| 英语口译、笔译资料下载 优化人权发展环境，推动人权可持续发展 Optimize
Environment for Human Rights Development, and Boost Sustainable Human Rights
Development
——在第六届北京人权论坛开幕式上的致辞 --Speech at the Opening Ceremony
of the Sixth Beijing Forum on Human Rights
中国人权研究会会长 罗豪才 Luo Haocai, President of the
China Society for Human Rights Studies
2013年9月12日 September 12, 2013
女士们先生们，早上好！在金秋九月，我们欢聚北京，召开一年一度的北京人权论坛，共话人权经验成就，共商人权发展大计。
How do you do, everyone. In this
September, a golden season in China, we are happily gathered together in
Beijing to hold the annual Beijing Forum on Human Rights, discussing
experiences and achievements in human rights and planning together human rights
development.
本届论坛的主题是“建设可持续的人权发展环境”。人权不是孤立的，而是置身于经济、政治、社会、文化等网络之中，是社会中的人权，人权保障离不开一定的内外环境和制度安排。早在1948年《世界人权宣言》即指出，“人人有权要求一种社会的和国际的秩序，在这种秩序中，本宣言所载的权利和自由能获得充分实现。”人权的实现不只包含了对权利本身的主张，也包含了对一种有利于人权发展的环境的要求。创造一种有利于人权充分实现的秩序，建设可持续的人权发展环境，是我们人权保障工作的重心。各国政府和人民都有义务和责任在《世界人权宣言》指引下，创造有利于人权实现的环境和秩序，保证人权的可持续发展。
This session of the Forum is
themed with the “Constructing an Environment for Sustainable Human Rights
Development”. Human rights are not isolated; rather, they are human rights
situated in the society, the network interwoven with economy, politics,
society, culture and so on, and human rights protection has to depend upon
certain interior and exterior environments and institutional arrangement. As
early as in 1948, the Universal
Declaration of Human Rights has pointed out, “Everyone is entitled to a
social and international order in which the rights and freedoms set forth in
this Declaration can be fully
realized.” The realization of human rights not only involves the claim to
rights themselves, but also the demand for such environment as is favorable to
human rights development. The major point of our human rights protection is to
create an order favorable to the full realization of human rights and build the
environment for sustainable human rights development. Both governments and
people of all countries are obliged to create the environment and order
favorable to the realization of human rights, and guarantee sustainable human
rights development.
下面，我谈几点个人看法，与大家共同探讨：
Now, I would like to express a
few of my personal opinions and discuss them with everyone:
第一、坚持依法治国，建设法治国家，为推动人权可持续发展提供制度保障
First, we should insist on
running the country by law and, building a country of governance by law, and
providing institutional guarantee for the sustainable development of human
rights.
人权与法治形影相伴、不可分割，不以人权为目的的法治建设是盲目的，而离开法治的人权保障则是不可想象的。一方面，人权保障离不开法治建设。法律确立了人的主体性，宣示了人权的基本内容，规定了人权的实现途径，确立了侵犯人权的责任追究机制等，以宪法和法律的形式，保障了人格尊严、人的价值等人权基本价值目标的实现。另一方面，法治建设也在推动人权保障中不断完善。法律是权利之学，而人权是权利的精髓，人权保障体系的完善必然代表着法律的完备和法治的进步。
Human rights and governance by
law are inseparable, the construction of governance by law not aiming at human
rights is blind, and the protection of human rights without governance by law
is impossible. On the one hand, human rights protection cannot do without the
construction of governance by law. Law establishes the identity of a man as a
subject, declares the basic contents of human rights, defines the measures to
realize human rights, and set up the mechanisms of responsibility assignment
against the infringement of human rights. In a word, it takes the form of the Constitution and laws to guarantee the
realization of such basic value objectives of human rights as personal dignity
and human value. On the other hand, the construction of governance by law also
boosts the constant improvement of human rights protection. Law is the studies
of rights, while human rights are the kernel of all rights, and an improved
system of human rights protection certainly represents the improvement of law
and the progress of governance by law.
