforms to form smooth online and offline channels for the expression of the interests of the disabled; through the grass-roots government and relevant functional departments， take advantage of multiple opportunities to publicize the institutionalized formal channels of interest expression to enable the disabled The subject has a correct understanding of the channels of interest expression; creating a scientific atmosphere of public opinion and purifying the Internet atmosphere. When necessary， fully absorb a variety of online platforms， and jointly serve as a reasonable channel to reflect the interests of persons with disabilities. Various institutionalized channels of interest expression should abandon formal means， and timely clear and close some interest expression channels that have lost their actual functions. Put more energy on the establishment and operation of modern， scientific and mainstream channels for the expression of benefits， and effectively improve the intensity and efficiency of problem solving， so that disabled people can rely more on these paths.

（責任编辑：陈之曦）

References：

[1] Berghs M， Atkin K， Graham H， et al. Implications for public health research of models and theories of disability： a scoping study and evidence synthesis[J]. 2016， 4（8）.

[2] Group W B. World report on disability.[J]. Lancet， 2011， 377（9782）：1977.

[3] Durham J， Brolan C E， Mukandi B. The Convention on the Rights of Persons with Disabilities： a foundation for ethical disability and health research in developing countries[J]. American Journal of Public Health， 2014， 104（11）：2037-2043.

[4] Feldman M A， Owen F， Amy E. Andrews， et al. Randomized Control Trial of the 3Rs Health Knowledge Training Program for Persons with Intellectual Disabilities[J]. Journal of Applied Research in Intellectual Disabilities， 2016， 29（3）：278-288.