六、不断加强人权法治保障
VI. Strengthening the Rule of Law for Human 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
新中国创立了社会主义法治，以法治保障人权。70年来，中国构建起较为完备的人权法律保障体系，坚持依法治国、依法执政、依法行政共同推进，坚持法治国家、法治政府、法治社会一体建设，实现科学立法、严格执法、公正司法、全民守法，不断促进社会公平正义。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
After the founding of the PRC, socialist rule of law was established in China to protect human rights by law. Over the past 70 years, China has established a relatively complete legal system to protect human rights. It upholds law-based governance, law-based exercise of power, and law-based government administration, and adopts a holistic approach to promote the rule of law across the nation, in government, and throughout society. To promote social fairness and justice, it has endeavored to ensure that a well-conceived approach is taken to legislation, that the law is strictly enforced, that justice is impartially administered, and that the law is observed by everyone.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
建设有限政府、责任政府、服务政府。依法确定行政权力界限，确立法无授权不可为的原则，实施权力清单、责任清单制度，禁止法外设权、违法用权。持续深化“放管服”改革，加快转变政府职能，努力降低群众和企业与政府打交道的成本。建立完善严格的行政执法程序，确立行政裁量权基准制度，统一执法标准，压缩自由裁量空间，维护行政相对人的合法权益。深化执法公开，拓展公开范围，整合公开载体，强化网上政务公开，方便群众获取信息。25个省（自治区、直辖市）建立省级执法公开平台，实现了执法办案进度和结果的信息查询服务；22个省（自治区、直辖市）实现了行政处罚决定文书网上公开；17个省（自治区、直辖市）实现了行政复议决定文书网上公开。强化执法监督，建立完善以执法考评为主要内容的绩效考核体系，深化执法信息化建设，实现案件流程信息化管理和同步记录，加强对执法活动的实时监督。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
Building a service-oriented government with limited powers and clear responsibilities. The state delimits administrative power in accordance with the law. China has established a principle under which administrative bodies should not take any action that is not mandated by law. It has 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. 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. The people and businesses are thus provided with better services. China has established strict procedures for administrative law enforcement and a system of benchmarks for administrative discretion, with unified standards in law enforcement and rigorous discretionary rules, to ensure the legitimate rights and interests of the people and businesses. To make law enforcement more transparent, China has expanded the scope and channels of disclosure, and opened online portals for the public to obtain information. Twenty-five provinces and equivalent administrative units have online platforms providing information on law enforcement and on the progress and results of cases in process. Twenty-two provinces and equivalent administrative units disclose written judgments online, and 17 provinces and equivalent administrative units disclose administrative review decisions online. To strengthen the supervision of law enforcement, China has established a performance appraisal system with a focus on law enforcement, promoted IT application in law enforcement and the management and synchronized recording of case-handling procedures, and strengthened real-time supervision over law enforcement activities.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
确保审判权检察权依法独立公正行使。发布五个“人民法院五年改革纲要”和“人民检察院改革规划”。全面实施立案登记制，有诉必理，保障当事人诉权。实行以法官检察官员额制为核心的司法人员分类管理制度改革，推进司法职业保障制度改革，司法人员正规化、专业化、职业化水平进一步提升。全面落实司法责任制，真正做到“谁办案、谁负责”。贯彻宽严相济刑事政策，进一步完善刑事诉讼程序，推动认罪认罚从宽制度改革，完善刑事案件速裁程序运行机制，深化案件繁简分流，构建中国特色立体化、多层次刑事诉讼体系。在有条件的地方实行省级以下地方法院、检察院人财物统一管理，探索设立跨行政区划的人民法院和人民检察院，最高人民法院设立六个巡回法庭，设立知识产权法院、互联网法院、金融法院等。加强对公共利益的司法保护，建立检察机关提起公益诉讼制度，截至2019年3月，全国检察机关共办理公益诉讼案件157095件。
Ensuring independent and impartial exercise of judicial and procuratorial powers. China has issued five outlines for five-year reform of the people’s courts and five plans on reform of the people’s procuratorates. To protect citizen’s right of action, it has implemented a case docketing and registration system across the board, which ensures that every case application receives a response. China has reformed the management of judicial personnel, adopted a quota system for judges and procurators, and initiated job security reform for judicial personnel, enabling them to be more regularized and professional. It has fully implemented a judicial responsibility system to ensure that those who have handled a case assume full responsibility for it. The judiciary has combined punishment and clemency in handling criminal cases, further improved criminal proceedings, and introduced reforms on showing clemency to suspects and defendants who cooperate fully. It has improved the fast-track sentencing procedure for criminal cases, further separated the handling of simple and complex cases, and formed a multi-layer criminal litigation system with Chinese characteristics. Where conditions permit, local courts and procuratorates under the provincial level have carried out unified management of personnel, funds and property. China is exploring setting up people’s courts and people’s procuratorates across administrative boundaries. The Supreme People’s Court now has six circuit courts, and there are also courts that handle intellectual property and financial cases, and online courts. The state has strengthened the protection of public interest, and public interest lawsuits are filed by procuratorial organs. By March 2019, 157,095 cases of public interest had been handled by procuratorial organs.