自上次论坛以来，中国特色社会主义法律体系不断完善，法治建设逐步推进，人权保障也稳步前进。2013年，一批修订后的法律如《刑事诉讼法》、《民事诉讼法》、《老年人权益保障法》、《劳动合同法》等正式实施，人权保障持续深化。目前，全国人大正就《消费者权益保护法修正案（草案二次审议稿）》在网上公开征求意见，《行政复议法》实施情况网上问卷调查活动也正在进行。作为“民告官”基本规范的《行政诉讼法》的修改也已被列入本届人大的立法规划和2013年的立法计划。年初，劳教制度改革已经启动，有望在报请全国人民代表大会常务委员会批准后，在今年内停止使用劳教措施。信访制度改革也在摸索中，涉法涉诉信访有望从普通信访中分离出来，纳入法治轨道。近日，中央政法委还出台了关于切实防止冤假错案的指导意见，重申了疑罪从无、保障律师辩护权利等诉讼基本原则，并对办案质量和责任追究等提出了明确要求。
Since the last session of the
Forum, the system of socialist law with Chinese characteristics has been
constantly improved, the construction of governance by law has been pushed
forwards step by step, and human rights protection has made progress steadily.
In 2013, a series of laws have been formally carried out after amendment,
including the Criminal Procedure Law,
the Civil Procedure Law, the Law on Protection of the Rights and
Interests of the Elderly and the Labor Contract Law, and the deepening of
human rights protection has been continued. In the first half of this year, the
National People’s Congress has also solicited and extensively adopted public
opinions for the Draft Amendment to the
Consumer Protection Law, the Amendment
to the Environmental Protection Law of the People’s Republic of China (Second Review Draft) and so forth.
Besides, the amendment of the
Administrative Procedural Law, which is the basic criterion for
“administrative litigations”, has been included both into the overall
legislative plan of this session of the National People’s Congress and its
particular legislative plan in 2013. At the beginning of this year, the reform
of re-education through labor system has been initiated, and it can be expected
that the measures for re-education through labor would be ceased within this
year after it is approved by the Standing Committee of the National People’s
Congress. The reform of the petitioning (letters and calls) system is also in
the process of exploration, and the petitioning involving laws and lawsuits can
be expected to be separated from ordinary petitioning and include the scope of
rule by law. Recently, the Political and Judiciary Commission Under the Central
Committee of the CPC has proclaimed a guideline for the practical prevention of
unjust, false and erroneous cases, reiterated such basic principles in lawsuits
as being innocent until proven guilty and the guarantee of lawyers’ rights to
defense, and specified the demand for quality in handling cases and
responsibility assignment.
尊重和保障人权是我国宪法的庄严宣告，依法治国和建设社会主义法治国家作为基本治国方略，同样载入宪法。人权和法治在宪法中是统一的、一致的。我国将继续坚持依法治国、依法执政、依法行政共同推进，法治国家、法治政府、法治社会一体建设，在宪法统率下全面推进科学立法、严格执法、公正司法、全面守法，运用法治推动科学发展，维护社会稳定，切实保障人权。
To respect and guarantee human
rights is the solemn declaration of the Constitution of China, and to govern
the country by law and build a socialist country of governance by law has also
been written into the Constitution as
a basic guideline for the governance of the country. Human rights and
governance by law are constitutionally consistent. In the future, China will
continue to push forward the rule by law from all aspects , integrate the
country of governance by law, the government of governance by law and the
society of governance by law, boost from all aspects scientific legislation,
strict law enforcement, righteous justice and all-round law-observance under
the guidance of the Constitution, and take the form of governance by law to
boost scientific development, maintain social steadiness and practically
guarantee human rights.
第二，坚持民生为本，推进社会改革，为推动人权可持续发展打造坚实基础
Secondly, we should insist on the
orientation to people’s livelihood, boost social reforms and lay a firm
foundation for the promotion of sustainable human rights development.
