The Civil Law Construction Of Right Of Accessibility Environment

Since World War ?,people with disabilities have been brought back to the society and the concept of social normal treatment of the handicapped has spread from the Nordic countries to the world.This concept advocates that certain measures should be taken to accommodate the handicapped and the sound people to live in equality.The most important of these measures is to meet the special requirements of the disabled for the physical environment in the design of buildings and at the same time eliminate the negative obstacles in the existing living environment to provide a barrier-free living environment for the handicapped.In the 2006 Convention on the Rights of Persons with Disabilities,accessibility is taken as a basic principle of the Convention and detailed provision is made in Article ?.After China signed the "Convention",in 2008 the "Law on the Protection of Persons with Disabilities" was amended,with a special chapter provides a barrier-free environment.In 2012,the State Council promulgated the "Regulations on the Construction of Accessible Environment" and made more detailed provisions on the accessibility environment.However,the Convention on the Rights of Persons with Disabilities falls into the category of international law and can not be directly applied in domestic law.Both the Law on the Protection of Disabled Persons and the Regulations on Accessibility Construction fall under the category of administrative law.Its provisions on accessibility are mainly regulated the administrative and legal relations between the relevant management department and the owner and administrator of the accessible facilities,and do not give any rights to the disabled and other civil subjects with the requirements of accessibility.At the academic level,most scholars consider that they belong to the category of human rights or constitutional rights when they talk about the right to environmental accessibility.However,this model of administrative law cannot evade the continuous reality of civil litigation on accessibility.Moreover,accessibility is an indispensable material condition for the handicapped and other people with special needs.It is a necessary factor for their integration into the society and for their normal life.There is no doubt that the users' access to accessible environment is lawful.In other words,the existence of a barrier-free environment is a benefit of the user and based on the importance of a barrier-free environment for the user,such benefit should be protected by law.This paper argues that the right to environmental accessibility should be defined as a civil right of the relevant interest groups.Specifically,it should be a right of personality.Only when it is a civil right can we effectively protect the rights of the parties and at the same time promote the social Barrier-free awareness.At the same time,this is also the application and development of the theory of civil law.This article begins with the historical development of barrier-free environment and the status quo of legislation.By using the method of legal thinking,this article argues from the necessity and possibility of establishing environmental rights as non-barrier environmental rights.It considers that the right to environmental protection is not only a constitutional right but also Civil rights,both of which are accessible and differentiated.The right to environmental protection as a civil right is a right of personality that includes the right to physical accessibility,the right to information and communication,and the right to service.The act of violating the barrier-free environment right shall be protected according to the provisions of the act of tort.This article is divided into three parts on the issue of research and analysis:The first part is about the basic concept of the accessibility environment and the status quo of legislation.Through the introduction of the historical development and basic concepts of accessibility environment,as well as the combing of the relevant domestic and international legislation,and by comparing the legislation in our country with the relevant legislation in the United States,it is pointed out that our legislation on the accessibility environment is purely administrative Norms,does not involve the issue of the right of the private subject,it is very difficult for the civil subject to assert his rights according to these administrative regulations.The second part should establish the civil rights of accessibility.Based on the criticism of the current legislation in the previous part,this article analyzes the necessity of establishing the civil rights of the accessibility environment:firstly,there are many drawbacks in the existing mode of the administrative law;secondly,establishing the civil rights of the accessibility environment can avoid the constitution in judicial practice Judicial controversy.At the same time,it also reflects the humane care of civil law and helps to protect human dignity.After that,through the analysis of the relationship between human rights,constitutional rights and civil rights,the article has studied the feasibility of establishing civil rights in accessibility environment.In addition to be a kind of human rights,a kind of constitutional rights and a kind of civil rights,it is considered that the right to environmental accessibility is not incompatible with each other and cannot be matched by one another.At the end of the second part,the article points out the path to the protection of the private law of accessibility environmental rights,that is,it is a kind of specific right of personality.The third part is the concrete construction of the right of accessibility environment in private law.It is pointed out that the right subject of the private law on the right of accessibility environment is a natural person,the obligatory subjects are divided into two categories,one is the owner or administrator of the barrier-free facilities and the other is other civil subjects;As a kind of right of personality,the right's object is the personality benefit of the barrier-free environment enjoyed by the subject.The contents of the right to environmental protection include three parts:the right to physical accessibility,the right to information and communication,and the right to accessibility services.The inadequacy of the relevant provisions of the Copyright Law on the access to works in accessible format is analyzed,put forward legislative proposals.After that,the article analyzes the constitutional elements and the ways to bear the responsibility for the infringement of the rights of accessibility.At the end of the article,it is considered inappropriate to stipulate the special civil rights such as the right to environmental protection in the Civil Code.It is proposed to enact the "Law on the Construction and Protection of Accessibility Environment" and set forth the non-barrier civil rights in its special section.