四、切实保障人民各项权利
IV. Effectively Ensuring That People Enjoy Their Rights文章源自英文巴士-https://www.en84.com/7736.html
文章源自英文巴士-https://www.en84.com/7736.html
新中国成立70年来，人民的经济、政治、社会、文化、环境权利保障水平不断提升，各项人权实现全面发展。文章源自英文巴士-https://www.en84.com/7736.html
文章源自英文巴士-https://www.en84.com/7736.html
Over the 70 years since the founding of the PRC, China has continued to improve its protection of the people’s economic, political, social, cultural, and environmental rights, and ensured the development of human rights in all respects.文章源自英文巴士-https://www.en84.com/7736.html
文章源自英文巴士-https://www.en84.com/7736.html
尊重和保障人身权利和人格尊严。人身权利和人格尊严是人权保障的基本内容。70年来，中国始终注重人身权利和人格权利的保障。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。民法对人格权作了专门规定。大力推进户籍制度改革，放宽户口迁徙政策限制，促进有能力在城镇稳定就业的常住人口有序实现市民化。严格依法保障住宅不受侵犯、通信自由和信息安全。文章源自英文巴士-https://www.en84.com/7736.html
文章源自英文巴士-https://www.en84.com/7736.html
Personal rights and dignity are well respected and protected. Personal rights and dignity are the basic components of human rights, so China has consistently attached great importance to protecting such rights over the past 70 years. The Constitution of the PRC states that the personal dignity of citizens of the PRC is inviolable. The 19th CPC National Congress again emphasized the protection of personal rights, property rights and right to dignity, demonstrating the humane view of protecting people’s personal dignity and promoting the well-rounded development of the individual person. The Civil Law in particular elaborates the right to dignity. China is now accelerating the reform of the household registration system. It has relaxed restrictions on the change of domicile, enabling eligible permanent residents with stable employment in urban areas to localize their residency. Inviolability of residence, freedom of correspondence and security of information are fully protected by law.文章源自英文巴士-https://www.en84.com/7736.html
文章源自英文巴士-https://www.en84.com/7736.html
充分保障劳动者各项权利。新中国成立前，城镇劳动力多数处于失业状态。1949年末，全国城乡就业人员18082万人，其中城镇就业人员仅有1533万人，城镇失业率高达23.6%。70年来，就业状况不断改善。1978年末，就业人员达到40152万人。改革开放以来，随着经济发展和就业优先政策的实施，就业总量大幅增加。特别是中共十八大以来，连续6年实现城镇新增就业1300万人以上。2018年，全国就业人数增加到77586万人。城镇登记失业率长期处于4.1%以内的较低水平。劳动者工资支付保障、同工同酬、休息休假、职业安全卫生、女性劳动者特别保护、依法参加和组织工会、参与企事业单位民主管理等各项权利得到依法保障。各地普遍建立最低工资标准调整机制和评估机制，保障了劳动者及其赡养人口的基本生活。目前，劳动者每年共享有115日的休息日和节假日，以及5日至15日的带薪年休假，还按规定享受产假、婚丧假、探亲假等假期。全国已建立基层工会组织数由1952年的20.7万个增加到2018年的273.1万个，工会会员由1952年的1002.3万人增加到2018年的2.95亿人。
China fully safeguards workers’ rights. Before the founding of the PRC, a large part of the urban workforce was unemployed. At the end of 1949 there were 180.82 million people across the country in employment, of whom only 15.33 million worked in urban areas. The urban unemployment rate was 23.6 percent. The employment situation has steadily improved over the past 70 years. By the end of 1978, the year when the policy of reform and opening up was adopted, the employed population had reached 401.52 million. After that, thanks to rapid economic growth and a policy that prioritizes employment, China’s employed population expanded rapidly. During the six years from the 18th CPC National Congress in 2012 to 2018, over 13 million new jobs were created each year, and the total employed population in 2018 reached 775.86 million. The registered unemployment rate remained at a low level below 4.1 percent for a long period of time.