深化司法公开。全面推进阳光司法，不断加强审判流程、庭审活动、裁判文书、执行信息司法公开平台和人民检察院案件信息公开平台建设。截至2019年2月，中国审判流程信息公开网公开案件信息3.7亿项，中国庭审公开网直播庭审259万件，中国裁判文书网公开文书6382万份，访问量226亿次。人民检察院案件信息公开网自2014年10月1日开通以来，公开案件程序性信息928万余件，发布重要案件信息58万余条，公开法律文书386万余份，接受辩护与代理网上预约30万余人次。加强对司法活动的监督，深化刑事诉讼监督，加强民事行政诉讼监督，不断完善人民陪审员和人民监督员制度。
Improving judicial openness. To increase judicial transparency, China has improved the platforms for releasing information on judicial process, trials, written judgments, and the execution of judgments, and the platform on disclosing information on cases handled by people’s procuratorates. As of February 2019, China Judicial Process Information Online had disclosed information on 370 million cases, the National Court Hearing Online had broadcast 2.59 million court trials, and China Judgements Online had disclosed 63.82 million copies of judgments, attracting a total of 2.26 billion visits. Since its launch on October 1, 2014, the online information disclosure service of the procuratorates has disclosed information on the proceedings of 9.28 million cases and 580,000 items of information on major cases, put online 3.86 million legal documents, and booked 300,000 defense and litigation applications online. China has strengthened supervision over judicial activities, criminal proceedings, and civil administrative proceedings, and improved the system of people’s jurors and supervisors.
保障当事人获得公正审判的权利。推进以审判为中心的刑事诉讼制度改革，严格贯彻罪刑法定、证据裁判、非法证据排除等法律原则，完善出庭作证机制，强化庭审功能。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；开展法律援助值班律师和刑事案件律师辩护全覆盖试点工作，实现法院、看守所法律援助工作站全覆盖，努力保障所有刑事案件被告人在审判阶段都能获得律师辩护和帮助；保障辩护律师会见、阅卷、调查取证、质证和辩论辩护等各项诉讼权利；完善保障律师依法履职机制，建立健全维护律师执业权利快速联动处置机制；开通律师服务平台，为律师办案提供便利。坚持疑罪从无，防范和纠正冤假错案。2013年至2019年3月，各级人民法院依法对5876名被告人宣告无罪，确保无罪的人不受刑事追究；再审改判刑事案件8568件，其中依法纠正呼格吉勒图案、聂树斌案、“五周案”等重大冤错案件49件，并依法予以国家赔偿。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。
Guaranteeing the right to fair trial for all parties. China has promoted the reform of the criminal litigation system with a focus on adjudication, strictly enforced the principles of “no penalty without a law”, evidence-based verdict, and exclusionary rule, improved the mechanism for witnesses to appear in court, and strengthened the role of court trials. China has fully guaranteed the right to defense of criminal suspects and defendants. 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. Pilot work has been launched to ensure duty counsels offer legal aid for all cases and legal defense is provided in all criminal cases, and legal aid stations can be found at all courts and detention houses, to ensure that defendants in all criminal cases can obtain legal defense and support in trial. The state protects defense lawyers’ rights to meet their clients, to read case files, to investigate and obtain evidence, to conduct cross-examination, and to debate and defend, and other litigious rights. It has improved the mechanism for lawyers to perform their duties by law, formed a joint response system to ensure lawyers’ right of practice, and established a platform to provide appropriate services to them. China implements the principle of presumption of innocence to prevent and correct miscarriages of justice. From 2013 to March 2019, people’s courts at all levels acquitted 5,876 defendants, ensuring that no one should be prosecuted without criminal evidence. Wrongful verdicts on 8,568 criminal cases were overturned, including 49 major cases concerning Hugjiltu for rape and murder, Nie Shubin for rape and murder, and Zhou Jikun, Zhou Jiahua, Zhou Zaichun, Zhou Zhengguo and Zhou Zaihua for murder. The wrongly-convicted all received state compensation in accordance with the law. China has strictly controlled the death penalty, reducing the number of crimes for capital punishment by a significant margin. In 2007, the Supreme People’s Court took back the right to review all capital sentences.
