五、加强党对人权法治化保障的领导
V. Strengthening the CPC Leadership over Legal Protection of Human Rights文章源自英文巴士-https://www.en84.com/4225.html
文章源自英文巴士-https://www.en84.com/4225.html
中国是一个有着13亿多人口的大国，中国共产党是一个有着8900多万党员的大党，在中国的政治生活中，中国共产党居于领导地位。党的领导是中国特色社会主义法治最根本的保证，也是中国实现人权法治化保障的最大优势。中共十八大以来，中国共产党坚持“尊重和保障人权”原则，不断加强和改进党对法治工作的领导，坚持依法执政，坚持依法治国和依规治党有机统一，加强党内法规制度建设，在法治建设的各个关键环节上为推进中国人权法治化保障提供强有力的政治保证。文章源自英文巴士-https://www.en84.com/4225.html
文章源自英文巴士-https://www.en84.com/4225.html
China is a large country with a population of more than 1.3 billion. The CPC is a large party with more than 89 million members. It plays a leading role in the political life of China. CPC leadership provides the fundamental guarantee for the socialist rule of law with Chinese characteristics and is also the strongest means in China’s fight to ensure legal protection of human rights. Since the 18th National Congress, the CPC has continuously strengthened and improved its leadership in building the rule of law by following the principle of “respecting and safeguarding human rights.” It has worked hard in promoting law-based governance of the country, rule-based governance of the Party and intra-Party institution building, providing a strong political base for guaranteeing legal protection of human rights in China in all key areas.文章源自英文巴士-https://www.en84.com/4225.html
文章源自英文巴士-https://www.en84.com/4225.html
将尊重和保障人权纳入依法治国基本方略。中共十八大提出“加快建设社会主义法治国家”，并将“人权得到切实尊重和保障”作为全面建成小康社会的重要目标。中共十八届三中全会提出“推进法治中国建设”并强调“完善人权司法保障制度”。中共十八届四中全会通过《关于全面推进依法治国若干重大问题的决定》，从6个领域、30个方面对科学立法、严格执法、公正司法、全民守法、法治队伍建设、加强和改进党对全面推进依法治国的领导等各方面提出190项重大举措，对加强中国特色社会主义法治体系建设，加快建设社会主义法治国家作出具体部署，明确提出“加强人权司法保障”的各项具体任务。中共十九大提出必须把党的领导贯彻落实到依法治国全过程和各方面，坚持依法治国和依规治党有机统一，成立中央全面依法治国领导小组，加强对法治中国建设的统一领导，维护国家法制统一、尊严、权威，加强人权法治保障，保证人民依法享有广泛权利和自由。文章源自英文巴士-https://www.en84.com/4225.html
文章源自英文巴士-https://www.en84.com/4225.html
Respect for and protection of human rights has been incorporated in the basic strategy of the rule of law. At the 18th National Congress, the CPC decided to “step up efforts to build a socialist country based on the rule of law” and made it clear that achieving the goal that “human rights are fully respected and protected” was an important part of building a moderately prosperous society in all respects. At the Third Plenary Session of the 18th Central Committee, the CPC decided to “promote the rule of law in the country” and emphasized the need to “improve the judicial system to protect human rights”. At the Fourth Plenary Session of the 18th Central Committee, the CPC adopted the “Resolution of the Central Committee of the Communist Party of China on Major Issues Concerning Advancing the All-round Law-based Governance”. This resolution put forward 190 measures in the areas of sound lawmaking, strict law enforcement, impartial administration of justice, and common observance of the law. It also provides for:文章源自英文巴士-https://www.en84.com/4225.html
文章源自英文巴士-https://www.en84.com/4225.html
building a capable workforce dedicated to developing the rule of law;
strengthening and improving the Party’s leadership over efforts to advance the all-round law-based governance of the country;
creating an overall plan for developing a system of socialist rule of law with Chinese characteristics;
building a country of socialist rule of law, and
completing specific tasks to provide “stronger judicial protection of human rights.”
