Chen Kegui is Chen Guangcheng's nephew. ? Chen guangcheng? In March 2002, the cover of Newsweek magazine published a China man wearing sunglasses and holding the Law of the People's Republic of China on the Protection of Disabled Persons. Because the photo was taken from an elevation angle, the young man looked tall and grim. He is the blind Chen Guangcheng who lives in shigu village, Shuanghou Town, yinan county. For the legitimate rights and interests of disabled friends like him, he has provided them with legal services for many years, and established the "Rural Law Library", so that more ordinary people in rural areas of China can enjoy the civil rights endowed by law. He is not a lawyer, nor has he studied law specially. He is just an ordinary farmer with higher education, but he is determined to "take law as his profession" and is praised as a "village lawyer" by many media including Newsweek. ? On June 5438+February, 2003 10, according to the Beijing Times, the case of Chen Guangcheng, a blind man from Shandong, v. Beijing Metro Operation Company was heard in Xicheng District Court. When Chen Guangcheng took the subway in Beijing, he did not enjoy the free ticket treatment with his disability certificate. He believes that Beijing Metro Company has violated the Law on the Protection of Disabled Persons and violated his welfare rights according to law. The subway company said that they are in accordance with the relevant regulations of the Beijing Municipal Transportation Department. The merits of this case are judged by the court itself, and the final verdict is not important. What is important is the conflict between local regulations and national laws reflected in this case. Give a warning to local legislation: how to ensure the legitimacy of local laws and regulations is a difficult problem to be solved urgently in reality. Local laws and regulations protect the interests of the transportation department too much and ignore the rights and interests of the disabled in riding cars for the blind. This has something in common with other local regulations. We should be more alert to the "Beijing Rail Transit Operation Safety Management Measures (Draft for Review)" under discussion. The administrative measures intend to prohibit begging and performing arts in the subway. Such regulations need to be heard and demonstrated legally, and cannot be formulated and discussed only by the Municipal Transportation Commission. If the authority and scope of legislation are too concentrated, it will inevitably infringe on the rights and interests of some people. At this point, the blind bus case has taught a lesson. No matter what kind of local laws and regulations, they can only be formulated and implemented within the framework determined by the Constitution and laws, and they must resolutely safeguard the spirit and purpose established by the Constitution and laws, and they cannot attach conditions to these spirits at will. Even the detailed rules for the implementation of a law can only be detailed and supplemented within the scope permitted by law, and there can be no conflict, let alone misinterpreting the law to increase local authority in disguise. It is necessary to formulate local regulations, listen to the opinions of all parties through various channels, and hold legislative hearings. At the same time, NPC, as a legislative and supervisory body, needs to perform its duties seriously and should not delegate its legislative power to the administrative department. When the administrative department formulates laws and regulations, there will inevitably be administrative legislation, such as those formulated by the transportation department, which will protect their own interests more. The people's congresses at higher levels or at the corresponding levels need to undertake the supervision function, review local laws and regulations according to law, ensure the openness and fairness of the whole process of local legislation, and ensure that illegal or inhuman local laws and regulations are no longer publicly promulgated. This is the most valuable warning behind the blind car case. ? On June 5438+February 65438+February 3, 2003, the Xicheng District People's Court of Beijing held that Chen Guangcheng was blind and disabled, and he had the People's Republic of China (PRC) Disabled Persons' Card and had the right to take the subway for free. The relevant provisions of the Law on the Use of Subway Tickets in Beijing clearly violate the Law on the Protection of Disabled Persons. ? At the end of 2003, the court ruled that Beijing Metro infringed on Chen Guangcheng's legal rights, and demanded to return the plaintiff's ticket 13 yuan, and compensate him for his transportation and accommodation expenses of 334 yuan. It is reported that this is the first case in China where a disabled person brought a lawsuit on the grounds of violating the social welfare rights of the disabled. ? On June 65438+February 65438+February 6, 2003, People's Daily published Lin Pingshun's article, "Let the lawsuit of the blind become an opportunity to standardize local legislation", commenting on Chen Guangcheng's cycling case. ? In 2004, March Wind 10 published Zhang Lijie's "Chen Guangcheng: Want to Be a Professional Rights Star" to evaluate Chen Guangcheng's riding case. ? On July 9, 2004, Linyi Municipal Committee of the Communist Party of China and Linyi Municipal People's Government issued (Linfa [2004] 18) the Decision on Strengthening Population and Family Planning Work in the New Period, which is the origin and "legal" basis of Linyi Family Planning Movement. ? At the end of 2004, violence in family planning occurred in some areas of Linyi City. ? On February 14, 2005, Linyi Municipal People's Government issued a red-headed document again, to the effect that it overestimated the quality of the people, and it was impossible to act according to law, so it was necessary to adopt tougher traditional means. Since March 2005, a large-scale violent family planning campaign has been launched in nine counties in three districts of Linyi City. In mid-April 2005, Chen Guangcheng and Yuan Weijing began to investigate this. ? From May 22 to May 25, 2005, Li Jian, the webmaster of civil rights protection website, led by Chen Guangcheng, made a field survey in some areas of Linyi City. ? On June 10, 2005, Citizen Rights Protection Network released an investigation report on the violent family planning incident in Linyi City, Shandong Province, which caused repercussions on the Internet. ? On June 2, 2005, under the guidance of lawyer Chen Guangcheng, lawyers Jiang and Li Heping from Longhua Law Firm once again entered Linyi for investigation and provided legal aid. ? In mid-August, 2005, Dr. Teng Biao, Guo Yushan, Tu and Chen Guangcheng went from Beijing to yinan county, Feixian, lanshan district and Mengyin counties of Linyi City for investigation and legal assistance. ? In late August 2005, Guo Yushan and Tu made notes and related articles on the family planning survey in Linyi County. ? After August 2005 1 1, Chen Guangcheng and his wife were under surveillance at home. ? On August 25th, 2005, Chen Guangcheng fled to Shanghai and moved to Beijing. ? At the beginning of September, 2005, an official of the State Family Planning Commission and provincial, municipal and county family planning officials conducted a survey in Linyi. ? On the afternoon of September 6, 2005, Chen Guangcheng was taken away from his friend's home in Beijing by six people who claimed to be Shandong provincial public security personnel. ? At 8 pm on September 7, 2005, Chen Guangcheng returned home and was restricted from freedom. ? On September 19, 2005, Yu Xuejun, spokesperson of the National Family Planning Commission and director of the Department of Political Science and Law, made a speech on the preliminary investigation results of family planning in Linyi City, pointing out that some county and township personnel in Linyi City had violated the law in carrying out family planning work, infringing on the legitimate rights and interests of citizens. He also said that the responsible person has been dismissed, detained or put on file for investigation. The brutal law enforcement of family planning in Linyi was stopped. ?