社会建设与经济建设、政治建设、文化建设、生态文明建设一道，同为建设中国特色社会主义五位一体总布局的重要组成部分。加强社会建设，重点是保障和改善民生；主要内容包括教育、就业、医疗、居民收入、社会保障等人民群众最关心、最直接、最现实的利益问题；基本要求和主要路径是加快推进社会体制改革。加强社会建设，是建设可持续人权发展环境的重要内容，是社会和谐稳定的重要保证。
Social construction, together
with economic construction, political construction, cultural construction and
ecological civilization construction, ranks among the five important parts
which constitute the overall plan of socialism construction with Chinese characteristics.
In strengthening social construction, the emphasis should be laid on the
guarantee and improvement of people’s livelihood, mainly including the most
practical issues of interests which most directly concern the people such as
education, employment, health care, residents’ incomes, social insurance and so
forth. The basic requirement and major path are the accelerated reform of the
social system. Strengthened social construction is an important part of the
construction of environment for sustainable human rights development, and an
important guarantee for the harmonious and steadiness of the society.
加强社会建设始终要以保障和改善民生为重点，突出人权保障的民生取向。中国的民本思想历史悠久，深厚的民本思想和悠久的民生传统决定了中国的人权保障必然是以民生为先、以民生为重、以民生为本的。以民生为先，关注人民群众最基本的生存需求和生活保障，要求生存权、发展权优先；以民生为重，把保障和改善民生、提高人民物质文化生活水平作为政府一切工作的出发点和落脚点；以民生为本，把民生保障看作是人权保障的基础和根本。中国民生投入持续加大，过去五年，中央公共财政用于民生的支出累计16.89万亿元，年均增长21.1%，占中央公共财政支出的比重稳定在三分之二以上。
The strengthening of social
construction shall always lay an emphasis on the guarantee and improvement of
people’s livelihood, and highlight the orientation of human rights protection
to people’s livelihood. The profound Chinese thought of people-orientation and
the Chinese tradition of care for people’s livelihood, both of which have a
long history, determine that the human rights protection in China must give
priority to people’s livelihood, lay an emphasis on people’s livelihood, and be
oriented in people’s livelihood. The priority to people’s livelihood means to
care for the most basic requirement and guarantee of people’s subsistence and
livelihood, and give priority to the rights to subsistence and development; the
emphasis on people’s livelihood means to take the guarantee and improvement of
people’s livelihood and the improvement of the people’s material and cultural
standards of living as the very purposes of all the work of the government; and
the orientation to people’s livelihood means to view the guarantee of people’s
livelihood as the very foundation of human rights protection. China has
constantly increased its investment in people’s livelihood. In the past five
years, the expenditures that the public finance of the Central Government have
added up to 16.89 trillion, with an annual increase of 21.1%, and steadily
accounting for more than two thirds of the total expenditures of public finance
of the Central Government.