The guarantee for remuneration for labor, right to equal pay for equal work, right to rest and leisure, right to occupational safety and health, right to join in and organize a labor union, and right to participate in the democratic management of businesses and public institutions are protected by law, as is women workers’ right to special protection. Universal mechanisms to adjust and assess the minimum wage have been established across the country, so as to ensure the basic living conditions of workers and their dependents. At present, each worker is entitled to 115 rest days and public holidays, and 5 to 15 days of paid holidays each year, as well as maternity leave, wedding leave, funeral leave and family reunion leave in line with the regulations. The number of primary-level labor unions rose from 207,000 in 1952 to 2.73 million in 2018 and their members grew from 10 million to 295 million during the same period.
建立起世界上覆盖人口最多的社会保障制度。新中国成立之初，社会保障尚属空白。20世纪50年代至70年代，开始由国家和单位对城镇职工提供劳保等福利，并由集体对农民实行一定保障。改革开放以来，逐步建立了覆盖城乡的社会保障体系，形成了世界上规模最大的社会保障安全网，社会保障水平不断提高。截至2019年3月，全国参加基本养老保险人数达94118万人，参加工伤保险人数达23894万人，参加失业保险人数达19697万人，参加生育保险人数超过2亿人，包括职工基本医疗保险、城乡居民基本医疗保险在内的基本医疗保险覆盖超过13亿人，基本实现全民医保。自2005年起，连续15年大幅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2019年的520元。自2016年起，探索建立长期护理保险制度。社会保障领域公共服务能力不断提高，2016年启动跨省异地就医直接结算，越来越多群众享受到直接结算便利。截至2019年3月，社会保障卡持卡人数约12.5亿人，覆盖全国89.6%人口。
China has established a social security system that covers the largest population in the world. There was no social security system in China when the PRC was founded. Between the 1950s and the 1970s, the state and employers began providing labor protection and other forms of welfare, and rural collectives provided peasants with a certain level of social security. After launching reform and opening up China gradually set up the world’s largest social security system covering people of both rural and urban areas. It has continued to make improvements. By March 2019, basic endowment insurance covered 941 million people, work-related injury insurance 239 million, unemployment insurance 197 million, and birth insurance more than 200 million. The basic medical insurance system, including basic medical insurance for workers and for rural and non-working urban residents, now covers more than 1.3 billion people – almost China’s entire population. China has substantially raised the amount of the basic pension of enterprise retirees every year since 2005. Per capita government subsidies for basic medical insurance for rural and non-working urban residents rose from RMB240 in 2012 to RMB520 in 2019. China pioneered a long-term nursing insurance system in 2016. China is improving its capacity to offer social security services. In 2016, it launched a real-time settlement of medical expenses for medical treatment incurred outside the provincial-level administrative area where the patient’s medical insurance is registered, and this benefited a growing number of people. By March 2019, there were about 1.25 billion social security card holders, covering 89.6 percent of China’s population.
教育普及水平大幅提高。新中国成立之初，教育水平低，人口文化素质差，小学净入学率和初中毛入学率仅分别为20%和3%，高校在校生仅有11.7万人，全国80%的人口是文盲。新中国高度重视发展教育事业，到1978年，学龄儿童入学率达到95.5%；1982年，粗文盲率降至22.8%。改革开放以来，中国大力实施教育优先发展战略，加快推进教育现代化，切实保障公民平等接受教育的权利。2018年，学前三年毛入园率达81.7%，普惠性幼儿园在园幼儿覆盖率达73.1%；小学学龄儿童净入学率达99.95%，初中阶段毛入学率达100.9%，九年义务教育巩固率达94.2%。高中阶段教育基本普及，2018年全国高中阶段在校生3934.7万人。高等教育即将跨入普及化发展阶段，2018年全国普通本专科招生791万人，高等教育在学总规模达3833万人，毛入学率达48.1%。建成现代职业教育和继续教育体系，2018年全国共有1.16万所职业学校，中、高职招生达925.9万人，在校生达2689万人。
