三、有效实现各项人权全面发展
III. Fully Developing Human Rights in All Respects文章源自英文巴士-https://www.en84.com/6245.html
文章源自英文巴士-https://www.en84.com/6245.html
改革开放40年来,中国坚持将促进人的全面发展作为人权事业发展的出发点和落脚点,协调推进各项人权全面实现,经济、社会和文化权利保障水平持续提升,公民权利和政治权利保障机制不断加强。文章源自英文巴士-https://www.en84.com/6245.html
文章源自英文巴士-https://www.en84.com/6245.html
Over the past four decades since the launch of reform and opening-up, China has taken all-round development of the human being as the intent and goal of human rights. It has made comprehensive progress in all human rights, ensured economic, social and cultural rights, and enhanced the mechanisms guaranteeing civil and political rights.文章源自英文巴士-https://www.en84.com/6245.html
文章源自英文巴士-https://www.en84.com/6245.html
人民生活水平显著提升。1978年至2017年,中国国内生产总值从3679亿元增至827122亿元;人均国内生产总值从385元增至59660元,扣除价格因素,比1978年增长22.8倍,年均实际增长8.5%。中国人均国民总收入由1978年的200美元提高到2017年的8690美元,超过中等偏上收入国家平均水平。中国城镇和农村居民人均可支配收入分别由1978年的343元、134元增长至2017年的36396元和13432元。2017年,全国居民人均消费支出18322元,扣除价格因素,比1978年实际增长18倍,年均增长7.8%。消费层次由温饱型向全面小康型转变。1978年,城镇和农村居民家庭恩格尔系数分别为57.5%和67.7%,2017年分别下降至28.6%和31.2%。中国的人类发展指数大幅提高,从1980年的0.423提高到2017年的0.752,逐步从低人类发展水平国家跃升至高人类发展水平国家。在1990年处于低人类发展水平组别的47个国家中,中国是目前唯一跻身高人类发展水平组的国家。文章源自英文巴士-https://www.en84.com/6245.html
文章源自英文巴士-https://www.en84.com/6245.html
Significant improvement in people’s lives. Between 1978 and 2017, China’s GDP increased from RMB367.9 billion to RMB82.7 trillion and per capita GDP from RMB385 to RMB59,660, a 22.8-fold increase, or a real growth of 8.5 percent per year adjusted for inflation. Per capita gross national income rose from US$200 in 1978 to US$8,690 in 2017, above the average level of upper middle-income countries. The per capita disposable income of urban and rural residents grew from RMB343 and RMB134 in 1978 to RMB36,396 and RMB13,432 respectively in 2017. In 2017, national per capita consumer spending was RMB18,322, an 18-fold increase over 1978 or a real growth of 7.8 percent per year adjusted for inflation. The country is moving from a society based on subsistence to one based on plenty. The Engel coefficient of urban and rural households in 1978 was 57.5 percent and 67.7 percent, which fell to 28.6 percent and 31.2 percent respectively in 2017. China’s human development index (HDI) value has risen significantly from 0.423 in 1980 to 0.752 in 2017, gradually moving into ranks of countries with higher HDI. Among the 47 bottom-ranked countries measured in 1990, China is the only one to have risen into the ranks of the “high human development” countries.文章源自英文巴士-https://www.en84.com/6245.html
文章源自英文巴士-https://www.en84.com/6245.html
人身人格权保障不断加强。宪法确认了公民人格权。中共十九大再次强调保护人民人身权、财产权、人格权,彰显了保护人格尊严、促进人的全面发展的人文关怀。民法通则和侵权责任法进一步建立了人格权保护体系。民法总则专设“民事权利”一章,其中对人格权作了专门规定。2018年8月,提请审议的民法典各分编草案中,设立了独立的人格权编。废止收容遣送制度和劳动教养制度。大力推进户籍制度改革。2014年,国务院印发关于进一步推进户籍制度改革的意见,进一步放宽了户口迁徙政策限制,促进有能力在城镇稳定就业的常住人口有序实现市民化。2017年,全国户籍人口城镇化率达到42.35%,比2012年提高7个百分点。中共十八大以来,共为1400余万无户口人员办理了落户,全国无户口人员登记户口问题已经基本解决。严格依法保障住宅不受侵犯、通信自由和信息安全。2017年,公安机关开展专项行动,集中办理了一批涉嫌侵犯公民个人信息的案事件,泄露公民个人信息案事件得到有效遏制。
Increased protection of personal rights and right to dignity. The Constitution confirms citizens’ right to dignity. The 19th CPC National Congress again emphasized the protection of personal rights, property rights and right to dignity, demonstrating the humane view of protecting dignity and promoting the all-round development of the human being. General Principles of the Civil Law and Tort Liability Law further establish the system of protection for right to dignity. “Civil rights” as one chapter is included in General Provisions of the Civil Law to elaborate right to dignity. In August 2018, right to dignity as an individual book was contained in the draft Civil Code.