加强社会建设要求加快推进社会体制改革，转变职能、理顺机制，统筹全社会力量合作推动人权保障。一是理顺政府与社会关系，加强权力与权利合作。权力与权利之间既有对立因素，也有合作因素，对二者的关系要辩证来看，要摈弃对抗思维，强化合作意识，从平衡的角度来统筹权力与权利，合作合力共促人权。二是要加快形成基本公共服务体系，落实基本人权保障，维护社会公平正义。三是释放社会活力，加快形成现代社会组织体制，发挥人权研究会、人权基金会等非政府组织的作用，让社会组织成为沟通政府与民众的桥梁，形成政府、企业和社会组织互动合作、良性循环的社会结构。年初全国人大启动新一轮政府机构改革，重点是转变政府职能、规范政府权力，向市场、社会放权，最终目的是让利于民、还权于民。行政审批是改革的突破口，过去10年，中央共取消和调整了2497项行政审批项目，占原有总数的69.3%。而本届政府还将在任期内，对国务院各部门现有的1700多项行政审批事项再削减三分之一以上。
The strengthening of social
construction entails the accelerated reform of social systems, the
transformation of functions, the rectification of mechanisms, and the overall
planning of the cooperation of all forces in the society for the improvement of
human rights protection. First, we should handle well the relations between the
government and the society, and strengthen cooperation between power and
rights. There are both rivalries and cooperation between power and rights, and
the relations between these two should be viewed from a dialectical point of
view, and we should abandon adversarial thinking and intensify the awareness of
cooperation, handle the relations between power and rights as a whole from the
point of view of balance, and make concerted efforts for the promotion of human
rights. Secondly, we should speed up the formation of a basic public service
system, realize basic human rights protection, and guarantee social justice and
righteousness. Thirdly, we should release the vigor of the society, accelerate
the formation of a modern system of social organizations, give a play to such
non-governmental organizations as associations of human rights studies, make
social organizations a bridge between the governments and the populace, and
form a social structure for the governments, enterprises and social
organizations to interact, cooperate and circulate in a benign way. At the
beginning this year, the National People’s Congress initiated a new round of
reform of governmental institutions. This reform lays an emphasis on the
transformation of governmental functions, the regulation of governmental power,
the decentralization of power and its granting to markets and the society, and
its final purpose is to allow a bigger share of interests to the people and
return the power to the people. Administrative examination and approval are the
breakthrough point for the reform. In the past ten years, the Central
Government has abolished and adjusted 2,497 items which formally required
administrative examination and approval, accounting for 69.3% of formal total
items. Now, this session of the government will reduce within its term more
than one third of the excising 1,700-odd items of administrative examination
and approval, which involve all departments of the State Council.
中国在宪法和法律的框架下，以民生为重，走出了一条权利与权力合作的人权保障之路，人权保障全面推进，社会保持和谐有序。
With the cooperation between the
state and the society, the government and non-government organizations, and
power and rights on the basis of balance, China has found a path of human
rights protection featuring the cooperation between rights and power, which is
within the frame of the Constitution
and laws and lays an emphasis on people’s livelihood, the protection of human
right has been boosted in many aspects, and the society has remained harmonious
and orderly.
第三、加强国际合作，维护世界和平，为推动人权可持续发展营造良好环境
Thirdly, we should strengthen
international cooperation and guarantee world peace to create a benign
environment for the promotion of sustainable human rights development.
和平、安全、人权等，虽然内涵各有不同，但具有内在的一致性。一方面，和平与安全的范围越来越大，包含了人权、法治、民主等内容，系统性侵犯人权也会被认为是对和平与国际安全的威胁。另一方面，人权保护与维护和平之间相互依赖，人权会受到武装冲突的威胁，而对人权的系统性侵犯又常会带来大量民族、宗教、社会问题，甚至可能会发展到不稳定和武装冲突。
Peace, security and human rights
have different connotations, but are intrinsically consistent. On the one hand,
peace and security have increasing scopes, including human rights, governance
by law, democracy and so forth, and systems that systematically encroach on
human rights are thought threats against peace and international security. On
the other hand, human rights protection and peace maintenance depend upon each
other. Human rights may be threatened by military conflicts, while the
systematic infringement against human rights are one major cause of national,
religious, social and political tension, and often worsens into unsteadiness or
military conflicts.
