五、全面加强人权法治建设
V. Comprehensively Promoting the Rule of Law for Human 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
改革开放40年来,从加强法制到依法治国再到全面依法治国,中国将人权保障贯穿于科学立法、严格执法、公正司法、全民守法诸环节,努力建设社会主义法治国家,人权法治化保障水平不断迈上新台阶。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 four decades since the launch of reform and opening-up, from strengthening the legal system, to governing the country by law, and thence to comprehensively promoting the rule of law, China has worked hard to protect human rights throughout. It has endeavored to ensure that a well-conceived approach is taken to legislation, that law is strictly enforced, that justice is impartially administered, and that the law is observed by everyone. Striving to build a socialist country under the rule of law, it has made new progress in the legal protection of human 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
(一)构建了较为完备的人权保障法律规范体系文章源自英文巴士-https://www.en84.com/6245.html
文章源自英文巴士-https://www.en84.com/6245.html
- Establishing the Legal Framework to Protect Human Rights
文章源自英文巴士-https://www.en84.com/6245.html
中国逐步建立了以宪法为核心,以宪法相关法、民法商法等多个法律部门的法律为主干,由法律、行政法规、地方性法规等多个层次的法律规范构成的中国特色社会主义法律体系,涵盖人权保障各层面的法律法规已经比较完备。文章源自英文巴士-https://www.en84.com/6245.html
China has gradually established a socialist legal framework with Chinese characteristics. In this framework, the Constitution is at the core, and laws related to the Constitution, the Civil Law, the Commercial Law, and other legal departments are the main body, covering laws, administrative regulations, and local laws and regulations at multiple levels. The laws and regulations covering all levels of human rights protection are relatively complete.
保障公民及政治权利的法律规范不断完善。立法法规定,有关犯罪和刑罚、对公民政治权利的剥夺和限制人身自由的强制措施和处罚、司法制度等事项,只有全国人大及其常委会有权立法。刑法确立罪刑法定原则、适用刑法人人平等原则、罪责刑相适应原则,刑事诉讼法将“尊重和保障人权”写入总则,明确规定无罪推定原则、非法证据排除规则,既依法打击侵犯公民生命、健康、自由、财产等权利的犯罪行为,又重视保护犯罪嫌疑人、被告人和罪犯依法享有的人权。选举法、集会游行示威法、民族区域自治法以及宗教、信访、出版、社团登记等方面的行政法规,对保障公民及政治权利作出了明确规定。国家安全法、反间谍法、反恐怖主义法、网络安全法、国家情报法、核安全法等法律,为维护公民人身财产安全、公共安全和国家安全提供坚实的法制保障。
The legal norms guaranteeing civil and political rights have been improved. The Legislation Law stipulates that only the National People’s Congress and its Standing Committee have the power to legislate on matters concerning criminal offences and penalties, compulsory measures and penalties involving deprivation of a citizen’s political rights or restriction of personal freedom, the justice system, and others.
The Criminal Law establishes three principles: 1) Any act deemed by explicit stipulations of law as a crime should be prosecuted and punished as such, and any act not deemed by explicit stipulations of law as a crime is not to be prosecuted or punished. 2) Everyone is equal before the law in committing crime. No one is permitted to have privileges to transgress the law. 3) The severity of punishments must be commensurate with the crime committed by an offender and the criminal responsibility is to be borne by the offender.
The Criminal Procedure Law contains in its General Provisions the principle to “respect and protect human rights”. It also clearly stipulates the principle of presumption of innocence and the rules for the exclusion of illegal evidence. It proscribes criminal acts infringing upon citizens’ rights to life, health, freedom, property, etc. by law, while attaching importance to protecting the human rights enjoyed by criminal suspects, accused persons, and criminals in accordance with the law.