China has abolished the detention and repatriation system and the reeducation through labor system. It is now accelerating the reform of the household registration system. In 2014, Decisions on Furthering the Household Registration Reform released by the State Council relaxed the restriction on the transfer of household registration (hukou), enabling eligible regular residents with stable employment in urban areas to localize their residency. In 2017, the urbanization rate of registered population stood at 42.35 percent, up 7 percentage points over 2012. Since the 18th CPC National Congress, more than 14 million people without hukou have completed household registration, basically bringing the entire population into the hukou system.
Inviolability of residence, freedom of correspondence and information security are fully protected by law. In 2017, the public security agencies launched special programs to handle cases involving invasion of personal information to effectively curb personal information leakage.
财产权受到法律保护。中国宪法规定,公民的合法的私有财产不受侵犯,国家依照法律规定保护公民的私有财产权和继承权;国家保护个体经济、私营经济等非公有制经济的合法的权利和利益。物权法规定,国家、集体、私人的物权和其他权利人的物权受法律保护,任何单位和个人不得侵犯。改革开放以来实施的家庭联产承包责任制是现行中国农村土地制度的基石,农民依法享有土地承包经营权。2014年以来,中国扎实推进农村土地承包经营权确权登记颁证工作,截至2018年6月,31个省(区、市)均开展了承包地确权工作,承包地确权面积达13.91亿亩,建立完善土地承包合同1.89亿份,颁发土地承包经营权证书1.35亿份。中共十九大明确提出,保持土地承包关系稳定并长久不变,第二轮土地承包到期后再延长三十年。
Legal protection of property. The Constitution stipulates that the private property of citizens is inviolable. The state protects citizens’ property rights and right of inheritance by law, as well as the legitimate rights and interests of non-public commercial sectors such as the individual economy and private enterprise. The Property Law specifies that the property rights of the state, collectives, individuals and other legal persons are under the protection of law and shall not be infringed by any unit or individual.
The household contract responsibility system that entitles farmers to manage contracted public-owned land, implemented following reform and opening-up, is the cornerstone of China’s current rural land system. Since 2014, China has made solid efforts to confirm and register the management rights of contracted land, and to issue titles to land in rural areas. By June 2018, 31 provinces (autonomous regions and municipalities directly under the central government) had finished this work, with the total area of contracted land reaching 1.39 billion mu. A total of 189 million land contracts had been signed and improved, and 135 million titles had been issued. The 19th CPC National Congress stated that the land contract relationship should sustain for the foreseeable future, and should be extended for a further 30 years after the second round of contracts expires.