Universal education expands remarkably. In the early days of the PRC, China’s education system was poor and the general level of education was low. The net primary education enrolment rate was 20 percent and the gross junior secondary education enrolment rate was only 3 percent. There were only 117,000 college students and 80 percent of the population was illiterate. The new Chinese government paid close attention to the development of education. The enrolment rate of school-age children reached 95.5 percent in 1978, and the overall rate of illiteracy had dropped to 22.8 percent by 1982. Since the launch of reform and opening up, China has invested an enormous effort in implementing the education-first strategy, to modernize education and guarantee equal access to education for all. In 2018, the gross three-year preschool education enrolment rate reached 81.7 percent, and the children enrolled in government-funded and privately-run non-profit kindergartens accounted for 73.1 percent of all kindergarteners. The net primary education enrolment rate was 99.95 percent, the gross junior secondary education enrolment rate was 100.9 percent, and the completion rate of the free nine-year compulsory education was 94.2 percent. Availability of senior secondary education in China is now basically universal. In 2018, senior high schools had a total of 39.35 million students on campus. Higher education is becoming universal. In 2018, with 7.91 million newly enrolled students, there were a total of 38.33 million students studying in colleges and universities, representing a gross college enrolment rate of 48.1 percent. A modern vocational education and continuing education system has been established. In 2018, there were 11,600 vocational schools across China, with a total of 26.89 million students, including 9.26 million newly enrolled.
公共文化服务更好惠及人民。新中国成立之初，文化事业极其落后，公共文化服务设施极其短缺，1949年全国只有55个公共图书馆、896个文化馆、21个博物馆。经过70年的持续努力，社会主义文化事业全面繁荣，覆盖城乡的公共文化体系逐步建立，公共文化设施逐步实现免费开放，文化产业快速发展。截至2018年，全国共有公共图书馆3176个，比1949年增长56.7倍；文化馆（群众艺术馆）3328个、乡镇（街道）文化站41193个、村（社区）综合性文化服务中心340560个，每万人拥有公共图书馆面积和群众文化设施面积分别为114.4平方米和306.9平方米；博物馆总数达5354家，约每26万人拥有1座博物馆，其中4743家博物馆免费开放。2018年，全国广播、电视节目综合人口覆盖率分别达98.94%、99.25%；全年出版各类图书95亿册（张），比1950年增长34倍。公共数字文化服务能力大幅提升，截至2018年，公共图书馆电子图书达8.08亿册，计算机22.35万台，其中供读者使用的电子阅览终端达14.63万台；公共数字文化工程累计建设公共数字文化资源总量约1200TB。加强科普工作，提升公民科学文化素质。
Public cultural services benefit more people. When the PRC was founded in 1949, provision of public cultural services was quite backward, with few public cultural facilities across the whole country – only 55 public libraries, 896 cultural centers, and 21 museums. Thanks to a constant effort over the past 70 years, socialist cultural undertakings in China are flourishing in every respect. A public cultural service system is in place, an increasing number of public cultural facilities are open to the public for free, and the cultural industry is developing rapidly.
In 2018, China had the following facilities and infrastructure:
- 3,176 public libraries (57.7 times of that in 1949)
- 3,328 cultural centers (art centers)
- 41,193 township (sub-district) cultural stations
- 340,560 community (village) centers
- 11.4 sq m of public library space per 1,000 people
- 30.7 sq m of public cultural facilities per 1,000 people
- 5,354 museums (4,743 open to the public for free) – one museum per 260,000 head of population
- 98.94 percent of the total population was covered by the broadcasting network
- 99.25 percent had access to television
- 9.5 billion copies of books were published (35 times of that in 1950).
It also had a significant capability to provide digital cultural services through public libraries, including 808 million e-books, 223,500 computers (including 146,300 e-reading terminals), and 1,200 terabytes of public digital cultural resources created through public digital cultural service projects. Work to popularize science has been further intensified to improve the public’s understanding and appreciation of science and culture.