As stated by the central leadership at the 19th CPC National Congress, to ensure that the people enjoy extensive rights and freedoms as prescribed by law we must:
exercise Party leadership at every point in the process and over every dimension of law-based governance;
combine law-based governance of the country and rule-based governance of the Party;
set up a central leading group for advancing law-based governance in all areas to exercise unified leadership over the task of building the rule of law in China;
uphold the unity, sanctity, and authority of China’s legal system, and strengthen legal protection of human rights, and
ensure that people enjoy legitimate rights and freedoms.
坚持依法执政和依规治党。法治是治国理政的基本方式。中国共产党坚持把依法治国基本方略同依法执政基本方式统一起来，把党总揽全局、协调各方同人大、政府、政协、审判机关、检察机关依法依章程履行职能、开展工作统一起来，把党领导人民制定和实施宪法法律同党坚持在宪法法律范围内活动统一起来。制定《中共中央关于加强党领导立法工作的意见》，要求起草政治方面以及重大经济社会方面的法律法规，应经过党中央或者同级党委（党组）讨论。强调坚持民主决策、集体领导原则，集体研究决定立法中的重大问题，使党对立法工作的领导进一步制度化、规范化、民主化。中共十八大以来，中共中央政治局先后多次组织以法治为主题的集体学习，要求党的领导干部做尊法学法守法用法的模范，各级党委要重视法治培训，完善学法制度，提升干部法治素养；要求各级领导干部提高运用法治思维和法治方式的能力，努力以法治凝聚改革共识、规范发展行为、促进矛盾化解、保障社会和谐。中共十八大以来，先后制定或修订《关于新形势下党内政治生活的若干准则》《中国共产党党内监督条例》等具有标志性、关键性、引领性的党内法规，由党章和准则、条例、规则、规定、办法、细则等构成的党内法规制度体系逐步形成。对新中国成立以来至2012年6月期间中央党内法规和规范性文件进行了全面清理，在规范党组织工作、活动和党员行为的1178件党内法规和规范性文件中，经过清理宣布失效369件，废止322件，继续有效487件。
Law-based governance of the country and rule-based governance of the Party have both been upheld. Rule of law is fundamental to the governance of a country. The CPC has:
upheld the basic strategy of rule of law with the basic practice of law-based governance;
exercised overall leadership;
coordinated all efforts so as to ensure that people’s congresses, governments, committees of the Chinese People’s Political Consultative Conference, courts, and procuratorates all perform their duties and carry out their work in accordance with the law and their charters;
worked to ensure that it leads the people in enacting and enforcing the Constitution and the laws, and operated within the confines of the Constitution and the law itself.
The CPC issued the “Opinions of the Central Committee of the Communist Party of China on Strengthening the Party Leadership over Legislation”, requiring that drafting of laws and regulations on politics and other major areas of the economy and society must be deliberated by the CPC Central Committee, or the Party committee or Party leadership group at the same level. Reflecting the need to better define its leadership over legislation and make it more institutional, procedure-based and democratic, the CPC also emphasized the significance and importance of following principles of democratic decision-making and collective leadership, and deciding major legislative issues through collective deliberation. Since the 18th CPC National Congress, the Political Bureau of the CPC Central Committee has organized group study sessions on the rule of law. It requires that Party officials must take the lead in respecting, studying, observing, and applying the law. In addition, Party committees at all levels must ensure training in the rule of law, improve the system for studying the law, and promote awareness of the law among officials. Officials at all levels should develop their ability to think and act based on law, work to reach consensus on reform, promote procedure-based development, resolve conflict, and safeguard social harmony in accordance with the law. Since the 18th National Congress, the CPC has made or revised some key regulations of iconic significance, including the “Guiding Principles for Political Activities Within the Party in the New Era” and the “Regulations of the Communist Party of China on Internal Scrutiny”, gradually forming a system that consists of the Party Constitution, guiding principles, regulations, measures, and implementing rules. The CPC has also reviewed and reorganized its internal regulations and normative documents dating from the founding of the PRC in October 1949 to June 2012. Among 1,178 such regulations and documents, 369 were declared invalid, 322 were abolished, and 487 are still in effect.