保障经济社会文化权利的法律规范更加健全。制定民法通则、民法总则等民事法律,保障公民人身权、人格权、财产权。制定就业促进法、劳动合同法、工会法、职业病防治法等法律,保障公民劳动权。出台社会保险法,建立并完善统筹城乡的社会保障体系,落实社会保障权。制定食品安全法、药品管理法、传染病防治法、中医药法、体育法、全民健身条例等法律法规,保护公民生命权、健康权。制定修订教育法、义务教育法、高等教育法、教师法等法律,推动教育均衡发展,保障公民受教育权。制定文物保护法、非物质文化遗产法、公共文化服务保障法、电影产业促进法、公共图书馆法、博物馆条例、公共文化体育实施条例等法律法规,丰富公共文化服务内容,保障公民文化权益的实现。逐渐完善以专利法、商标法、著作权法为核心的知识产权法律法规体系,依法保障无形财产权利,不断加大知识产权保护力度,激发创新主体积极性,促进知识产权运用。制定环境保护法、大气污染防治法、土壤污染防治法、水污染防治法、海洋环境保护法、水土保持法等生态环境法律法规,建立环境侵权诉讼和公益诉讼程序规则,为人民享有环境权利提供牢固法律保障。
The Election Law, Law on Assemblies, Processions and Demonstrations, Law on Regional Ethnic Autonomy, and administrative regulations on religion, letters and visits, publishing, and association registration have clear articles on the protection of civil and political rights.
The National Security Law, Counter-Espionage Law, Counter-Terrorism Law, Cyber Security Law, National Intelligence Law, Nuclear Safety Law and other laws provide a solid legal basis for guaranteeing personal and property security, public security and national security.
The legal norms guaranteeing economic, social and cultural rights have been improved. China has enacted the General Principles of the Civil Law, General Provisions of the Civil Law and other civil laws to protect citizens’ personal rights, right to dignity, and property rights.
It has enacted the Employment Promotion Law, Labor Contract Law, Trade Union Law, Law on the Prevention and Control of Occupational Diseases, and other laws to guarantee citizens’ labor rights.
It has promulgated the Social Insurance Law, and established a sound social security system for urban and rural development, ensuring citizens’ right to social security.
It has formulated the Food Safety Law, Pharmaceutical Administration Law, Law on Prevention and Control of Infectious Diseases, Law on Traditional Chinese Medicine, Law on Physical Culture and Sports, Regulations on National Fitness, and other laws and regulations to protect citizens’ right to life and health.
It has enacted and revised the Education Law, Compulsory Education Law, Higher Education Law, Teachers Law and other laws to promote balanced development of education and protect citizens’ right to education.
It has formulated the Cultural Relics Protection Law, Intangible Cultural Heritage Law, Public Cultural Service Guarantee Law, Film Industry Promotion Law, Law on Public Libraries, Regulations on Museums, and Regulations on Public Cultural and Sports Facilities, and other laws and regulations to enrich public cultural services and extend citizens’ cultural rights and interests.
It has gradually improved the legal system of intellectual property protection with the Patent Law, Trademark Law and Copyright Law at the core in the efforts to protect by law intangible property rights, strengthen intellectual property protection, motivate subjects of innovation, and promote application of intellectual property rights.
It has enacted the Environmental Protection Law, Atmospheric Pollution Prevention and Control Law, Soil Pollution Prevention and Control Law, Water Pollution Prevention and Control Law, Marine Environment Protection Law, Water and Soil Conservation Law, and other environmental laws and regulations, and established procedures and rules for environment-related tort litigation and public interest litigation to provide a solid basis for guaranteeing people’s environmental rights.
(二)形成严格公正的人权保障执法体系
- Establishing a Strict and Impartial Law Enforcement System for Human Rights Protection
中国不断强化依法行政,通过建设职能科学、权责法定、执法严明、公开公正、廉洁高效、守法诚信的法治政府,将人民权益得到切实有效保障作为法治政府的衡量标准和最终目标,在严格执法、执法为民中尊重和保障人权。
China has constantly strengthened law-based administration. By building a law-based government that has well-conceived functions and statutorily-defined powers and responsibilities, strictly enforces the law, and is open and impartial, clean and efficient, and credible and law-abiding, it has made the effective protection of people’s rights and interests a criterion and an ultimate goal of government. It respects and protects human rights in strictly enforcing the law on behalf of the people.
