二、政治建设中的人权保障 II.
Protection of Human Rights in Political Construction
中国特色社会主义政治发展道路，是公民权利和政治权利在中国得到实现的根本保障。近年来，中国坚持积极稳妥推进政治体制改革，扩大社会主义民主，加快建设社会主义法治国家，发展社会主义政治文明。中国努力健全民主制度，丰富民主形式，扩大公民有序政治参与，保证公民依法行使民主权利。不断深化行政体制改革，推进司法体制和工作机制改革，保障人民依法享有广泛权利和自由。
The socialist road of political
development with Chinese characteristics is the fundamental guarantee for the
realization of civil rights and political rights in China. In recent years,
China has actively yet prudently pressed ahead with political restructuring, expanded
socialist democracy, accelerated the building of a socialist country under the
rule of law, and developed socialist political civilization. China endeavors to
improve the system of democracy, diversify the forms of democracy, expand
citizens’ orderly participation in political affairs, and ensure that citizens
exercise their democratic rights as prescribed by the law. China continues to
deepen the reform of the administrative system, push forward the reform of the
judicial system and work mechanisms, and ensure that people enjoy a wide range
of rights and freedoms in accordance with the law.
保障各项人权的法律制度不断完善。建立中国特色社会主义法律体系，依法保障人权，是中国人权事业发展的重要基础。经过多年不懈努力，到2010年底，一个立足中国国情和实际、适应改革开放和社会主义现代化建设需要、集中体现中国共产党和中国人民意志，以宪法为统帅，以宪法相关法、民法商法、行政法、经济法、社会法、刑法、诉讼与非诉讼程序法等多个法律部门的法律为主干，包括行政法规、地方性法规等多个层次的法律法规构成的中国特色社会主义法律体系已经形成。截至2012年底，中国已制定现行宪法和有效法律243部、行政法规721部、地方性法规9200部，涵盖社会关系各个方面的法律部门已经齐全，各个法律部门中基本的、主要的法律已经制定，相应的行政法规和地方性法规比较完备，法律体系内部总体做到科学和谐统一。中国特色社会主义法律体系的形成，是中国人权事业发展的一个重要标志，实现了中国人权保障的法制化。近年来，国家十分注重从保障人权的要求出发修改有关法律法规。2012年新修改的刑事诉讼法写入“尊重和保障人权”内容，并在证据制度、辩护制度、强制措施、侦查措施、审查起诉、审判程序、执行程序的修改完善和增加规定特别程序中，贯彻了尊重和保障人权的精神。这是中国人权事业的重大进步，对于惩罚犯罪，保护人民，保障公民的诉讼权利和其他合法权利，具有重大意义。2012年修改的民事诉讼法，进一步保障了当事人的诉讼权利，完善了起诉和受理程序、开庭前准备程序、简易程序、审判监督程序和执行程序，完善了保全制度、证据制度和裁判文书公开制度，增加了公益诉讼制度、对案外被侵害人的救济程序。
China continues to improve its
legal system that protects human rights. Establishing a socialist legal system
with Chinese characteristics and protecting human rights in accordance with the
law are the important foundation for China’s human rights development. Thanks
to unremitting efforts over the years, by the end of 2010 a multi-level
socialist legal system with specific Chinese characteristics had been
established. This system is based on the realities of China, adapts to the
needs of reform and opening up and the socialist modernization drive,
epitomizes the will of the Communist Party of China and the Chinese people,
centers around the Constitution,
takes as its mainstay the Constitution-related laws, civil and commercial laws,
administrative laws, economic laws, social laws, criminal laws, and litigation
and non-litigation procedural laws of different categories, and comprises
administrative and local regulations. By the end of 2012 China had enacted 243
active laws, including the current Constitution, 721 administrative regulations
and 9,200 local regulations, which are complete in range and cover all
relations in the society. Basic and major laws of each category have been
formulated and supported with corresponding administrative regulations and
local regulations, forming a legal system that is internally scientific,
well-coordinated and unified. The formation of the socialist legal system with
Chinese characteristics is an important milestone in the development of China’s
human rights cause, and it ensures that the country’s human rights protection
is done within the framework of the law. In recent years, the state has paid
great attention to proceeding from the requirement of protecting human rights
to amend relevant laws and regulations. In 2012 “respecting and protecting
human rights” was added to the newly amended Criminal Procedure Law and attention was paid to see it that the
spirit of this clause was implemented in amendments and revisions made in the
clauses regarding evidence, defense, compulsory and investigatory measures,
review and prosecution, trial and execution, as well as newly added
stipulations. This is a major progress in China’s human rights cause, and of
great significance in punishing crimes, protecting the people and safeguarding
the citizens’ litigation and other lawful rights. The 2012 amended Civil Procedure Law offers further
protection to the litigation rights of parties to a lawsuit, and improves such
procedures as prosecution and handling, preparation for trial, summary, trial
supervision, execution of sentence, preservation, evidence and open documents
of judgment. It also adds the system of public interest litigation and the
remedial procedure for the infringed parties indirectly related to a current
case.