工作权得到有效保障。中国把促进就业放在经济社会发展的优先位置,坚持就业优先战略和更加积极的就业政策,努力实现更高质量和更充分就业。伴随着经济体制改革,劳动就业制度改革不断深化,逐步形成了适应社会主义市场经济要求的就业体制机制。1978年至2017年,中国就业人员从40152万人增至77640万人,年均增长961万人,超过总人口增速。城镇新增就业自2003年建立统计制度以来,年均实现新增就业人数1178万人,城镇登记失业率长期处于低位,城镇调查失业率低于世界平均水平。城镇单位在岗职工年平均工资从1978年的615元增长到2017年的76121元,扣除物价因素,年均增长7.7%。劳动者劳动报酬权、休息休假权、职业安全卫生保护权、女性劳动者特殊劳动保护权、参与企业民主管理等各项权利得到依法保障。全面实施劳动合同制度,稳妥推行集体协商和集体合同制度,建设国家协调劳动关系三方机制,建立健全劳动保障监察制度和劳动人事争议处理制度,切实维护劳动者合法权益。2017年,企业职工劳动合同签订率达到90%。加快构建安全生产预防控制体系,有力保障劳动者工作生产安全。
Effective protection of the right to work. China highlights employment in its economic and social development, advocating a jobs-first strategy and a more proactive employment policy to promote higher-quality jobs and maximum employment. As the economic structure is upgraded, reform of the employment system deepens, gradually putting in place an employment mechanism adapted to the socialist market economy. From 1978 to 2017, China’s employed population increased from 401.52 million to 776.4 million. The average annual growth of 9.61 million is faster than total population growth. Since 2003, when a complete statistical system was put in place, the annual increase of new jobs in urban areas has been 11.78 million, and the registered urban unemployment rate has been low over many years, with the surveyed unemployment rate lower than the world average.
The average yearly income of urban employees rose from RMB615 in 1978 to RMB76,121 in 2017, an annual increase of 7.7 percent in real terms. The right of remuneration for labor, right to rest and leisure, right to occupational safety and health, special right of women workers and the right to participate in the democratic management of businesses are protected by law. The labor contract mechanism, the collective contract mechanism, and collective consultation are all being implemented. A government-trade union-enterprise tripartite coordination mechanism, a labor security supervision mechanism, and a labor dispute settlement mechanism have all been set up to protect the legitimate rights and interests of workers. In 2017, 90 percent of enterprise employees had signed labor contracts. A workplace safety and accident prevention and control system to protect laborers is being implemented and constantly improved.
社会保障权享有日益充分。中国建成了世界上规模最大、覆盖人口最多的社会保障体系,拉动世界社保覆盖率提高11个百分点。截至2018年6月,基本养老保险、失业保险、工伤保险参保人数分别达到9.25亿、1.91亿、2.3亿,包括城镇职工基本医疗保险、新型农村合作医疗保险和城镇居民基本医疗保险在内的基本医疗保险覆盖人口超过13亿;社会保障卡持卡人数达11.5亿人,覆盖全国82.81%人口。中国根据经济社会发展水平等因素,稳步提高各项社会保障水平。自2005年起,连续14年提高企业退休人员基本养老金水平。城乡居民基本医保人均财政补助标准由2012年的240元提高到2018年的490元。借助互联网、大数据等信息技术,不断提高社会保障领域公共服务能力。2016年,国家异地就医结算系统正式上线,实现跨省异地就医持社会保障卡即时结算。
Extended protection of the right to social security. China has built the largest-scale social security system covering the largest population of the world, raising the world social security coverage rate by 11 percentage points. By June 2018, 925 million people had been covered by basic endowment insurance, 191 million by unemployment insurance, and 230 million by work-related injury insurance. The basic medical insurance system providing basic medical insurance for urban workers, basic medical insurance for urban residents, and new-type rural cooperative medical insurance for rural population covers more than 1.3 billion people. A total of 1.15 billion people hold social security cards, representing 82.81 percent of the population.
China is comprehensively improving its social security system based on its economic and social development. It has raised the basic pension of company retirees every year since 2005. Per capita government subsidies for basic medical insurance for urban and rural residents rose from RMB240 in 2012 to RMB490 in 2018. China is improving its capability in offering social security services via information technology such as internet and big data. In 2016, a system was officially launched to provide for real-time settlement of medical expenses for treatment incurred outside the province where the patient resides through the social security card.