依法确定行政权力界限。确立法无授权不可为的行政执法原则,实施权力清单、责任清单制度,禁止法外设权、违法用权。行政诉讼法为监督行政机关依法行使权力和维护公民合法权利提供明确法律依据,自颁布实施以来,平均每年受理行政案件10万余件。持续深化“放管服”改革,加快转变政府职能,削减国务院部门行政审批事项,彻底终结非行政许可审批,大幅减少中央政府层面核准的企业投资项目、行政审批中介服务事项、职业资格许可和认定等。
Delimiting administrative power in accordance with the law. China has established a principle for administrative law enforcement that administrative bodies should not do things not mandated by law, introduced a list of well-defined government powers and a list of responsibilities, and prohibited any power not provided for by law, or any illegal use of power. The Administrative Litigation Law provides a clear legal basis for supervising administrative bodies’ exercise of powers in accordance with the law and safeguarding the legitimate rights of citizens. Since the law was enacted and came into force, on average more than 100,000 administrative cases have been accepted each year. In its effort to improve governance, China has accelerated the transformation of government functions, streamlining administration and delegating power to the lower levels, exercising better supervision over the market, and providing efficient services to business. It has cut down the number of items subject to administrative examination and approval by the State Council departments, completely ruled out examination and approval for non-administrative licenses, and substantially reduced enterprise investment projects subject to approval by central authorities, intermediary services subject to administrative examination and approval, and licensing and recognition of professional qualifications.
不断完善行政执法程序。建立健全行政裁量权基准制度,细化行政裁量标准,规范裁量范围、种类、幅度。健全行政执法调查取证、告知、罚没收入管理等制度,明确听证的适用条件,严格执行重大行政执法决定法制审核制度,全方位实施政府法律顾问制度。推行行政执法公示制度和执法全过程记录制度,实现全过程留痕和可回溯管理。加强行政执法信息化建设和信息共享,推动建立统一的行政执法信息平台,完善网上执法办案及信息查询系统。
Improving procedures for administrative law enforcement. China has established a sound system of benchmarks for administrative discretion, specifying the standards for administrative discretion as well as defining its scope, categories, and scale. It has improved the systems for conducting investigations, collecting evidence, notifying people subject to the administrative law enforcement of their right, managing confiscated income, and other areas of administrative law enforcement, clarified the conditions applicable to hearings, strictly implemented the system for reviewing the legality of major administrative law enforcement decisions, and carried out the system of creating legal counsel teams in government departments at all levels. It has implemented a system of disclosing information on administrative law enforcement and a system for recording the entire enforcement process so that every case of such enforcement is traceable. It has strengthened IT application and information-sharing in administrative law enforcement, worked to establish a unified information platform for administrative law enforcement, and improved the online case handling and information inquiry system.
深入推进严格规范公正文明执法。大力推进执法规范化建设,规范执法权力运行,着力推进执法公开,构建高效、便捷、公正、透明的执法机制。完善执法质量考评和责任追究机制,有效规范执法人员执法行为,保障行政管理相对人合法权益。开展综合行政执法体制改革试点,整合执法职能部门,推行综合执法,加大对重点领域的执法力度。健全行政执法人员资格管理制度,将通过全国统一法律职业资格考试作为部分行政执法人员的任职条件。全面建设法治公安,着力提升民警执法素质,实行民警执法资格等级考试制度,截至2018年9月,全国公安机关在职民警共有170.04万人取得基本级执法资格,4.77万人取得高级执法资格。
Promoting strict, procedure-based, impartial and non-abusive law enforcement. China has made great efforts to regulate the exercise of law enforcement powers, promoted transparency in law enforcement, and worked hard to build an efficient, convenient, fair and transparent law enforcement mechanism. It has improved the mechanisms of quality evaluation and accountability of law enforcement, effectively regulating law enforcement officials’ conduct and protecting the legitimate rights and interests of persons or parties subject to their actions. It has carried out pilot reforms of the comprehensive administrative law enforcement system, integrated law enforcement functional departments, promoted comprehensive law enforcement, and strengthened law enforcement in key areas.