中国人民通过各级人民代表大会有效行使国家权力。人民代表大会制度是中国的根本政治制度。中国人民通过全国人民代表大会和地方各级人民代表大会，参与国家管理，行使国家权力。人民代表大会行使立法、监督、决定、任免等职权。2010年以来，全国人大及其常委会制定和修改了45部法律，包括刑法、刑事诉讼法、全国人民代表大会和地方各级人民代表大会选举法、全国人民代表大会和地方各级人民代表大会代表法、国家赔偿法、村民委员会组织法、行政强制法等法律，进一步完善了保障各项人权的法律制度。2010年3月，全国人大通过了修改全国人民代表大会和地方各级人民代表大会选举法的决定，规定城乡按照相同人口比例选举人大代表，人大代表具有更广泛的代表性，进一步完善了选举制度，更好地体现了人人平等、地区平等和民族平等。中国立法机关通过公布法律草案、听证会、论证会、座谈会等多种形式，保证公众广泛参与立法。2011年修改个人所得税法，向社会公布征求意见后，一个多月共收到意见23万多条。在通过网络发表意见的公众中，83%的人希望在原方案基础上适当上调工薪所得减除费用标准。全国人大常委会对草案作了修改，将工薪所得减除费用标准由每月2000元提高至3500元。2010年以来，全国人大及其常委会依法加大监督力度，监督工作的针对性和实效性切实增强。2010年以来，全国人大常委会共开展了13次执法检查，安排听取和审议了国务院和最高人民法院、最高人民检察院的31个专项工作报告，开展了9次专题询问。
The Chinese people effectively
exercise the state power through people’s congresses at all levels. The system
of people’s congress is a fundamental political system of China. It is via the
National People’s Congress (NPC) and local people’s congresses at different
levels that the Chinese people are involved in managing state affairs and
exercising the state power. The people’s congresses exercise such functions and
powers as legislation, supervision, decision-making, appointment and removal.
Since 2010 the NPC and its Standing Committee have enacted and amended 45 laws,
including the Criminal Law, Criminal
Procedure Law, Electoral Law of the
People’s Republic of China on the National People’s Congress and Local People’s
Congresses, Law of the People’s Republic
of China on Deputies to the National People’s Congress and Deputies to Local
People’s Congresses, State
Compensation Law, Organic Law of the
Villagers’ Committees, and Administrative
Compulsion Law, further improving the country’s legal system for protecting
human rights. In March 2010 the NPC approved the decision to amend the
Electoral Law of the People’s Republic of China on the National People’s
Congress and Local People’s Congresses, stipulating that the same percentage of
deputies be elected in both urban and rural areas to the people’s congresses to
ensure that they are as widely representative as possible. This measure has
further improved the electoral system, making it give better expression to
equality among the people, between regions and among ethnic groups. China’s
legislature ensures the public’s wide participation in legislation through
multiple forms, such as releasing the draft of a law and holding hearings,
demonstration meetings and symposiums. In 2011 when the Law of Personal Income Tax was being amended, China’s legislature
made the draft amendment to the public and sought the people’s opinions. In
just a little more than a month, a total of 230,000 opinions were collected. Of
the people who expressed their opinions via the Internet, 83 percent said that
they hoped to see the tax exemption threshold further raised appropriately on
the basis of the initial plan. The NPC Standing Committee revised the draft by
increasing the monthly tax exemption threshold from 2,000 yuan to 3,500 yuan.
Since 2010 the NPC and its Standing Committee have intensified their
supervisory efforts and enhanced the pertinency and effectiveness of such
supervision. Since 2010 the NPC Standing Committee has launched 13 rounds of
supervision over law enforcement, and reviewed 31 work reports on special
topics from the State Council, the Supreme People’s Court and the Supreme
People’s Procuratorate, and made nine inquiries over specific topics.