受教育权保障水平显著提升。中国大力实施教育优先发展战略,加快推进教育现代化,切实保障公民平等受教育的权利。国家财政性教育经费支出占国内生产总值以不低于4%为目标,2012年至2017年,全国教育经费总投入累计接近21万亿元。国民受教育程度大幅提升,15岁及以上人口平均受教育年限由1982年的5.3年提高到2017年的9.6年,劳动年龄人口平均受教育年限达10.5年。学前教育快速发展。2017年,全国幼儿园数量达25.5万所,比1978年增长55.5%,学前三年毛入园率达79.6%。颁布修订义务教育法,实行九年制义务教育。2017年,全国共有义务教育学校21.9万所,在校生1.45亿人,小学学龄儿童净入学率达99.91%,初中阶段毛入学率达103.5%,九年义务教育巩固率为93.8%,义务教育普及程度已达到世界高收入国家的平均水平。高中阶段教育基本普及。2017年,全国共有高中阶段教育学校2.46万所,在校学生3971万人,比1978年增加2167万人;初中毕业生升学率达94.9%,比1978年提高54个百分点;高中阶段毛入学率达88.3%,已超过世界中高收入国家86.7%的平均水平。高等教育蓬勃发展。2017年,全国共有高校2913所,在校生规模达3779万人,毛入学率达45.7%。建成世界最大规模的职业教育体系,为普及高中阶段教育和推动高等教育大众化作出了重要贡献。
Marked improvement in the protection of the right to education. China has made great efforts in implementing the education-first strategy to modernize education and guarantee equal access to education for all. Government spending on education is targeted to be no lower than 4 percent of GDP. From 2012 to 2017, national expenditure on education totaled close to RMB21 trillion. The level of national education has significantly improved: The average years of schooling for those aged 15 and over rose from 5.3 in 1982 to 9.6 in 2017; the figure for the working-age population reached 10.5.
Rapid progress has been made in preschool education. In 2017, the total number of kindergartens stood at 255,000, an increase of 55.5 percent over 1978, with the gross enrollment rate reaching 79.6 percent. A Compulsory Education Law was formulated and then revised to extend the enforcement of nine-year compulsory education. In 2017, there were 219,000 public schools for compulsory education, accommodating 145 million students. The net enrollment rate of primary school-age children was 99.91 percent, the gross enrollment rate of middle school-age population was 103.5 percent, and the completion rate of compulsory education was 93.8 percent. The availability of compulsory education has reached the average level of high-income countries. Availability of senior secondary education in China is now basically universal. In 2017, there were 24,600 senior high schools nationwide, with a total of 39.71 million students on campus, an increase of 21.67 million over 1978. The rate of students entering high school was 94.9 percent, up 54 percentage points from 1978, and the gross enrollment rate of senior high school-age population was 88.3 percent, higher than the average level of mid- and high-income countries (86.7 percent). Higher education is developing vigorously. In 2017, there were 2,913 universities across the country, with 37.79 million students on campus, representing a gross enrollment rate of 45.7 percent of college-age population. A mass vocational education system has been built, contributing significantly to the popularity of high school education and higher education.
文化权保障充分有效。全国文化事业费投入持续快速增长,由1978年的4.44亿元增至2017年的855.80亿元,增长192.7倍,年均增长14.4%。建立国家基本公共文化服务标准制度,制定《国家基本公共文化服务指导标准(2015-2020年)》。发展公共文化设施,实施免费开放。2017年,全国共有公共图书馆3166个,每万人拥有公共图书馆面积为109平方米,是1978年的12.1倍;公共图书馆共藏书9.7亿册,总流通人次7.45亿次,分别比1979年增长438.9%、856.7%;博物馆4721个,比1978年增长12.5倍;博物馆收藏文物3662.3万件(套),参观人次达9.7亿。推进基本公共文化服务均等化。截至2017年,全国已建成文化馆(站)44521个、村(社区)综合性文化服务中心340560个。创新公共文化服务方式,数字文化服务能力快速提升。2017年,公共图书馆电子图书达10.3亿册,计算机22.1万台,其中供读者使用的电子阅览终端14.43万台;截至2017年,广播、电视节目综合人口覆盖率分别达99.81%和99.07%;全国文化信息资源共享工程和数字图书馆推广计划资源总量近700TB。制定《全民科学素质行动计划纲要(2006-2010-2020年)》《中国公民科学素质基准》,加强科普工作,提升公民科学文化素质。
Full and effective protection of cultural rights. Government funding for cultural undertakings is increasing rapidly, from RMB444 million in 1978 to RMB85.58 billion in 2017, a yearly increase of 14.4 percent. The national public cultural service standards have been established, and the National Guiding Standards for Public Cultural Services (2015-2020) are being introduced. Many public cultural facilities have been opened to the public for free. In 2017, there were 3,166 public libraries nationwide, with 109 sq m of public library space per 10,000 people, an 11.1-fold increase over 1978. These public libraries contained 970 million volumes, and received 745 million visits. The total number of China’s museums stood at 4,721 in 2017, a 12.5-fold increase over 1978. In 2017, they contained 36.62 million items, and received 970 million visitors.