China has improved the qualification management system for administrative law enforcement personnel, and required defined personnel to pass the unified national qualification exam of legal profession. It has worked hard on every aspect of a law-abiding public security system and the quality of law enforcement by police, and it has implemented the system of qualification exams for law enforcement police officers. By the end of September 2018, 1,700,400 police officers all over the country had basic-level certification for law enforcement and 47,700 had gained upper-level certification.
(三)有效提升人权司法保障水平
- Effectively Enhancing Judicial Protection of Human Rights
中国以宪法、人民法院组织法、人民检察院组织法以及相关诉讼法为法律依据,建立健全公安机关、检察机关、审判机关、司法行政机关各司其职,侦查权、检察权、审判权、执行权相互配合、相互制约的司法体制机制,加强人权司法保障,完善国家赔偿制度、司法救助制度,坚持司法为民,努力让人民群众在每一个司法案件中都感受到公平正义。
Based on the Constitution, Organic Law of the People’s Courts, Organic Law of the People’s Procuratorates, and relevant procedure laws, China has put in place sound judicial institutions by which public security organs, procuratorial organs, judicial organs, and judicial administrative organs perform their own functions, and cooperate and check each other in the exercise of the investigative, procuratorial, judicial, and enforcement powers. China has strengthened judicial protection of human rights, improved the state compensation system and judicial assistance system, put people first in its judicial system, and endeavored to embody fairness and justice in each and every legal case.
在深化司法改革中推进人权司法保障。先后发布四个“人民法院五年改革纲要”和三个“人民检察院检察改革三年意见”。中共十八届三中全会和十八届四中全会把加强和完善人权司法保障纳入全面深化改革和全面推进依法治国战略布局。保障人民法院、人民检察院依法独立公正行使审判权、检察权,实行人财物省级统一管理,设立最高人民法院巡回法庭,设立跨行政区划人民法院和人民检察院。实行法官检察官员额制,司法人员正规化、专业化、职业化水平进一步提升。实行立案登记制,保障当事人诉权。推进以审判为中心的诉讼制度改革,保证庭审在公正裁判中发挥决定性作用。实行司法责任制,加强对司法活动的监督。改革和完善人民陪审员制度,促进司法公正,提升司法公信力。建成审判流程、庭审活动、裁判文书、执行信息四大公开平台,深化司法公开。
Promoting judicial protection of human rights in extended judicial reform. China has issued four outlines for five-year reform of the people’s courts and three decisions on three-year reform of the people’s procuratorates. The 18th CPC Central Committee incorporated the need to strengthen and improve judicial protection of human rights into the plan of deeper-level reform at the Third Plenary Session, and into the plan of comprehensively advancing the rule of law at the Fourth Plenary Session. It has enabled the people’s courts to exercise judicial power and people’s procuratorates to exercise procuratorial power independently and impartially in accordance with the law. It has carried out unified management of personnel and financial assets at provincial level. The Circuit Court of the Supreme People’s Court has been set up, and people’s courts and people’s procuratorates across administrative boundaries have been established. China has adopted a quota system for judges and procurators, enabling judicial personnel to be more regularized and professional.
China has implemented a case docketing and registration system to protect the rights of the parties concerned. It has further reformed the trial-centered litigation system to ensure that court trials play a decisive role in impartial adjudication, and implemented the judicial responsibility system to strengthen supervision over judicial activities. China has reformed and improved the system of people’s jurors to promote judicial justice and enhance judicial credibility. It has established four major platforms for releasing information on judicial process, trials, written judgments, and the execution of judgments to promote judicial openness.