协商民主使公民享有管理国家事务更充分的权利。社会主义协商民主是中国人民民主的重要形式。近年来，中国不断完善协商民主制度和工作机制，推进协商民主广泛、多层、制度化发展。中国共产党和中国政府通过各种渠道就经济社会发展重大问题和涉及群众切身利益的实际问题广泛协商，广集民智。坚持和完善中国共产党领导的多党合作和政治协商制度，充分发挥人民政协作为协商民主重要渠道作用。把政治协商纳入决策程序，坚持协商于决策之前和决策之中。2008年至2012年，中国人民政治协商会议第十一届全国委员会共开展各类协商活动420多场次。2010年以来，全国政协共收到提案16743件，其中各民主党派中央、全国工商联提案882件，召开6次专题议政性常委会和专题协商会，进行296次调研视察活动。加强同民主党派的政治协商。中共中央在作出重大决策前，一般都邀请民主党派主要领导人和无党派代表人士召开民主协商会、小范围谈心会、座谈会等，通报情况，听取意见，共商国是。全国政协紧紧围绕人民群众最关心、最直接、最现实的利益问题开展调查研究，提出的维护农民工、农村留守人员、残疾人、国企改制职工合法权益等建议，促进了民生改善。开展对武陵山区等集中连片特困地区扶贫攻坚跟踪调研，提出加大这些地区农村基础设施投入，建立与完善资金投入机制、生态补偿机制、区域合作机制等建议，受到中共中央高度重视和采纳，对《武陵山片区区域发展与扶贫攻坚规划》的制定和出台发挥了重要作用。
Consultative democracy enables
citizens to have more extensive rights in the management of state affairs.
Socialist consultative democracy is an important form of democracy for the
Chinese people. In recent years, China has continued to improve the
consultative democracy and its work mechanisms, promoting its extensive,
multi-level and institutionalized development. Through various channels, the
CPC and the Chinese government conduct extensive consultation to pool wisdoms
of the people over major issues in economic and social development and problems
of immediate concern to the people’s interests. Efforts are being made to
adhere to and improve the CPC-led multi-party cooperative and political
consultative system, and give full play to the people’s political consultative
conferences as an important channel of consultative democracy, incorporating
political consultation into the decision-making procedure and making
consultation an important part of decision-making. From 2008 to 2012, the 11th
National Committee of the Chinese People’s Political Consultative Conference
(CPPCC) launched more than 420 consultative activities. Since 2010 the CPPCC
National Committee has received 16,743 proposals, among which 882 came from the
central committees of non-Communist parties and the All-China Federation of
Industry and Commerce; the CPPCC National Committee has held six standing
committee meetings and a number of consultative meetings on special topics, and
went on 296 investigation tours. Political consultation with non-Communist
parties is being constantly strengthened. Before making any major decisions,
the CPC Central Committee invites major leaders of non-Communist parties and
representatives of personages without party affiliation to democratic
consultative meetings, small heart-to-heart meetings, or symposiums, giving
them a briefing, listening to their opinions and discussing state affairs
together with them. The CPPCC National Committee conducts investigations and
research on the most specific problems of the utmost and immediate concern to
the people. Its proposals on protecting the legitimate rights and interests of
migrant workers, people left behind in the countryside as caretakers, the
disabled, and employees of reorganized state-owned enterprises go a long way to
promoting the people’s livelihood. The CPPCC National Committee has made
follow-up investigations on the poverty-reduction work in the Wuling mountains and
some other regions that suffer from abject poverty, and then proposed
increasing financial input in these regions’ rural infrastructure, establishing
and improving such mechanisms as capital input, ecological compensation and
regional cooperation. These proposals were highly valued and adopted by the CPC
Central Committee. Their proposals also played an important role in helping
formulate and release the Regional
Development and Poverty-reduction Planning for the Wuling Mountainous Area.
