五、人身权利 V.
Rights of the Person
生命健康权、人身自由权、人格尊严权等人身权利的保护状况，是衡量一个国家人权保护水平的最重要的标尺之一。2013年，中国废止劳动教养制度，采取专项行动打击拐卖犯罪、查找解救被拐妇女儿童，依法惩处严重侵害公民人身权利的犯罪，完善冤假错案防止、纠正机制，多措并举保障犯罪嫌疑人、被告人和被羁押人的人身权利，加大安全生产、食品药品等重点领域执法力度，公民人身权利得到切实保障。
The effectiveness of a country’s
protection of its citizens’ rights of life and health, of personal liberty, of
personal dignity and other rights of the person is one important gauge of
examining that nation’s human rights protection effort. In 2013 China abolished
the reeducation through labor system, waged special campaigns against human
trafficking, searched for and rescued abducted and trafficked women and
children, punished serious violations of its citizens’ rights of the person in
accordance with the law, improved the mechanism for preventing and rectifying
unjust, false and erroneous charges, took various measures in ensuring the
rights of suspects, defendants and detainees, and strengthened law-enforcement
in key areas such as workplace safety, and food and drug production,
effectively safeguarding the Chinese citizens’ rights of the person.
在中国，实行了50多年的劳动教养制度在特定条件下为维护社会治安秩序、确保社会稳定、教育挽救违法人员发挥了积极作用。随着治安管理处罚法、禁毒法等法律的施行和刑法的不断完善，以及相关法律的有机衔接，劳动教养制度的作用逐渐被取代，劳动教养措施的使用逐年减少。自2013年3月起，各地基本停止使用劳动教养。2013年12月28日全国人大常委会通过废止有关劳动教养法律规定的决定，废止了劳动教养制度；并对正在被依法执行劳动教养的人员，解除劳动教养，剩余期限不再执行。
With over 50 years of operation
in China, the system of reeducation through labor played a positive role in
protecting public security, maintaining social order, ensuring social
stability, and educating and rescuing lawbreakers in certain historical
circumstances. But over time its functions were gradually replaced with the
implementation of laws such as the Law on
Penalties for Administration of Public Security and the Law on Narcotics Control, and also with
the improvements in the Criminal Law. Also, as the relevant laws became increasingly
applicable in cases of reeducation through labor, the correction system played
a lesser role over the years. Since March 2013 the system has been basically
suspended in China. On December 28, 2013 the Standing Committee of the NPC
passed a decision on abolishing legal provisions pertaining to reeducation
through labor, putting an end to the system. It was also decided that persons
who were receiving reeducation through labor as prescribed by law should be
released and exempted from their remaining terms.
妇女儿童的人身权利得到有效保障。国家制定实施《中国反对拐卖人口行动计划（2013-2020年）》。2013年，全国共侦破拐卖妇女案件5,126起、拐卖儿童案件2,765起；利用全国公安机关打拐DNA信息系统为631名儿童找到亲生父母。制定依法惩治性侵害未成年人犯罪的意见，严厉打击性侵幼女、校园性侵等犯罪行为，起诉拐卖妇女儿童犯罪嫌疑人2,395人。
The rights of the person of women
and children have been effectively protected. The state has implemented China’s Action Plan against Human
Trafficking (2013-2020). In 2013 China cracked 5,126 and 2,765 cases of
abducted and trafficked women and children, respectively, and united 631
abducted children with their biological parents through the DNA database
network of public security organs. The state has issued opinions on punishing
crimes of sexually assaulting minors, in accordance with the law, and
rigorously cracks down upon such crimes as sexually assaulting girls under the
age of 14 and teachers sexually assaulting students. In 2013 criminal charges
were pressed against 2,395 persons suspected of abducting and trafficking women
and children.
精神障碍患者人身自由等权利得到特别保护。精神卫生法于2013年5月1日开始实施，精神障碍的住院治疗实行自愿原则和尽可能限制非自愿医疗原则，禁止利用约束、隔离等保护性医疗措施惩罚精神障碍患者，医疗机构不得强迫精神障碍患者从事生产劳动。
Special emphasis has been given
to the protection of the rights of the person of people with mental disorders.
The Law on Mental Health came into
effect May 1, 2013, and applies the principles of free will and restriction on
involuntary hospitalization for patients with mental disorders. It is
prohibited to use constraints and isolation and other protective measures as
means for punishing mentally disturbed patients, and medical institutions are
not allowed to force their patients with mental disorders to engage in
production or other kinds of labor.