保障当事人获得公正审判的权利。充分保障犯罪嫌疑人和被告人的辩护权,犯罪嫌疑人自被侦查机关第一次讯问或者被采取强制措施之日起,有权委托辩护人,被告人有权随时委托辩护人。推进刑事案件律师辩护全覆盖试点工作,努力保障所有刑事案件被告人都能获得律师辩护,促进司法公正。严格遵循证据裁判原则,对证据不足不构成犯罪的依法宣告无罪,坚决防止和纠正冤假错案。中国严格控制并慎用死刑,大幅减少适用死刑的罪名。2007年,最高人民法院收回死刑复核权。建立完善法律援助制度,扩大被援助人覆盖范围,为犯罪嫌疑人、被告人提供法律咨询、辩护。截至2018年9月,全国共设立法律援助机构3200余个,法律援助工作站7万余个,建立看守所法律援助工作站2500多个,法院法律援助工作站3300多个,实现在看守所、人民法院法律援助工作站全覆盖。
Ensuring that all parties enjoy the right to fair trial. China has fully guaranteed the right of criminal suspects and defendants to defense. A criminal suspect has the right to entrust a defender from the date when organs of investigation conduct the first interrogation or a compulsory measure is taken against the suspect. A defendant has the right to authorize a defender at any time. It has launched a pilot program of full coverage of legal defense in criminal cases to ensure that defendants in all criminal cases can obtain legal defense in order to promote judicial justice.
China strictly follows the principle of evidence-based adjudication to resolutely prevent and correct wrongful convictions. Suspects are acquitted in accordance with the law when the evidence does not support the allegation that a crime has been committed. China strictly controls and carefully uses the death penalty; the number of capital offences has been substantially reduced. In 2007, the Supreme People’s Court took back the right to review all capital sentences.
China has established a sound legal aid system and expanded its coverage to provide legal advice and defense for criminal suspects and defendants. As of September 2018, the country had established some 3,200 legal aid institutions and more than 70,000 legal aid workstations, including some 2,500 in detention centers and 3,300 in courts, realizing full coverage of legal aid workstations in detention centers and people’s courts.
保障犯罪嫌疑人、被告人、服刑人及刑满释放人员合法权利。出台《看守所条例》,并正在起草制定看守所法,进一步保障被羁押人的人格尊严及律师会见、申诉、医疗等合法权利。制定并严格执行监狱法,保障罪犯人格尊严不受侵犯,人身权、生命健康权、受教育权等得到维护,深化狱务公开。出台《律师会见监狱在押罪犯规定》,开展罪犯离监探亲活动,有效保护罪犯合法权利。建立社区矫正制度,依法扩大非监禁刑适用,促进社区服刑人员顺利回归社会。截至2018年9月,全国已累计接收社区服刑人员412万人,解除矫正342万人,现有社区服刑人员70万人,矫正期间再犯罪率一直处于0.2%左右的较低水平。健全完善刑满释放人员救助管理制度,对符合条件的刑满释放人员落实最低生活保障、临时救助等救助措施,落实就业扶持政策,提高刑满释放人员就业能力。
Guaranteeing the legitimate rights and interests of criminal suspects, defendants, prisoners and people released after serving their sentence. China has published the Regulations on Detention Centers, and is drafting the law on detention centers. With these, China further guarantees the dignity and legitimate interests of detainees, and the right to meet lawyers, appeal, and receive medical treatment. It has formulated and strictly enforced the Prison Law, ensuring that criminals’ personal dignity is not violated, and their personal rights, right to life and health, and right to education are safeguarded, and that prison affairs are open to the public. It has published the Provisions on Meetings Between Lawyers and Prison Inmates, and carried out activities for prison inmates to leave prisons and visit relatives, effectively protecting the legal rights of convicted criminals.
China has established the system of community correction. Community correction, or non-custodial correction penalties, was imposed on those whose crimes are relatively minor and who have been sentenced to public surveillance, probation, release on parole, and temporary sanction outside prison. By the end of September 2018, a total of 4.12 million persons throughout the country had received community correction orders. Of these, 3.42 million had completed their correction, and 700,000 were still subject to their correction orders. The recidivism rate in the case of those assigned to community correction is low, only 0.2 percent.
China has improved the assistance and management system for people released after completing their prison sentence. It provides subsistence allowances, temporary assistance and other aids for those eligible, and carries out employment support policies to improve the employability of people released upon completion of their sentence.