保障犯罪嫌疑人、被告人、服刑人员、戒毒人员及刑满释放人员的合法权利。规范强制措施，减少羁押性强制措施的适用，实行看守所在押人员入所权利义务告知制度，建立在押人员投诉调查处理机制。深化狱务公开，完善对监所管理人员执法监督，保障服刑人员合法权利不受侵犯。实行人文关怀，开展离监探亲。全面推进社区矫正制度，截至2019年5月，已累计接收社区矫正对象445万人，累计解除矫正375万人，在册社区矫正对象70多万人，社区矫正对象在矫正期间再犯罪率一直处于0.2%的较低水平。新中国成立至1975年，对战争罪犯、反革命罪犯和部分普通刑事罪犯进行过七次特赦。根据现行宪法，2015年和2019年，两次对部分服刑罪犯予以特赦。出台禁毒法、戒毒条例等，依法保障戒毒人员合法权益，开展执法监督。健全完善刑满释放人员救助管理制度，落实社会救助和就业安置措施，促进刑满释放人员顺利融入社会。
Guaranteeing the legitimate rights and interests of criminal suspects, defendants, prisoners, patients abstained from drugs and people released after serving their sentence. China has regulated compulsory measures and reduced the application of compulsory custodial measures. When the detainees enter a detention house, they are informed of their rights and obligations, and their complaints are handled in accordance with the procedure. Prison affairs are open to the public. China has improved supervision over the law enforcement in prisons and detention houses, to ensure that prisoners’ legitimate rights are not infringed. Some prisoners are allowed to leave prisons and visit their relatives. The system of community service has been extensively implemented. By the end of May 2019, a total of 4.45 million persons throughout the country had received community service orders. Of these, 3.75 million had completed their service, and 700,000 were still subject to their service orders. The recidivism rate in the case of those assigned to community service is low, only 0.2 percent. Between 1949 and 1975, amnesties were granted on seven occasions to war criminals, counterrevolutionary criminals and some prisoners facing criminal charges. In accordance with the Constitution, amnesty was granted to some prisoners in 2015 and 2019. The state has promulgated the Narcotics Control Law and the Regulations on Drug Rehabilitation, ensured the legitimate rights and interests of persons on rehabilitation, and carried out law enforcement supervision. China has improved the assistance and management system for people released after completing their prison sentence, ensures their access to social assistance, and provides assistance to them in employment so that they can smoothly return to normal life.
建立健全权利救济和救助制度。畅通国家赔偿请求渠道，扩大赔偿范围，明确举证责任，增加精神损害赔偿，提高赔偿标准，保障赔偿金及时支付，进一步完善行政赔偿、刑事赔偿和非刑事司法赔偿制度。国家刑事赔偿标准随经济社会发展不断提高，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2019年的315.94元人民币。2013年至2019年3月，各级人民法院审结国家赔偿案件61978件。健全完善国家司法救助制度，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，帮助无法获得有效赔偿的受害人摆脱生活困境。2015年至2018年，对生活困难当事人发放司法救助款37.5亿元。
Improving the system of right remedy and assistance. The channels for applying for state compensation have been expanded, with more types of cases eligible for compensation and the burden of proof made clear. The state has increased compensation for infliction of mental distress, raised standards of compensation, and guaranteed that compensation is paid in a timely manner. The systems of administrative compensation, criminal compensation and non-criminal judicial compensation have been further improved. Criminal compensation has increased over the years along with economic and social development of the country. The daily compensation for violation of citizens’ personal liberty has risen from RMB17.16 in 1995 to RMB315.94 in 2019. From 2013 to March 2019, the people’s courts at all levels concluded 61,978 cases involving state compensation. China has improved the state judicial assistance system. It has established a judicial assistance committee to actively dovetail judicial assistance with social assistance and legal aid, and help victims in difficulty who have not been able to obtain effective compensation. From 2015 to 2018, RMB3.75 billion of judicial assistance was granted to victims in difficulty.