支持司法机关依法独立公正行使职权。《中共中央关于全面推进依法治国若干重大问题的决定》提出要完善确保依法独立公正行使审判权和检察权的制度，明确要求各级党政机关和领导干部要支持法院、检察院依法独立公正行使职权。制定《领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究规定》，明确所有干预司法活动、插手具体案件处理的情况都要记录，属于违法干预司法活动、插手具体案件处理的要通报，违法干预造成后果的要追责，保障司法机关依法独立公正行使职权。
The court and the procuratorate must exercise their power independently and impartially in accordance with the law. “The Resolution of the Central Committee of the Communist Party of China on Major Issues Concerning Advancing the All-round Law-based Governance” states that we should improve the system for ensuring the law-based, independent, and impartial exercise of judicial and procuratorial powers, and that Party and government agencies and officials at all levels should support courts and procuratorates in exercising their powers independently and impartially in accordance with the law. The CPC issued the “Regulations on Recording, Circular of Criticism and Accountability of Intervening in Judicial Activities and in Handling of Specific Cases by Officials”, which stipulates that all such interventions must be recorded, officials accused of interventions must be criticized in the form of circular, and officials whose interventions have had consequences should be held accountable. In so doing, the CPC has ensured that the courts and procuratorates exercise their power independently and impartially in accordance with the law.
加强对权力的监督和制约。中共十八大以来，始终坚持加强党内法规制度建设，强化权力运行制约和监督，让人民监督权力，坚持用制度管权管人管事。中共十八届六中全会通过《关于新形势下党内政治生活的若干准则》，明确进一步完善权力运行制约和监督机制，形成有权必有责、用权必担责、滥权必追责的制度安排；规定实行权力清单制度、公开权力运行过程和结果、健全不当用权问责机制、加强对领导干部的监督等；要求党的各级组织和领导干部必须在宪法法律范围内活动，自觉按法定权限、规则、程序办事，决不能以言代法、以权压法、逐利违法、徇私枉法，保证把人民赋予的权力真正用来为人民谋利益。《中国共产党党内监督条例》明确规定，党的领导机关和领导干部特别是主要领导干部是党内监督的重点对象，构建起党中央统一领导、党委（党组）全面监督、纪律检查机关专责监督、党的工作部门职能监督、党的基层组织日常监督、党员民主监督的党内监督体系。中共十九大报告提出，健全党和国家监督体系，深化国家监察体制改革，将试点工作在全国推开，组建国家、省、市、县监察委员会，实现对所有行使公权力的公职人员监察全覆盖；制定国家监察法，依法赋予监察委员会职责权限和调查手段，用留置取代“两规”措施。
Scrutiny and checks on the exercise of power have been strengthened. Since the 18th National Congress, the CPC has continued to develop its institutions, strengthening scrutiny and checks on the exercise of power, granting powers of scrutiny to the public, and providing an institutional framework to manage power, personnel and activities. At the Sixth Plenary Session of the 18th Central Committee, the CPC adopted the “Regulations for Political Activities Within the Party in the New Era.” It states that mechanisms for controlling the exercise of power must be improved, so as to establish institutions which ensure that power comes with responsibility, that the use of power comes with accountability, and that those who abuse power are held to account. It stipulates that powers must be delineated, that the process and results of the exercise of power must be made public, that accountability mechanisms for inappropriate use of power must be reinforced, and that scrutiny over officials must be strengthened. To ensure that the power granted by the people will always be exercised in their interests, it requires that Party organizations and officials at every level must act within the scope of the Constitution and other laws, that they must act within the line of authority, rules and procedures prescribed by law, and must not treat their own word as law, place their own authority above the law, break the law in pursuit of personal interests, or bend the law for favoritism. “The Regulations of the Communist Party of China on Internal Scrutiny” expressly stipulate that internal scrutiny is primarily targeted at the leading organs and officials of the Party, particularly top leaders. The document also states that a sound system of internal scrutiny under the unified leadership of the Central Committee should be established, comprising overall supervision by Party committees or Party leadership groups, specialized supervision by commissions for discipline inspection, functional supervision by Party organs, routine supervision by primary-level Party organizations, and democratic scrutiny by Party members. As stated in the report to the 19th CPC National Congress, we will improve the supervision systems applying to the Party and the state, further reform the national supervision system, and conduct nationwide trials. We will establish supervisory commissions at national, provincial, prefectural, and county levels, ensuring that supervision covers all public servants who exercise public power. We will formulate the National Supervision Law, which will define duties and powers of these supervisory commissions, and their means of investigation. The practice of shuanggui [A form of intra-Party disciplinary action of the CPC that requires a Party member under investigation to cooperate with questioning at a designated place and a designated time.] will be replaced by detention.