Equal access to public cultural services is an important goal. By 2017, a total of 44,521 cultural centers and 340,560 comprehensive cultural service centers in villages and communities had been set up. Digital cultural services are a new innovation in providing public cultural services. In 2017, public libraries had more than 1 billion ebooks, 221,000 computers, and 144,300 electronic readers. By 2017, the total broadcasting network had covered 99.81 percent of the population, and 99.07 percent had had access to television; the database of the cultural information resources sharing project and the digital library promotion project had amounted to 700 terabytes. The Outline of the National Scheme for Scientific Literacy (2006-2010-2020) and the Benchmark for the Scientific Literacy of Chinese Citizens have been formulated to popularize science and improve the public’s understanding and appreciation of science and culture.
选举权受到法律保障。选举权和被选举权是中国宪法规定的公民基本权利。中国坚持发展社会主义民主政治,保障人人享有平等的选举权利,先后制定全国人民代表大会和地方各级人民代表大会选举法、地方各级人民代表大会和地方各级人民政府组织法等。坚持实行普遍、平等、直接选举和间接选举相结合以及差额选举的原则,宪法规定凡年满18周岁的中国公民,不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况、居住期限,除依法被剥夺政治权利的人外,都有选举权和被选举权。中国根据国情和实际,不断修改选举法,完善选举制度,逐步实现了城乡按相同人口比例选举人大代表,并保证各地区、各民族、各方面都有适当数量的代表。在2016年开始的全国县乡两级人民代表大会换届选举中,共有9亿多选民参选,直接选举产生250多万名县乡两级人民代表大会代表。全国人民代表大会代表的代表性不断增强,在2018年十三届全国人大的2980名代表中,一线工人、农民代表468名,专业技术人员代表613名,妇女代表742名,少数民族代表438名。城乡基层民主有序发展,以城乡村(居)民自治为核心,民主选举、民主协商、民主决策、民主管理、民主监督为主要内容的基层群众自治制度基本建立。截至2017年,全国农村普遍开展了9轮以上村委会换届选举,98%以上的村委会依法实行直接选举,村民参选率达95%;居民委员会换届选举参选率达90%以上。
Legal protection of the right to vote. The right to vote and to stand in elections is a basic right enshrined in the Constitution. China is committed to the development of socialist democracy and ensures that everyone is entitled to an equal right to vote. It has enacted electoral laws for the National People’s Congress and local people’s congresses, and organization laws for local people’s congresses and governments. The principles of universality, equality, direct election, indirect election and competitive election are applied. The Constitution stipulates, “All citizens of the People’s Republic of China who have reached the age of 18 shall have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status and length of residence. Persons who have been deprived of political rights in accordance with the law shall not have the right to vote and stand for election.” China has amended electoral laws and improved the election system to gradually ensure that both rural and urban areas adopt the same ratio of deputies from the represented population in elections of people’s congress deputies, and all regions, ethnic groups and fields have a certain proportion of deputies. In the new elections to the people’s congresses at county and township levels beginning in 2016, a total of 900 million constituents cast votes for more than 2.5 million deputies. The makeup of deputies to the National People’s Congress is becoming more representative. Among the 2,980 deputies to the 13th National People’s Congress in 2018 are 468 front-line workers and farmers, 613 professional and technical personnel, 742 women, and 438 representatives of ethnic minorities.
Orderly development is seen in community-level democracy. A community-level self-governance system is now in place featuring self-governance by urban and rural residents, and democratic election, consultation, decision-making, management and supervision. By 2017, more than nine rounds of villagers committee elections had been held among villages across the nation. More than 98 percent of these had been conducted by direct election, with more than 95 percent of villagers taking part. The participation rate of urban residents in the election of neighborhood committees exceeds 90 percent.
