我国《刑法》中规定了一部分特定的残障人犯罪的刑事责任从宽原则,其第19条规定:“又聋又哑的人或者盲人犯罪,可以从轻、减轻或者免除处罚。”目前,学术界和实务界普遍认为,残障人因外在缺陷致其能力有限,犯罪的危险性较低,对其设定从宽处理原则也体现了法律对残障人的关心和爱护。然而,从人权保护的角度来看,对残障人设定从宽处理原则是落后的“医疗模式”和“慈善模式”的产物,这不利于保护残障人的平等法律能力,也不符合国际人权标准的要求。因此,该条规定亟待修改直至废除。 China’s “Criminal Law” stipulates a part of the principle of leniency of criminal responsibility for a specific handicapped crime. Article 19 of the Criminal Law stipulates: “A deaf and dumb person or a blind person who commits a crime can be given a lighter, mitigated or exempt punishment.” Currently It is generally accepted by academics and practitioners that disabled people have limited ability due to external flaws and low risk of crime. The principle of lenient treatment for them also reflects the care and love of disabled people by law. However, from the standpoint of human rights protection, setting the principle that leniency is a lagging “medical model” and “charity model” for people with disabilities is not conducive to the protection of equal legal capacity of persons with disabilities. Does not meet the requirements of international human rights standards. Therefore, the article urgently needs amendment until its repeal.