充分保障民族自治地方依法行使自治权。民族区域自治制度是中国的一项基本政治制度，也是中国解决国内民族问题的基本政策。中国适合于建立民族自治地方的少数民族聚居区基本上都已建立民族自治地方。近年来，中国政府坚定不移地继续坚持和完善这项基本制度，切实尊重和保障民族自治地方自治机关的自治权利，在制定政策时充分考虑少数民族和民族自治地方的实际情况，并认真研究民族区域自治法在实施过程中出现的新问题。按照民族区域自治法的有关规定，国家抓紧制定配套的法律法规、具体措施和办法，制定或修改自治条例和单行条例，逐步建立比较完备的具有中国特色的民族法律法规体系。通过加强对民族区域自治法贯彻实施情况的检查监督，有针对性地研究和解决实施过程中出现的难点问题和各族干部群众普遍关心、关系各族人民群众切身利益的突出问题，真正体现民族区域自治制度的优越性。目前，55个少数民族都有本民族的全国人大代表和全国政协委员，人口超过100万的少数民族都有本民族的全国人大常委会委员。同时，积极培养使用少数民族干部。中央和地方国家权力机关、行政机关、审判机关和检察机关都有一定比例的少数民族干部。155个民族自治地方的人民代表大会常务委员会中均有实行区域自治的民族的公民担任主任或者副主任，民族自治地方政府的主席、州长、县长或旗长均由实行区域自治的民族的公民担任。
Full guarantees are given to
ethnic autonomous areas to exercise autonomy. Regional ethnic autonomy is one
of the basic political systems of China and also the basic policy for
settlement of domestic ethnic issues. Ethnic autonomous regions have been
basically established in areas where people of ethnic minority groups live in
compact communities. In recent years, the Chinese government has made
unswerving efforts to continuously adhere to and improve this basic system,
adopt effective measures to respect and protect the right of the organs of
self-government in ethnic autonomous areas to exercise autonomy, and take into
full consideration the realities of the ethnic minority groups and ethnic
autonomous areas when formulating policies. Earnest studies have been made on
new problems arising in the implementation of the Law on Regional Ethnic
Autonomy. In accordance with provisions of this law, the state loses no time in
formulating supporting laws, regulations, measures and methods and formulating
or revising autonomy-related regulations and other special regulations, thus
gradually bringing into place a complete system of laws and regulations
concerning ethnic affairs with Chinese characteristics. By intensifying inspection
and supervision over the implementation of the Law on Regional Ethnic Autonomy
and targeted studies on and settlement of difficult issues and other
outstanding problems of common concern to officials and people of various
ethnic minority groups, the real virtues of the system of regional ethnic
autonomy have been brought into full play. At present, all the 55 ethnic
minority groups have deputies to the National People’s Congress and members to
the Chinese People’s Political Consultative Conference. An ethnic group having
a population over one million has members on the NPC Standing Committee.
Meanwhile, proactive efforts are made to train officials of ethnic minority
origin and appoint them to the right posts. The central and local organs of
state power as well as administrative, judicial and procuratorial organs have
certain percentages of officials of ethnic minority origins. The chairpersons
or vice-chairpersons of the standing committees of the people’s congresses of
all 155 areas where regional ethnic autonomy is exercised, as well as the heads
of government of autonomous regions, prefectures, counties or banners are
citizens of the ethnic group or groups exercising regional autonomy in the
areas concerned.
基层民主建设使公民参与权进一步扩大。基层民主是人民当家作主的一种有效形式，它通过以村民自治为核心的农村基层民主、以社区居民自治为核心的城市基层民主和以职工代表大会为核心的企事业单位的基层民主等形式，保障全体公民广泛和直接参与社会生活各项事务。农村村民委员会和城市社区居民委员会的换届选举工作实现制度化、规范化和程序化。2010年10月，全国人大常委会修改了村民委员会组织法，进一步完善和规范了村委会成员的选举和罢免程序。截至2012年底，全国绝大多数省份已开展了8至9轮的村委会换届选举工作。全国98%以上的村委会实行了直接选举，村民平均参选率达到95%。村委会女性成员比例有所提高。全国95%的村实现村务公开，90%以上的县制订村务公开目录，91%的村建立村务公开栏。全国每年约有170万名村干部进行述职述廉，对23万多名村干部进行经济责任审计，村民评议村干部近209万人次。2010年至2012年，全国绝大多数城市社区开展了新一轮换届选举，直接选举率在30%以上。城市社区居民委员会女性成员达到49.42%。通过居民会议议事协商和民主听证等形式，社区各类主体都可以平等参与社区公共事务和民主决策。
Democracy building at the
grassroots level further expands citizens’ right to participate. Democracy at
the grassroots level is an effective form for people to be masters of the
country. It ensures the extensive and direct participation of all citizens in
various social affairs via grassroots democracy mainly in the forms of
villagers’ self-government in rural areas, community residents’ self-government
in urban areas and congresses of workers and staff in enterprises and public
institutions. Elections of rural villagers’ committees and urban community
residents’ committees have been institutionalized and standardized and
conducted in line with established procedures. In October 2010 the NPC Standing
Committee amended the Organic Law of the Villagers’ Committees, further
improving and standardizing the election and removal procedures for their
members. By the end of 2012, eight or nine rounds of elections for new rural
villagers’ committees had been held in most of the country’ s provinces,
autonomous regions and municipalities directly under the central government.