知情权得到充分保障。政务公开制度体系更加完善,平台建设逐步加强。2004年,国务院发布《全面推进依法行政实施纲要》,要求推进政府信息公开,除涉及国家秘密和依法受到保护的商业秘密、个人隐私的事项外,行政机关应该公开政府信息;对公开的政府信息,公众有权查阅;行政机关应该为公众查阅政府信息提供便利条件。2016年2月,中共中央办公厅、国务院办公厅印发《关于全面推进政务公开工作的意见》,全面推行权力清单、责任清单、负面清单公开工作,推动政务服务向网上办理延伸,全国31个省(自治区、直辖市)均已公布省市县三级政府部门权力清单。2015年,实现全国所有省份全部公开省级财政总预算;2017年,公开部门预算的中央部门增加到105个。截至2017年4月,全国县级以上地方各级人民政府共设立政务大厅3058个,覆盖率94.3%;乡镇(街道)共设立便民服务中心38513个,覆盖率96.8%。厂务、村务公开逐步落实。截至2017年9月,全国已建立工会的企事业单位单独建立职工代表大会制度的有500.9万家,区域(行业)职工代表大会制度覆盖企业138.7万家,已建立工会的企事业单位单独建立厂务公开制度的有487.1万家。截至2017年,全国95%的村实现村务公开,94%以上的县制订村务公开目录,91%的村建立村务公开栏。
Full protection of the right to know. Platforms are being improved to make government more open. In 2004, the State Council released the Outline of Comprehensively Advancing Administration in Accordance with the Law, which promotes government transparency and requires administrative organs to disclose government information unless it relates to state secrets, trade secrets under legal protection, and individual privacy. The public is entitled to access disclosed government information, and administrative organs should support this access. In February 2016, the General Offices of the CPC Central Committee and the State Council issued Decisions on Comprehensively Promoting Government Transparency, which introduced a power list, a responsibility list, and a negative list and encouraged administration to move online. As a result, 31 provinces (autonomous regions and municipalities directly under the central government) have released the power lists of governments at provincial, prefectural and county levels. In 2015, all provinces disclosed their overall financial budgets, and in 2017, 105 central government departments disclosed their budgets.
By April 2017, 3,058 administration halls had been set up in local governments at and above the county level, covering 94.3 percent of administrations, and 38,513 service centers had been set up in townships and communities, covering 96.8 percent of administrations. Factory and village affairs are being made transparent. By September 2017, more than 5 million enterprises and public institutions with trade unions had set up congresses of workers and staff, and 1.39 million enterprises were covered by regional (trade) congresses of workers and staff. 4.87 million enterprises and public institutions with trade unions had adopted a system of disclosing information to their employees. By 2017, 95 percent of villages nationwide had made village affairs transparent, more than 94 percent of counties were providing catalogues of disclosed village information, and 91 percent of villages were making village affairs public on information boards.
参与权持续增进。公众参与立法和重大行政决策的渠道不断拓宽。建立健全常态化的法律草案公开征求意见工作机制。自2008年以来,国家立法机关共有139件法律草案向社会公开征求意见,收到59万余人次提出的246万余条意见。自2013年起,在拟订国务院年度立法工作计划过程中,通过发布公告的方式向社会公开征集立法项目建议,并不断拓宽征求意见渠道,丰富征求意见形式。依法保障公民在行政决策中的参与权。健全依法决策机制,把公众参与、专家论证、风险评估、合法性审查、集体讨论决定确定为重大行政决策法定程序,在重大行政决策过程中注重增强公众参与实效、提高专家论证质量,提高决策科学化、民主化、法治化水平。推动协商民主广泛多层制度化开展,不断规范协商内容、协商程序,拓展协商民主形式,增加协商密度,提高协商成效,以事关经济社会发展全局和涉及群众切身利益的实际问题为内容,开展广泛协商。改革开放以来,全国政协共开展2000多项视察调研,收到135111件提案,立案124868件,编刊及转送社情民意信息11688件,大多数提案的建议得到采纳和落实。大量社会组织活跃于城乡社区,提升了人民群众有序表达诉求和自我管理、自我服务的能力和水平,截至2018年9月,全国依法登记的社会组织79.6万个。
Increased right to participate. The channels for public participation in legislation and major administrative decision-making are constantly broadening. A mechanism through which public opinion is consulted in drafting laws has been set up and improved. Since 2008, the state legislatures have solicited public opinion on 139 draft laws, receiving 2.46 million comments from 590,000 people. Since 2013, the government has released announcements inviting responses from the public and expanded channels and multiplied means for soliciting opinions in drawing up plans for the legislation work of the State Council. The citizens’ right to participate in administrative decision-making has been protected by law. A mechanism in which decisions are made in accordance with the law has been improved, which recognizes public participation, expert discussion, risk assessment, legality review and collective discussion as legal procedures in major administrative decision-making. In this process, the effectiveness of public participation is emphasized, and the quality of expert discussion improved to make decision-making more scientific, democratic and law-based.