维护区域安全、保证国际和平和保障人权实现一直是联合国的主要议题。自二战以来，作为对纳粹主义暴政的一种反思，国际人权法和国际人权保护机制迅速发展起来。今天对人权的国际保护不仅被视为国际法上的一项基本义务，也被视为国际社会的一项主要任务。全球化时代呼唤全球性的合作，加强多边合作和发挥联合国作用是各国的必然选择，也是国际社会有效应对共同挑战的必然途径。各国都有义务遵守联合国宪章、谨守世界人权宣言的承诺，注重交流、增进理解、加强合作，这不但是人权可持续发展的基本要求，也是人类延续的基本要求，是每个国家政府、非政府组织和个人的责任。
The maintenance of regional
security, the guarantee of international peace and the protection of human
rights have been the major concerns of the UN all along. Since the World War
Two, the international law on human rights and the international protection
mechanism of human rights have been rapidly developed as a reflection of the
Nazism tyranny. Today’s international protection of human rights is not only
viewed as a basic obligation defined by the international law, but also a major
task of the international community. Globalization calls for global
cooperation, and strengthened multilateral cooperation and the UN’s role are
not only the necessary choice of all countries, but also a requisite measure
for the international community to effectively meet common challenges. All
countries are obliged to carry out their undertakings in the Charter of the United Nations and the Universal Declaration of Human Rights,
pay attention to exchanges, improve understanding and strengthen cooperation.
That is not only the basic requirement for sustainable human rights
development, but also the responsibility of each government, non-governmental
organization and individual.
多年来，在一系列国际和地区热点问题上，中国坚持原则，积极斡旋，劝和促谈，为维护地区和平稳定做出了重要贡献。中国将继续高举和平发展、合作共赢的旗帜，弘扬平等互信、包容互鉴、合作共赢的精神，坚定不移地走和平发展道路，发挥负责任的大国作用，坚定不移地维护国家的主权安全和发展利益，维护区域安全和世界和平，推动人权保障的充分、全面实现。
For years, China has adhered to
principles, actively mediated, promoted peace and boosted negotiation with
regard to a series of international and regional hot point issues, making
important contributions to the maintenance of regional peace and steadiness.
China will continue to carry the banner of peaceful development and win-win
cooperation, keep up the spirit of equality, mutual trust and tolerance, learn
from each other, engage in win-win cooperation, firmly stick to the path of
peaceful development, play the part of a responsible large country, resolvedly
guarantee the sovereignty and development of the state, maintain regional
security and world peace, and boost the full and all-round realization of human
rights protection.
在人权可持续发展的道路上，我们面临的问题还很多，任务还很艰巨。人权的具体内容和保障路径等都是动态的、发展的，人权发展之路不是单车道，每个国家加强人权建设和强化人权保障的具体环境都是不同的，必须在与其所处国家的经济、社会、文化发展阶段相适应的基础上，寻找自己的人权发展可持续之路。
On the path of sustainable human
rights development, of course, we are still facing many problems, and the task
is still very arduous. The concrete contents of human rights and their
protection routines are dynamic and evolve, and human rights development is not
limited to a single lane. Countries vary in terms of environments when they
strengthen human rights construction and protection, and they have to seek for
their own paths of sustainable human rights development which conform to the
stages of their economic, social and cultural development.
我们共住一个地球村，共享一个人权和发展之梦，每一次的聚会都是向着这个梦想在前进，每一步的努力都会在人权大厦上添砖加瓦。今年是《世界人权宣言》通过65周年，也是《维也纳宣言和行动纲领》通过20周年，今年还是我们中国人权研究会成立20周年。北京人权论坛自2008年开始举办，今年已经是连续第六届了，每一届都有不同的主题，取得了很多共识和成绩。我衷心希望北京人权论坛能越办越兴旺，国际人权交流合作之路越走越宽广！
We live in the same global
village and share the same dream of human rights and development. Each of our
gatherings is a step towards the realization of this dream, and each effort
will be a contribution to human rights. This year meets the 65th anniversary of
the Universal Declaration of Human Rights,
the 20th anniversary of the Vienna
Declaration and Programme of Action, and also the 20th anniversary of the
China Society for Human Rights Studies. Since its first opening in 2008, the
Beijing Forum on Human Rights has held six sessions consecutively, with each
session under a different theme. All these sessions have reached consensuses
and achieved greatly. Now I wish the Forum to increasingly prosper, and the
road of international exchanges and cooperation in human rights to become
increasingly broad.
谢谢大家！
Thank you! |
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