建立健全国家赔偿制度和司法救助制度。颁布国家赔偿法,不断完善行政赔偿、刑事赔偿和非刑事司法赔偿制度,增加精神损害赔偿,提高赔偿标准,保障赔偿金及时支付。侵犯公民人身自由权每日赔偿金额从1995年的17.16元人民币,上升到2018年的284.74元人民币。2013年至2018年6月,各级人民法院受理国家赔偿案件22821件。不断完善司法救助制度,出台《关于开展刑事被害人救助工作的若干意见》等文件,设立司法救助委员会,积极推动司法救助与社会救助、法律援助的衔接。2013年至2017年,发放司法救助金26.7亿元,帮助无法获得有效赔偿的受害人摆脱生活困境。
Improving the state compensation system and judicial aid system. China has promulgated the State Compensation Law, and continued to improve systems of administrative compensation, criminal compensation and non-criminal judicial compensation. It has increased compensation for infliction of mental distress, raised standards of compensation, and guaranteed that compensation is paid in a timely manner. The daily compensation for violation of citizens’ personal liberty has risen from RMB17.16 yuan in 1995 to RMB284.74 in 2018. From 2013 to June 2018, the people’s courts at all levels accepted 22,821 cases involving state compensation.
China has continued to improve the judicial aid system. It has published Decisions on the Work of Relieving Criminal Victims and several other documents, while establishing a judicial aid committee to actively dovetail judicial aid with social assistance and legal aid. From 2013 to 2017, RMB2.67 billion of judicial aid was granted to help victims in difficulty who had not been able to obtain effective compensation.
切实解决执行难,保障胜诉当事人权利实现。建立健全民事裁判文书强制执行机制,建立失信被执行人信用监督、威慑和惩戒法律制度,建立全国统一的网络执行查控体系、信用惩戒网络系统和网络司法拍卖平台。2016年至2018年9月,全国法院共受理执行案件1884万件,执结1693.8万件(含终本案件),执行到位金额4.07万亿元。规范查封、扣押、冻结、处理涉案财物的司法程序,在保障胜诉当事人权益的同时,不损害被执行人合法权利。
Effectively resolving difficulties in the execution of court rulings and ensuring the interests of successful litigants. China has established a sound mechanism for compulsory execution of civil judgment documents and a legal system of credit supervision, warning and punishment over dishonest debtors who have failed to respect judgements. It has also established a national online check and control system about the execution of court rulings, a network system for punishment of loss of credit, and a platform for online judicial auctions. From 2016 to September 2018, courts across the country heard a total of 18.84 million applications for execution, of which 16.94 million (including terminated enforcement procedures) were concluded. They involved sums amounting to RMB4.07 trillion.
China has regulated judicial procedures for securing, detaining, freezing, and handling assets involved, thus protecting the rights and interests of successful litigants while not infringing the legal rights of judgement debtors.
(四)建立严密的反腐法治体系
- Establishing a Tight Rule of Law System Against Corruption
中国大力推进法治反腐,把权力关进制度的笼子,为加强人权法治化保障提供有力支撑。
China has worked hard to promote the rule of law against corruption, and confine the exercise of power to an institutional cage, providing strong support for the legal protection of human rights.
完善反腐败体制机制。1978年,各级检察机关设立反贪污贿赂和法纪检察内设机构,严厉打击各类贪污贿赂渎职犯罪;1995年和2005年,最高人民检察院分别成立反贪污贿赂总局和反渎职侵权局;2007年,设立国家预防腐败局。2018年,通过宪法修正案并制定监察法,组建国家监察委员会,实现对所有行使公权力的公职人员监察全覆盖。
Improving anti-corruption institutions. In 1978, procuratorial organs at all levels set up internal units to act against corruption and bribery, and units of law and discipline inspection to crack down on all crimes of corruption, bribery and malfeasance. The Supreme People’s Procuratorate set up the General Administration Against Corruption and Bribery in 1995 and the Bureau Against Malfeasance and Tort in 2005. In 2007, the National Bureau of Corruption Prevention was founded. In 2018, the Constitution of the PRC was amended, the Supervision Law was enacted, and the National Supervisory Commission was set up, covering all public officials exercising public power.