Direct elections had been held for over 98 percent of the villagers’ committees
across the country, with villagers’ participation reaching 95 percent. The
proportion of female members in the villagers’ committees increased slightly.
Over 95 percent of villages had made their village affairs transparent; more
than 90 percent of the counties had drawn up a list of village affairs that
must be made known to all the villagers; and 91 percent of villages had set up
bulletins where village affairs were made known to the public. Each year across
the country about 1.7 million village officials report their performance to
their fellow-villagers; more than 230,000 village officials have been subjected
to audit of economic accountability; and nearly 2.09 million village officials
have their performance commented by their fellow-villagers. Between 2010 and
2012, another round of elections for community residents’ committees were
carried out in most communities of Chinese cities, with the rate of direct
elections topping 30 percent. The proportion of female members on urban
community residents’ committees reached 49.62 percent. Through such forms as
consultation and democratic hearing at the residents’ meetings, every member of
a community is ensured to participate in public affairs and democratic
decision-making on an equal footing.
切实保障公民的知情权和表达权。随着改革的深化以及信息技术的迅猛发展，中国公众的知情范围日益扩大，表达空间不断拓展。国家制定了《政府信息公开条例》，政务公开制度体系基本形成。2003年开始实行审计结果公告制度。从2010年开始，各级政府推进财政预算公开。2012年有97个中央部门公开了部门预算，98个中央部门公开了部门决算，有98个中央部门公开了“三公”经费。2011年,中央国家机关各部门各单位主动公开政府信息149万多条, 31个省（区、市）主动公开政府信息2885万多条。2011年，中央国家机关各部门各单位办理依申请公开信息3000多条，70%以上的申请按规定得到办理并予以公开；31个省（区、市）办理依申请公开信息130多万条，85%以上的申请按规定得到办理并予以公开。中国共产党持续推进党务公开，建立党委新闻发言人制度。2012年，全国省级以上党和政府机构举办新闻发布会2200多场。互联网已成为公民实现知情权、参与权、表达权和监督权的重要渠道，成为政府了解社情民意的重要途径。为了保护网络信息安全，保障公民、法人和其他组织的合法权益，2012年12月全国人大常委会通过《关于加强网络信息保护的决定》。截至2012年底，中国网络微博用户规模为3.09亿。据对中国最有影响的10家网站统计，网民每天发表的论坛帖文和新闻评论达300多万条，微博客每天发布和转发的信息超过2亿条。各级人民政府切实推进《信访条例》贯彻落实，不断畅通和规范信访渠道，认真受理群众的来信来访，推广和规范绿色邮政、网上信访、专线电话、视频接访、信访代理等做法，切实维护和保障群众的表达权。加强全国信访信息系统的建设和推广应用，加快国家投诉受理中心建设，构建快速高效受理群众诉求的综合平台。
Practical measures are taken to
ensure citizens’ right to know and right to be heard. With the deepening of
reform and the rapid development of information technology, the Chinese people’s
scope of the right to know has been expanded, and so has the room for them to
express their will. With the Regulations
on Government Information Disclosure, the country’s system for government
information disclosure has basically taken shape. In 2003 China began to
implement a system of announcement for audit results, and since 2010
governments at all levels have promoted the work of fiscal budget disclosure.