Consultative democracy is applied extensively as a mechanism at multiple levels. The consultative content and procedure are regulated, and the means, frequency and effect of consultation extended and increased. Extensive consultation is conducted on matters concerning overall economic and social development and related to the vital interests of the people. Since reform and opening-up, the national committee of the Chinese People’s Political Consultative Conference (CPPCC) has conducted over 2,000 investigations and consultations, received 135,111 proposals, recorded 124,868 of them, published and transmitted 11,688 samples of public opinion, and adopted and carried out most of the proposals. By September 2018, there had been 796,000 registered social organizations nationwide. They are active in urban and rural communities and help improve the level and ability of the public to express their demands, and to govern and serve themselves.
表达权实现途径不断丰富。2017年,全国出版各类报纸368亿份,各类期刊26亿册,图书90亿册(张)。截至2018年9月,全国光缆线路总长度达4131万公里,农村宽带用户达到11065万户,移动宽带用户达12.9亿户,移动电话普及率达111.3部/百人。截至2018年6月,全国互联网上网人数达8.02亿,其中手机上网人数达7.88亿,互联网普及率达57.7%,农村地区互联网普及率达36.5%。建立了便捷高效的网络表达平台。着力搭建“信、访、网、电”多元化、立体式信访渠道,为民意诉求表达拓宽通道、提供便利。
Multiple means to guarantee the right of expression. In 2017, a total of 36.8 billion copies of newspapers, 2.6 billion issues of periodicals, and 9 billion copies of books were published. By September 2018, the optical cable nationwide totaled 41.31 million kilometers; there were 110.65 million broadband users in rural areas and 1.29 billion mobile broadband users. Penetration of mobile phones was 111.3 per hundred persons. By June 2018, there were 802 million internet users across the nation, and 788 million of them accessed the internet through mobile phones. Internet usage was 57.7 percent across the country, and 36.5 percent in rural areas. Online platforms have been built to make expression convenient and efficient. Complaints reporting channels have been broadened through letters, visits, internet and telephone to multiply the means for the public to express their demands.
监督权保障体系持续完善。2014年,全国人大修改预算法;2017年,出台《关于建立预算审查前听取人大代表和社会各界意见建议的机制的意见》,推进预算公开和民主监督。2015年,修改立法法,明确规定向审查申请人反馈及社会公开制度,加强公民监督权利。全国人大常委会履行宪法法律监督职责,健全备案审查制度,建立全国统一的备案审查信息平台。十二届全国人大常委会任期内共接受报送备案的规范性文件4778件,对188件行政法规和司法解释逐一进行主动审查,对地方性法规有重点地开展专项审查,认真研究公民、组织提出的1527件审查建议,对审查中发现与法律相抵触或不适当的问题,督促制定机关予以纠正。2012年至2016年,全国人大常委会共开展20次执法检查。2016年至2017年,全国人大常委会检查了食品安全法、安全生产法、环境保护法、道路交通安全法等12部关系人民切身利益的法律的实施情况。人民政协积极探索和完善民主监督机制,就决策执行中的问题提出批评和建议。十二届全国政协视察调研的监督性议题由2015年的12项占11%,增至2017年的20项占28%。实施《深化人民监督员制度改革方案》,进一步加强社会监督。
Continued efforts to improve the right of supervision. The National People’s Congress revised the Budget Law in 2014, and released Decisions on Building a Mechanism of Soliciting Opinions of Deputies to People’s Congresses and the Public Before Budget Review in 2017 to make budgets transparent and place them under democratic supervision. In 2015, the Legislation Law was amended, specifying that it is necessary to respond to the requirement for review and disclose information to increase the citizens’ right to supervise.