公共法律服务更加优质便捷。建立健全法律援助制度，2013年至2018年，全国法律援助机构共组织办理法律援助案件778.8万余件，受援人847.5万余人次，提供法律咨询4526.8万余人次。全面推进律师事业，截至2018年，律师队伍发展到42.3万多人，律师事务所发展到3万多家。完善公共法律服务体系，建设公共法律服务实体平台、“12348”法律服务热线和法律服务网络三大平台，实现申请快捷化、审查简便化，更加便民利民。截至2018年，全国建成2917个县（市、区）公共法律服务中心、3.9万多个乡镇（街道）公共法律服务工作站，为65万个村（居）配备法律顾问，各省（自治区、直辖市）均已建成“12348”法律服务热线平台。推进司法鉴定管理体制改革，提高司法鉴定质量和公信力，截至2018年，经司法行政机关审核登记的司法鉴定机构有3834家，司法鉴定人45000名。
Providing quality and more convenient public legal services. A sound legal aid system has been established. From 2013 to 2018, legal aid institutions handled some 7.79 million legal aid cases, helping 8.48 million people and providing legal consultancy services to 45.27 million people. The state encourages the development of the profession of lawyers. As of 2018, there were 423,000 lawyers and more than 30,000 law firms across the country. China has improved public legal services, and opened a physical platform for providing public legal services, the “12348” free hotline for legal advice, and online legal services. It is convenient to make an application for legal services, and the review process has been streamlined for public benefit. By the end of 2018, there were 2,917 public legal service centers in counties, cities and districts, and more than 39,000 service stations in towns, townships and sub-districts. About 650,000 villages and communities had legal counselors, and all provinces and equivalent administrative units had opened the “12348” legal service hotline. China has reformed the management of forensic assessment to enhance assessment quality and credibility. By 2018, there were 3,834 forensic assessment institutions approved by and registered with judicial administrative organs, with more than 45,000 forensic appraisers.
提高全社会人权法治意识。新中国成立以后，通过广泛宣传宪法、婚姻法，男女平等、婚姻自由等观念逐步树立。从1986年起，在全国范围内连续实施7个五年普法规划，开展宪法和法治宣传教育。把法治教育纳入国民教育体系，在中小学教育中加入人权内容。在高校开设人权专业及相关课程，培养人权方向专业人才。面向各级领导干部、公检法司部门工作人员、媒体从业人员等开展专项人权培训。设立8家国家人权教育与培训基地。出版和发行《人权》《人权研究》《中国人权评论》等专业书刊。中国人权研究会连续出版《中国人权事业发展报告》蓝皮书，积极推动人权学术研究、教育和知识普及。
Enhancing public awareness of legal protection of human rights. After the PRC was founded, the government made an intensive effort to enhance public awareness and understanding of the Constitution, the Marriage Law, and ideas such as gender equality and freedom of marriage were gradually accepted by the public. Since 1986, China has implemented seven nationwide five-year plans on enhancing public awareness of the Constitution and the rule of law. China has included education on the rule of law into the national education system and teaching of human rights into primary and middle school education. Human rights majors and other related courses are offered in universities to cultivate human rights professionals. Special human rights training programs are conducted for officials at all levels, staff of organs of public security, procuratorates and courts, and judicial organs, and those who work in the media. China has eight national human rights education and training bases. Professional periodicals including Human Rights, Human Rights Studies, and China Human Rights Review are published in China. The China Society for Human Rights Studies has consecutively published blue papers titled Development of Human Rights in China, to advance research and education on human rights and promote understanding of the subject.
强力反腐维护人民利益。1949年11月，中共中央决定成立中央及各级党的纪律检查委员会；1955年，中国共产党的全国代表会议选举产生中央监察委员会；1978年12月，中国共产党十一届三中全会选举产生新的中央纪律检查委员会。中共十八大以来，加快形成完善的党内法规体系，建立了以党章为本，若干配套党内法规为支撑的党内法规制度体系。2018年3月，中华人民共和国国家监察委员会依法组建，各级纪委监委合署办公，对所有行使公权力的公职人员实行监督全覆盖。从2012年12月至2019年6月，中央纪委立案审查中管干部389人，涉嫌犯罪移送司法机关155人。坚决整治群众身边腐败和作风问题，深入推进扶贫领域腐败和作风问题专项治理，开展民生领域专项整治，深挖涉黑腐败和黑恶势力“保护伞”，坚决清除包庇、纵容黑恶势力的腐败分子。
Striking against corruption to safeguard people’s interests. In November 1949, the CPC Central Committee decided to establish discipline inspection committees at all levels. In 1955, the National Conference of the CPC elected a Central Supervision Commission. In December 1978, the Third Plenary Session of the 11th CPC Central Committee elected a new Central Commission for Discipline Inspection. Since the 18th CPC National Congress, a sound system of intra-Party regulations has been formed based on the Party Constitution and supported by intra-Party regulations. In March 2018, the Supervision Commission of the People’s Republic of China was established by law. Discipline inspection commissions of the Party and supervision commissions of the government at all levels jointly carry out full supervision over all public functionaries who exercise public power. From December 2012 to June 2019, the CPC Central Commission for Discipline Inspection investigated 389 officials registered at and supervised by the CPC Central Committee, and transferred 155 cases of suspected criminal activity to the judiciary. China has resolutely fought corruption that directly affects ordinary people’s lives, and carried out special campaigns to address corruption and misconduct in poverty alleviation and problems undermining the public interest. It has carried out thorough investigations of criminal syndicate-related corruption and protection rackets, getting rid of corrupt officials who sheltered or connived with criminal syndicates.