In 2012 a total of 97 departments of central government publicly disclosed
their budgets, 98 made public their final accounts, and 98 disclosed their
expenses on official receptions, vehicles and overseas trips. In 2011 the
various central government organs and departments took the initiative to
disclose more than 1.49 million pieces of government information; the
government organs of the 31 provinces (autonomous regions and municipalities
directly under the central government) made public over 28.85 million pieces of
government information. In 2011 the various central government organs and
departments handled more than 3,000 applications requesting disclosure of
relevant government information, and over 70 percent of these applications were
granted in accordance with relevant regulations. And the government organs of
the 31 provinces (autonomous regions and municipalities directly under the
central government) handled in total more than 1.3 million applications from
the public requesting the disclosure of related government information, and of
these applications over 85 percent were granted in accordance with relevant
regulations. The CPC continues to press ahead with making Party affairs public,
and has established a spokesperson system for Party committees. In 2012 the
Party and government agencies above the provincial level held in total more
than 2,200 press conferences. Meanwhile, the Internet has become an important
channel for citizens to exercise their rights to know, participate, be heard
and supervise, as well as an important means for the government to get to know
the public’s opinions. To safeguard online information security and protect the
legitimate rights and interests of the citizens, legal persons and other
organizations, the NPC Standing Committee approved the Decision on
Strengthening Online Information Protection in December 2012. By the end of
2012, microblog users in China reached 309 million. According to a survey of
China’s top ten websites, each day more than three million forum messages and
news comments are posted online, while over 200 million messages are posted and
forwarded by microbloggers. The people’s governments at all levels take
concrete measures to implement the Regulations on Petition Through Letters and
Visits, continuing to keep unblocked the channels of complaint through letters
and visits and standardize such channels, handling such letters and visits
conscientiously, and promoting and standardizing the use of green post, online
complaint letters and visits, telephone hotlines, the handling of complaint
visits via video, and complaint letters and visits handled by proxy, in order
to guarantee and protect the people’s right of expression. The construction and
promotion of a national information system for complaint letters and visits are
to be strengthened; the building of a national complaint-handling center is to
be accelerated; and a comprehensive platform for rapidly and effectively
handling people’s complaints is to be built.
司法领域人权保障取得新进展。为了有效实施修改后的刑事诉讼法，最高人民法院、最高人民检察院等联合发布《关于实施刑事诉讼法若干问题的规定》，最高人民法院制定《关于适用〈中华人民共和国刑事诉讼法〉的解释》，最高人民检察院公布修改后的《人民检察院刑事诉讼规则（试行）》，公安部全面修改了《公安机关办理刑事案件程序规定》。人民检察院不断强化对诉讼活动的法律监督。2012年，检察机关对侦查活动中的违法情况提出纠正意见55582件次，对认为确有错误的刑事裁判提出抗诉6196件，对刑事审判活动中的违法情况提出纠正意见11799件次。国家严格控制并慎用死刑。2011年2月，全国人大常委会审议通过刑法修正案（八），取消13个经济性非暴力犯罪的死刑，死刑罪名削减幅度近五分之一。修正案还对审判时已满75周岁的人犯罪适用死刑作了限制性规定。2010年6月，最高人民法院、最高人民检察院等联合发布了《关于办理死刑案件审查判断证据若干问题的规定》，对死刑案件的证据审查判断采用更为严格的标准。修改后的刑事诉讼法要求判处死刑的第二审案件全部开庭审理，并加强死刑复核监督。扩大司法公开并强化法律监督。2010年10月，最高人民法院发布《关于确定司法公开示范法院的决定》，分两批确定全国200所法院为“司法公开示范法院”并发布了示范法院标准。2012年10月，公安部出台《公安机关执法公开规定》，全面规范公安机关执法公开工作，拓展了执法公开的渠道，丰富了执法公开方式。
New progress is made in human
rights protection in the judicial field. To effectively enforce the amended Criminal Procedure Law, the Supreme
People’s Court and the Supreme People’s Procuratorate have jointly issued the Rules on Several Issues Concerning the
Enforcement of the Criminal Procedure Law; the Supreme People’s Court has
worked out the Interpretation Concerning
the Application of the Criminal Procedure Law of the People’s Republic of China;
the Supreme People’s Procuratorate has promulgated the revised Rules of Criminal Procedure for the People’s
Procuratorates (Trial); the Ministry of Public Security has fully amended
the Rules of Procedure for Public
Security Organs to Handle Criminal Cases. The people’s procuratorates have
continuously strengthened legal supervision over litigation activities. In 2012
the people’s procuratorates gave suggestions for correction on law violations
in the investigation of 55,582 cases, lodged 6,196 protests against criminal
verdicts that they deemed to be wrong, and put forward suggestions for
correction on law violations in criminal proceedings in 11,799 cases. China
enforces strict controls over and prudently applies the death penalty. In
February 2011 the NPC Standing Committee examined and approved Amendment VIII of the Criminal Law,
which removed death penalty from 13 economic and nonviolent crimes, thus
reducing the death penalty charges by nearly one fifth. The Amendment also adopted a restrictive
regulation for the application of death penalty to offenders aged 75 or above
at the time of the trial. In June 2010 the Supreme People’s Court and Supreme
People’s Procuratorate jointly issued the Rules
for Reviewing and Judging the Evidence in Handling Death Penalty Cases,
adopting more rigorous standards for reviewing and judging the evidence in
death penalty cases. The amended Criminal Procedure Law requires that all
trials of second instance for death penalty cases be held in public and the
supervision over the review of death sentences be tightened. Efforts are made
to enlarge the scope of judicial openness and intensify legal supervision. In
October 2010 the Supreme People’s Court issued the Decision on Designating Model Courts of Open Judicial Practice,
which designated 200 courts throughout the country in two batches as “model
courts of open judicial practice” and released the criteria for such model
courts. In October 2012 the Ministry of Public Security promulgated the Rules for Open Law Enforcement by Public
Security Organs, which regularizes in a comprehensive way the open law
enforcement by the public security organs, opens up the channels and enriches
the ways for open law enforcement.