依法惩处严重影响人民群众安全感、侵害公民人身权利的犯罪。2013年，全国各级检察机关批准逮捕严重暴力犯罪、黑恶势力犯罪、多发性侵财犯罪、毒品犯罪嫌疑人500,055人，提起公诉580,485人。各级人民法院全年审结杀人、抢劫、绑架、爆炸、强奸、拐卖妇女儿童、黑社会性质组织犯罪等案件25万件，判处罪犯32.5万人。
The state punishes crimes
seriously undermining the people’s sense of security and infringing upon the
citizens’ rights of the person. In 2013 China’s procuratorial organs at all
levels issued arrest warrants for 500,055 persons suspected of severe violent
crimes, gang crimes, repeated crimes against property, and drug dealing. A
total of 580,485 persons were indicted for criminal acts. People’s courts at
all levels concluded 250,000 cases of homicide, robbery, kidnapping, explosion,
rape, trafficking of children and women, and gang-related organized crime,
convicting 325,000 persons.
防止和纠正冤假错案的措施进一步加强。2013年,公安部发布《关于进一步加强和改进刑事执法办案工作，切实防止发生冤假错案的通知》等文件，深化错案预防制度机制建设，加强对执法办案全方位、全过程、即时性监督，从源头上防止冤假错案的发生。最高人民检察院发布《关于切实履行检察职能，防止和纠正冤假错案的若干意见》，健全检察环节错案发现、纠正、防范和责任追究机制；严把事实关、证据关、程序关和法律适用关，对侦查机关不应当立案而立案的，督促撤案25,211件；对滥用强制措施、违法取证、刑讯逼供等侦查活动违法情形，提出纠正意见72,370件次；对证据不足和不构成犯罪的，决定不批捕100,157人、不起诉16,427人。保障犯罪嫌疑人诉讼权利和律师执业权利，监督纠正指定居所监视居住不当606件，监督纠正阻碍辩护人行使诉讼权利案件2,153件。加强羁押必要性审查，对不需要继续羁押的23,894名犯罪嫌疑人建议释放或者变更强制措施。注重保障被羁押人员合法权益，监督纠正刑罚执行和监管活动中的违法情形42,873件次；督促清理久押不决案件，监督纠正超期羁押432人次。最高人民法院发布关于适用刑事诉讼法的司法解释共548条，这是新中国成立以来条文最多的司法解释。非法证据排除、上诉不加刑等保护当事人各项诉讼权利的原则得以细化落实。2013年10月9日，最高人民法院发布了《关于建立健全防范刑事冤假错案工作机制的意见》，坚持疑罪从无原则，规定对定罪证据不足的案件，应当依法宣告被告人无罪；采用刑讯逼供等非法方法收集的供述，应当排除；未在规定的办案场所讯问取得的供述，未依法对讯问进行全程录音录像取得的供述，以及不能排除以非法方法取得的供述，应当予以排除。确保无罪的人不受刑事追究。全年各级法院依法宣告825名被告人无罪，并对在申诉中发现的冤假错案，依法予以再审改判。
Measures for preventing and
rectifying unjust, false and erroneous charges have been further strengthened.
In 2013 the Ministry of Public Security issued the Notice on Further Strengthening and Improving the Criminal Enforcement
and Case Handling, and Effectively Preventing Unjust, False and Erroneous
Charges and other related documents, in an effort to improve the system for
preventing erroneous charges, reinforce supervision over law enforcement and
case handling in an all-around, real-time manner that covers the whole
procedure, and prevent unjust, false and erroneous charges at the source. The
Supreme People’s Procuratorate issued the Opinions
on Diligently Performing Procuratorial Duties and Preventing and Rectifying
Unjust, False and Erroneous Charges, and strives to improve the mechanism
for identifying, correcting and preventing erroneous charges during the
procuratorial phase and also the accountability system. It exercises strict
supervision over case handling, to ensure that the facts are accurate, evidence
genuine, procedures correct and laws applicable. In 2013 the Procuratorate
supervised the withdrawal of 25,211 ineligible charges filed by organs of
investigation; and rectified 72,370 occasions of misuse of coercive measures,
collection of evidence by illegal means and extortion of confession by torture;
decided against arrest on 100,157 occasions and against prosecution on 16,427
persons for lack of evidence and for cases that did not constitute crimes. The
Procuratorate protects the right of action of suspects and the right of
practice of lawyers. In 2013 it supervised the correction of 606 cases of
improper surveillance of suspects who were confined to designated residences,
and 2,153 cases of obstructing the exercise of the right of action by
defenders; strengthened the examination of necessity for detention, and advised
the release of or change of coercive measures for 23,894 suspects. The
Procuratorate attaches importance to protecting the legitimate rights and
interests of detainees. In 2013 it supervised the correction of violations of
law during the execution of penalties and supervision activities on 42,873
occasions, urged the closing of long-pending cases with suspects in prolonged
detention, and supervised the correction of extended custody on 432 occasions.