人民获得了真正的民主权利。中国宪法明确规定，中华人民共和国的一切权力属于人民。人民当家作主，是社会主义民主政治的本质和核心。人民行使国家权力的机关是全国人民代表大会和地方各级人民代表大会。坚持选举实行普遍、平等、直接选举和间接选举相结合以及差额选举的原则，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。根据国情和实际不断完善选举制度，逐步实现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，登记选民10亿多人，直接选举产生近250万名县乡两级人民代表大会代表。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并不断完善。
Chinese people enjoy real democracy. The Constitution clearly provides that all power in the PRC belongs to the people. The essence and the core principle of the socialist democratic political system is that the people are the masters of the country. The NPC and local people’s congresses at various levels are the organs through which the people exercise state power. The principles of universality, equality, direct election, indirect election, and competitive election are applied. All citizens who have reached the age of 18 have the right to vote and stand for election, regardless of ethnicity, race, gender, occupation, family background, religious belief, education, property status, or length of residence, except persons deprived of political rights in accordance with the law. In line with the national conditions and reality, China has improved the election system to gradually ensure that both rural and urban areas have the same proportion of deputies from the represented population in elections of people’s congress deputies, and that all regions, ethnic groups, and sectors of society have a certain proportion of deputies. In the elections of deputies to the people’s congresses at county and township levels beginning in 2016, more than 1 billion constituents cast votes for nearly 2.5 million deputies.
Orderly development is seen in community-level democracy. A community-level self-governance system, featuring self-governance by urban and rural residents, and democratic election, consultation, decision-making, management, and supervision, is now in place and continues to improve.
切实保障人民知情权、参与权、表达权、监督权。70年来，中国建立健全常态化的法律草案公开征求意见工作机制，不断完善政务公开制度体系，拓宽公众参与立法和重大行政决策的渠道。截至2018年，国家立法机关共有172件法律草案向社会公开征求意见，收到1.5亿多人次提出的510多万条意见。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，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发展，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。截至2019年3月，全国政协共收到141807件提案，立案130299件，编刊及转送社情民意信息12096件，大多数提案的建议得到采纳和落实。建立健全信访制度，国家信访信息系统联通了全国各级信访机构、9万多个职能部门和乡镇（街道）、41个中央和国家机关部委，建立人民建议征集制度。畅通民意表达渠道，创新群众监督方式，建立便捷高效的网络表达平台，公民在网络上积极建言献策，表达诉求，有序参与社会管理。坚持和发展“小事不出村，大事不出镇，矛盾不上交”的枫桥经验，不断深化人民调解、行政调解、行业性专业性调解、司法调解衔接联动，完善矛盾纠纷多元化解机制，让群众及时、就地解决问题。全国人大常委会开展执法检查，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。
China protects people’s rights to know, to participate, to express, and to supervise. A mechanism through which public opinion is consulted in drafting laws has been set up and improved. Transparency of administrative work of the government is enhanced, and the channels for public participation in legislation and major administrative decision-making are constantly broadening. By 2018, the state legislatures had solicited public opinion on 172 draft laws, receiving 5.1 million comments from 150 million people.
A mechanism in which decisions are made in accordance with the law has been improved. This takes public participation, expert discussion, risk assessment, review of legality, and group discussion as legal procedures in major administrative decision-making, so as to make decision-making more reasonable, democratic and law-based. Democratic consultation is applied extensively as a mechanism at multiple levels. The content and procedure of consultation are regulated, and the forms, frequency, and effect of consultation are extending and increasing. Extensive consultation is conducted on matters concerning overall economic and social development and related to the vital interests of the people. By March 2019, the National Committee of the Chinese People’s Political Consultative Conference (CPPCC) had received 141,807 proposals and 130,299 of them were placed on file, published and transmitted 12,096 samples of public opinion, and adopted and carried out most of the proposals.
A public complaints reporting system has been established and improved. The national public complaints information system links public complaints and proposals administrative organs at all levels with more than 90,000 functional departments, town and township governments and sub-district offices, and 41 departments of the CPC and ministries of the central government. A people’s proposal soliciting system has been set up. China provides smooth channels through which people express their opinion, offers innovative ways of public supervision, and puts in place convenient and effective online platforms for citizens to offer their views and advice, express their demands, and participate in social management in an orderly manner.