国家保护被羁押人权利。2011年，公安部与卫生部联合下发《看守所医疗机构设置基本标准》，改善被羁押人的居住、生活和医疗条件。到2012年底，全国已有2391个看守所建立了被羁押人安全风险等级评估机制，占看守所总数的89.1%；有1774个看守所建立了被羁押人心理咨询室，占看守所总数的66.1%；有1893个看守所实现留所服刑罪犯互联网双向视频会见，占看守所总数的70.5%；有2532个看守所建立了在押人员投诉处理机制，占看守所总数的94.3%，累计处理在押人员投诉2633件；有2664个看守所聘请了特邀监督员，占看守所总数的99.2%。2012年，检察机关对刑罚执行和监管活动中的违法情况提出纠正意见32165件次。律师制度和法律援助制度不断完善。修改后的刑事诉讼法明确了律师在整个诉讼过程中的辩护人地位，明确要求在侦查、起诉、审判阶段，有律师的，都要听取律师意见并附卷，扩大了法律援助在刑事诉讼中的适用范围，将审判阶段提供法律援助修改为在侦查、起诉、审判阶段均提供法律援助，并扩大了法律援助的对象范围。2012年，律师代理诉讼案件230多万件，法律援助案件28万件。2012年，全国办理法律援助案件100万余件，提供法律咨询568万人次，分别比2009年增长了56.4%和17.1%。
China protects the rights of
detainees. In 2011 the Ministry of Public Security and the Ministry of Health
jointly issued the Basic Standards for
Establishment of Clinics in Detention Centers to improve the accommodation,
living and medical conditions of detainees. By the end of 2012, a detainee
security risk assessment and ranking mechanism had been established in 2,391
detention centers, or 89.1 percent of the national total; psychological
counseling rooms for detainees had been established in 1,774 detention centers,
or 66.1 percent of the national total; two-way online video meetings for
inmates had been established in 1,893 detention centers, or 70.5 percent of the
national total; and a complaints handling mechanism had been set up in 2,532
detention centers, or 94.3 percent of the national total. This mechanism had
been employed in handling 2,633 complaints from the detainees. In addition,
guest supervisors had been hired in 2,664 detention centers, or 99.2 percent of
the total. In 2012 the procuratorates raised 32,165 suggestions for correction
on law-breaking activities in penalty execution and in custody. The systems of
lawyers and legal assistance keep improving. The amended Criminal Procedure Law clearly defines the role of lawyer as
defender in litigation and requires that in the course of the investigation,
prosecution and trial, if there is a lawyer, his or her advice should be sought
and attached to the case files. This requirement has enlarged the scope of application
of legal assistance to criminal proceedings. After the revision, legal
assistance is offered not only at the trial stage but is extended to all the
processes of investigation, prosecution and trial, and to more recipients. In
2012 more than 2.3 million lawsuits and 280,000 legal assistance cases were
handled by lawyers acting on behalf of the parties concerned. In 2012 more than
one million legal assistance cases were handled in China, and 5.68 million
people received legal counseling, up 56.4 percent and 17.1 percent,
respectively as compared to 2009. |