In 2013 the Supreme People’s Court issued 548 judicial interpretations on the
application of the Criminal Procedure Law—the
most judicial interpretations to a law since the founding of the People’s
Republic of China in 1949. The exclusion of illegal evidence, the principle of
no additional penalty for making appeals and other principles that protect the
litigation right of defendants have been implemented with detailed measures. On
October 9, 2013 the Supreme People’s Court issued the Opinions on Establishing and Improving the Working Mechanism for
Preventing Unjust, False and Erroneous Criminal Charges. Adhering to the
principle of assuming innocence until proven guilty, the Opinions stipulate that the defendants should be acquitted in
accordance with the law in case of insufficient incriminating evidence;
confession extorted by torture or other illegal means should be excluded, as
should confession obtained from interrogation sessions conducted at
undesignated sites, from interrogation sessions the whole procedure of which is
not videotaped, and from interrogation sessions in which the possibility of the
use of illegal means cannot be ruled out. The Court ensures that innocent
persons are not held criminally liable. In 2013 the people’s courts at all
levels acquitted a total of 825 defendants in accordance with the law, and ran
retrials of unjust, false and erroneous charges discovered during appeal and
quashed the original judgments in these cases.
犯罪嫌疑人、被告人和被羁押者的人身权利得到更好保障。2013年，公安部制定《公安机关执法办案场所办案区使用管理规定》，规范办案区的使用和管理，严格实行讯问询问过程录音录像制度；实施新的《看守所建设标准》，深入推行看守所医疗卫生社会化，要求所有看守所都要向社会开放，提高执法工作透明度。人民检察院按照“全面、全程、全部”原则，进一步完善了同步录音录像制度，切实保障犯罪嫌疑人的合法权利。
Protection of the rights of the
person of criminal suspects, defendants and detainees has been enhanced. In
2013 the Ministry of Public Security issued the Regulations on the Use and Administration of Areas and Sites for Law
Enforcement and Case Handling by Public Security Organs, which stipulates
the use and administration of areas for case handling, with a strict code for
audio- and video-recording interrogation and inquiry sessions. The Ministry
adopted a new version of the Standards
for Building Detention Centers, vigorously promoted the use of social
resources for detainees’ medical care, and required all detention centers to be
made open to the public to ensure a higher level of transparency of law
enforcement. The people’s procuratorates further improved synchronized audio-
and video-recording system, effectively protecting the legitimate rights of
suspects.
针对生产生活领域存在的威胁人民群众生命与健康安全的因素，国家加大了相关工作力度。立法部门针对人身安全领域的突出问题完善了相关法律。全国人大常委会制定了特种设备安全法，重点强化了特种设备生产安装、经营使用、维护保养、检验检测等全过程监管，确立了特种设备身份管理制度、质量责任追溯制度、产品召回和报废制度等，依法加强特种设备安全监管，保护人民群众生命财产权。执法部门持续强化全国重点行业领域安全排查治理工作，全年共排查治理隐患681.5万项，整改率97.9%。加大事故查处和挂牌督办力度，查处重特大事故44起，结案周期同比缩短109天，并及时公布事故调查报告。检察机关同步介入重特大事故调查，立案侦查火灾、矿难等事故背后的失职渎职、受贿等职务犯罪案件1,066人。国家高度重视食品药品安全，制定实施有关司法解释，依法惩处危害食品药品安全犯罪。各级检察机关全年起诉制售有毒有害食品、制售假药劣药等犯罪嫌疑人10,540人，最高人民检察院对785起危害食品药品安全犯罪案件挂牌督办。各级法院审结相关案件2,082件，判处罪犯2,647人。
The state strengthened its
efforts to defuse threats to people’s security and health in their work and
life. The legislature improved relevant laws for dealing with key problems
related to personal safety, and the Standing Committee of the NPC enacted the
Law on Special Equipment Safety, strengthening supervision and control over the
whole process of the manufacturing and installation, operation and utilization,
maintenance and care, and examination and testing of special equipment. The Law
established an identity management system, an accountability system of product
quality, and a recall and scrap system for special equipment, strengthening
supervision of special equipment safety in accordance with the law so as to
protect the people’s rights of life and property. Departments of law
enforcement continued to strengthen their troubleshooting effort in focus
industries and areas, defusing hidden dangers on 6.815 million occasions with a
correction rate of 97.9 percent in 2013. More effort was put into the
investigation of accidents and a time limit was set for the cracking of related
cases under the supervision of relevant authorities, and 44 cases of serious
and major accidents were investigated and handled. The average period for
closing a case was 109 days shorter on a year-on-year basis, and investigation
reports of accidents were made public in a timely manner. Procuratorial organs
conducted immediate intervention in the case of serious and major accidents,
and investigated cases of dereliction of duty, malfeasance, bribery and other
power-abuse crimes behind fires and mining accidents, with a total of 1,066
persons investigated. The state attaches great importance to food and drug
safety, and has issued relevant judicial interpretations for punishing crimes
that harm food and drug safety in accordance with the law. In 2013
procuratorial organs at all levels pressed charges against 10,540 persons
suspected of manufacturing and selling poisonous or hazardous food, adulterant
drugs or drugs of inferior quality, and the Supreme People’s Procuratorate set
time limit to urge the handling of 785 cases of crimes that menaced food and
drug safety. The people’s courts at all levels concluded 2,082 relevant cases,
with 2,647 persons convicted. |