坚决惩治腐败保障人民利益。中国共产党以零容忍态度惩治腐败，先后制定修订廉洁自律准则和纪律处分、问责、党内监督、巡视工作等条例，建立了系统性预防和惩治腐败的制度体系。中共十八大以来，中共中央纪委共立案审查省军级以上党员干部及其他中管干部440余人，全国纪检监察机关处分153.7万人，其中厅局级干部8900余人，县处级干部6.3万人，涉嫌犯罪被移送司法机关处理5.8万人。在强有力的执纪震慑下，2016年有5.7万名党员干部主动交代违纪问题。自2014年初至2017年8月，全国共有6100余个单位党委（党组）、党总支、党支部，300余个纪委（纪检组）和6万余名党员领导干部被问责。组织开展12轮中央巡视，对277个地方、部门和单位的党组织进行巡视，对16个省区市开展“回头看”，对4个单位进行“机动式”巡视，实现党的历史上首次一届任期内中央巡视全覆盖。中央纪委设立47家派驻纪检组，实现对139家中央一级党和国家机关派驻监督全覆盖。2016年国家统计局问卷调查结果显示，人民群众对党风廉政建设和反腐败工作的满意度从2013年的81%增长到2016年的92.9%。
We have fought resolutely against corruption in order to guarantee people’s interests. The CPC has shown zero tolerance in the fight against corruption. It has revised codes about clean conduct, and regulations on disciplinary punishment, accountability, intra-Party scrutiny, and inspection tours, creating a framework for systematically preventing and combating corruption. Since the 18th CPC National Congress, the CPC Central Commission for Discipline Inspection has investigated more than 440 Party-member officials at or above the provincial level and other officials registered at and supervised by the CPC Central Committee. Commissions for discipline inspection and departments of supervision around the country have dealt with 1,537,000 people, including 8,900 at bureau level and 63,000 at county level, and 58,000 cases of suspected criminal activity have been transferred to the judiciary. This strong enforcement has acted as a powerful deterrent. In 2016, 57,000 Party-member officials took the initiative to confess their violations of Party discipline. From the beginning of 2014 to August 2017, more than 6,100 Party committees or Party leadership groups, general branches and branches, more than 300 discipline inspection commissions or teams, and more than 60,000 Party-member officials were held accountable throughout the country. The Central Commission for Discipline Inspection has organized 12 rounds of inspection tours, including inspection of Party organizations in 277 local governments, departments and entities, “return inspections” of 16 provinces, autonomous regions and municipalities directly under the central government, and “flexible inspections” of four entities. For the first time in its history, the CPC achieved full coverage of central inspection tours during a single term of office of central leadership. The Central Commission for Discipline Inspection set up 47 dispatched resident teams, covering all the 139 central-level departments of the Party and the government. According to a 2016 survey of the National Bureau of Statistics, the CPC effort to improve Party conduct, uphold integrity, and combat corruption saw the index of public satisfaction with this initiative rise from 81 percent in 2013 to 92.9 percent in 2016.