The Standing Committee of the National People’s Congress should exercise their supervisory duties over the Constitution and the law, and improve the filing and review system by setting up a national unified platform. The Standing Committee of the 12th National People’s Congress received 4,778 normative documents for filing, reviewed 188 administrative regulations and judicial interpretations item by item, conducted special reviews of targeted local regulations, studied 1,527 review suggestions raised by the public and other organizations, and urged relevant departments to correct problems when they were found to be in conflict with current laws. From 2012 to 2016, the Standing Committee of the National People’s Congress carried out 20 examinations of law enforcement. Between 2016 and 2017, it inspected the enforcement of 12 laws concerning the immediate interests of the public such as Food Safety, Workplace Safety, Environmental Protection, and Road Traffic Safety.
The CPPCC has actively explored and improved the democratic supervision system and offered criticism and suggestions regarding problems arising in implementation. In 2017, the 12th CPPCC National Committee investigated and researched 20 supervisory issues, which accounted for 28 percent of its total investigations and researches. In 2015, the corresponding figures were 12 and 11 percent. The Plan for Deeper Reform of the People’s Supervisor System has been implemented to extend the public’s right of scrutiny.
宗教信仰自由依法得到保障。中国实行宗教信仰自由政策,坚持从本国国情和宗教实际出发,保障公民宗教信仰自由权利,构建积极健康的宗教关系,维护宗教和睦与社会和谐。中国政府依照宪法和法律,支持各宗教坚持独立自主自办原则,各宗教团体、宗教教职人员和信教公民自主办理宗教事业;对涉及国家利益和社会公共利益的宗教事务进行管理,但不干涉宗教内部事务。中共十八大以来,中国全面推进依法治国,把宗教工作纳入国家治理体系,宗教工作法治化水平不断提高。国家对待各宗教一律平等,一视同仁,不以行政力量发展或禁止某个宗教,任何宗教都不能超越其他宗教在法律上享有特殊地位。中国有佛教、道教、伊斯兰教、天主教和基督教等宗教信教公民近2亿,宗教教职人员38万余人,依法登记的宗教活动场所14.4万处,宗教院校共91所。加大宗教教职人员社会保障力度,截至2017年,宗教教职人员医疗保险参保率达96.5%,养老保险参保率达89.6%,符合条件的全部纳入低保,基本实现了社保体系全覆盖。
Legal guarantee for freedom of religious belief. China follows policies on freedom of religious belief. Based on its national and religious conditions, China protects citizens’ right to freedom of religious belief, builds active and healthy religious relationships, and maintains religious and social harmony. The Chinese government, in accordance with the Constitution and the law, supports all religions in upholding the principle of independence and self-management; religious groups, clerical personnel and believers manage their own religious affairs. The state manages religious affairs involving national and public interests, but does not interfere in the internal affairs of religions. Since the 18th CPC National Congress, China has comprehensively promoted the rule of law and included religious work in the national governance system to improve its law-based management. The state treats all religions fairly and equally, and does not exercise administrative power to encourage or ban any religion. No religion is given preferential treatment over other religions to enjoy special legal privileges. The major religions practiced in China are Buddhism, Taoism, Islam, and Catholic and Protestant Christianity, involving a total of nearly 200 million believers and more than 380,000 clerical personnel. At present, there are about 144,000 places of worship registered for religious activities and 91 religious schools in China. Social security for religious clerical personnel has been enhanced. By the end of 2017, 96.5 percent of clerical personnel had been covered by medical insurance, and 89.6 percent by old-age insurance, and all eligible personnel had been covered by subsistence allowance welfare – almost all clerical personnel had been covered by the social security system in China.
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