Local rules to be reviewed to help disabled

China's top legislature has urged changes to local regulations that require people with disabilities to hold a permanent household registration to purchase or register mobility scooters, citing the need to uphold the Constitution and ensure its implementation.

The Legislative Affairs Commission of the Standing Committee of the National People's Congress said in a report that it received requests earlier this year to review some local regulations that bar people with disabilities from registering motorized wheelchairs without a local hukou, or permanent household registration.

Shen Chunyao, head of the commission, said during an ongoing session of the NPC Standing Committee that motorized scooters are essential to the daily lives of residents with disabilities. Reviews found that hukou-based restrictions result in unequal treatment and create "unreasonable barriers" for this group, he said.

Yan Dongfeng, an official responsible for reviewing normative documents at the commission, said people with disabilities have a more urgent need for mobility scooters than ordinary residents who use motor vehicles or nonmotorized vehicles.

"Restricting access to motorized wheelchairs based on household registration status imposes undue hardship on the daily lives and mobility of disabled individuals, which contradicts the Constitution and the law on the protection of persons with disabilities," Yan said.

He said the Constitution requires the State and society to assist people with disabilities in employment, livelihood and education, while national law guarantees their right to equal participation in social life and protection of personal dignity.

Yan said the commission urged local authorities to amend the restrictive regulations and that revisions are underway. He said the review was triggered by an application from a person who argued that a local regulation prohibited people with disabilities from buying mobility scooters unless they held a local hukou.

After careful examination, the commission found legal problems with the restriction and moved to correct it, Yan said.

Recording and reviewing normative documents, including administrative rules, local regulations and judicial interpretations, is a constitutional duty of the NPC Standing Committee to ensure consistency with the Constitution and national laws, the commission said.

Yan emphasized the role of constitutional review, saying the commission always considers constitutional issues first when it receives a review application. Regulating public power and protecting individual rights are its priorities, he said.

He also cited another case handled this year involving a local regulation that required a clean criminal record for applicants seeking local hukou status after obtaining a residence permit. While some limits on people with criminal records may be allowed, such restrictions must be "necessary, well-defined and proportionate", Yan said.

"Overly broad or arbitrary limits are unreasonable and inconsistent with the constitutional principle of equality before the law," he said, adding that the discriminatory provisions have since been revised.

Shen said the commission will continue to strengthen constitutional review and will also focus on examining regulations related to residential property management, an area that has seen frequent disputes.

"Everyone lives in a residential community and deals with property management companies. We all want our garbage collected and services maintained," Yan said. He called for a specialized legal framework for the sector to better address emerging issues, protect residents' rights and resolve disputes.

caoyin@chinadaily.com.cn