The Experience of Fengqiao, a town in Zhuji City, Zhejiang Province, is a good example of successful dispute resolution, by which “trivial matters are solved in the villages, major problems are settled in the town, and no conflict are passed on to the higher authorities.” This model is being rolled out. People’s mediation is closely linked to and synergizes with administrative, industry- and profession-based, and judicial mediation, and a diverse conflict and dispute solving mechanism is being improved, so that people can solve their problems quickly and on the site. The NPC Standing Committee carries out examinations of law enforcement. The CPPCC actively explores and improves the democratic supervision system and offers criticism and suggestions regarding problems arising in implementation of the decisions made by the Party or government.
依法保障宗教信仰自由。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。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2亿人，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92所。
China protects freedom of religious belief in accordance with the law. China follows policies on freedom of religious belief. Based on the conditions of the country and reality of its religions, China protects citizens’ freedom of religious belief, builds active and healthy religious relations, and maintains religious and social harmony. In accordance with the Constitution and the law, the Chinese government supports all religions in upholding the principle of independence and self-management. It also supports religious groups, clerical personnel, and believers in managing their own religious affairs. The government manages religious affairs involving national and public interests but does not interfere in the internal affairs of religions. 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 or enjoys special legal privileges. The major religions practiced in China are Buddhism, Taoism, Islam, Catholicism and Protestant Christianity, with 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 92 religious schools in China.
环境权利保障日益加强。70年来，随着经济发展和工业化加速推进，中国将环境保护工作纳入各级政府的职能范围，及时确立了保护环境的基本国策，建立并不断完善生态环境保护体制机制和法律法规政策制度体系，提出走可持续发展道路，大力发展循环经济，不断加快清洁低碳化进程。特别是中共十八大以来，中国将生态文明建设纳入“五位一体”总体布局，坚持人与自然和谐共生，大力倡导绿色发展，加强生态环境治理，全面打响大气、水、土壤污染防治攻坚战，实施环保督察，“绿水青山就是金山银山”的理念深入人心，生态环境质量持续改善。2018年，天然气、水电、核电、风电、太阳能发电等清洁能源消费量占能源消费总量的比重为22.1%，比1978年提高15.5个百分点；全国338个地级及以上城市可吸入颗粒物（PM10）平均浓度比2013年下降26.8%，首批实施《环境空气质量标准》的74个城市细颗粒物（PM2.5）平均浓度比2013年下降42%，二氧化硫平均浓度比2013年下降68%；全国地表水优良水质断面比例增至71%，劣Ⅴ类比例降至6.7%。全国生态保护红线初步划定，保护了约95%珍稀濒危物种及其栖息地，以及约45%全国植被固碳量。
Environmental rights are better protected. Over the past 70 years, with rapid economic growth and industrialization, China has determined environmental protection as a national policy and included it in the functions and work of government. It has set up and continued to improve the mechanisms, policies, and legal system required for environmental protection. It advocates sustainable development, promotes a circular economy, and accelerates the process of clean and low-carbon transformation. Since the 18th CPC National Congress, China has determined environmental progress as a point of the Five-point Strategy. China advocates green development and harmony between human and nature. It is intensifying environmental governance, addressing the thorniest problems in the fight against air, water and soil contamination, and carrying out strict supervision over environmental protection work. The idea that lucid waters and lush mountains are invaluable assets has ingrained into people’s minds. Through such efforts, China is rapidly improving the quality of its environment.
In 2018, clean energy resources, including natural gas, water, nuclear, wind and solar energy, made up 22.1 percent of China’s total energy consumption, an increase of 15.5 percentage points over 1978. Between 2013 and 2018, the average PM10 intensity in 338 cities at and above the prefecture level fell by 26.8 percent, and the average PM2.5 and SO2 intensity in the 74 cities that took the lead in implementing the Ambient Air Quality Standards fell by 42 percent and 68 percent respectively. The proportion of excellent and good quality surface water increased to 71 percent while that of inferior Class V surface water dropped to 6.7 percent. An environmental protection zoning map has been drawn up that covers 95 percent of China’s rare and endangered species and their habitats and about 45 percent of carbon sequestration by vegetation.