坚决开展反腐败斗争。中国共产党和中国政府坚定不移地开展党风廉政建设和反腐败斗争,坚持无禁区、全覆盖、零容忍,坚持重遏制、强高压、长震慑,坚持受贿行贿一起查,持续保持惩治腐败高压态势。2012年12月至2018年9月,全国纪检监察机关共立案215.3万件,处分213.2万人。2012年12月至2017年9月,涉嫌犯罪被移送司法机关处理5.8万人。坚决整治群众身边的腐败,特别是扶贫、教育、医疗、食品药品及涉黑“保护伞”等领域腐败问题,2015年至2018年9月,共查处侵害群众利益的腐败和作风问题39.98万件,处理51.21万人。深化国际反腐败合作,公布百名外逃人员红色通缉令,连续组织开展“天网行动”。2014年至2018年9月,共从120多个国家和地区追回外逃人员4719人,追赃103.72亿元,“百名红通人员”已有54名落网。
Resolutely fighting against corruption. The CPC and the Chinese government have worked hard to enhance Party conduct, uphold clean government, and fight corruption. Showing zero tolerance for corruption, the campaign covers all those holding public office without exception. China imposes tight constraints, maintains a tough stance and a long-term deterrence, punishes both those who take bribes and those who offer them, and maintains a tough position on fighting corruption. From December 2012 to September 2018, commissions for discipline inspection and departments of supervision around the country filed a total of 2,153,000 cases and disciplined 2,132,000 persons. From December 2012 to September 2017, 58,000 cases of suspected criminal activity were transferred to the judiciary.
China has resolutely fought corruption that directly affects ordinary people’s lives, especially in the areas of poverty alleviation, education, medical care, food and medicine, and criminal syndicate-related “protection” rackets. From 2015 to September 2018, a total of 399,800 cases of corruption and misconduct that undermine the people’s interests were investigated, and 512,100 people were dealt with.
China has strengthened international cooperation against corruption, published a list of 100 most-wanted fugitives, and organized a series of “Sky Net” operations. From 2014 to September 2018, 4,719 fugitives were brought back from more than 120 countries and regions, including 54 on the list of 100 most-wanted fugitives, and illegal assets worth RMB10.37 billion were recovered.
(五)营造人权法治保障的良好氛围
- Building a Positive Atmosphere for the Legal Protection of Human Rights
注重提高全社会的人权法治意识,夯实人权法治化保障的社会基础。自1986年开始在全国范围内连续实施七个5年普法计划,普及人权法治观念,实行国家机关“谁执法谁普法”普法责任制。确定每年12月4日为国家宪法日,开展宪法教育,促进依法保障人权观念深入人心。注重把法治与人权教育纳入国民教育体系,在中小学教育中融入人权基础知识,在高校开设人权法学等人权类课程。设立国家人权教育与培训基地,出版《人权》《人权研究》等特色鲜明的专业刊物,面向各级领导干部、不同阶层群体开展专项人权培训。中国人权研究会等社会组织大力推进人权研究、教育和知识普及,共同为保障人权奠定坚实的社会基础。
Enhancing public awareness of the rule of law for human rights and laying a strong foundation for the legal protection of human rights. Since 1986, China has implemented seven nationwide five-year plans on enhancing public legal awareness, popularizing the rule of law for human rights. It has also carried out a responsibility program in which state law enforcement departments are responsible for strengthening public legal awareness. China has set December 4 as National Constitution Day, and carried out constitutional education to promote legal protection of human rights to the public. China has incorporated education on the rule of law and human rights into the national education system. Basic knowledge of human rights has been integrated into primary and secondary education, and human rights law and other courses related to human rights are offered in universities.
China has set up national human rights education and training bases. Professional periodicals including Human Rights and Human Rights Studies are published in China. Special human rights training programs are conducted for officials at all levels and different strata or groups of people. Social organizations such as the China Society for Human Rights Studies have made great efforts to advance human rights research and education and promote knowledge of the subject, laying a solid social foundation for safeguarding human rights.