一、不断健全人权司法保障机制
I. Strengthen the Mechanism of Judicial Protection of Human Rights文章源自英文巴士-https://www.en84.com/7917.html
文章源自英文巴士-https://www.en84.com/7917.html
全面深化司法体制改革，合理配置司法职权，完善司法责任制，大力推进司法公开，建立健全国家司法救助制度，保障律师执业权利和公民陪审监督权利。文章源自英文巴士-https://www.en84.com/7917.html
文章源自英文巴士-https://www.en84.com/7917.html
China is striving to drive reform of the judiciary to a deeper level, allocate judicial powers and responsibilities in a more rational way, improve the judicial accountability system, promote judicial transparency, establish a national judicial assistance system, and ensure the right of lawyers to practice their profession and the rights of citizens to act as assessors and overseers.文章源自英文巴士-https://www.en84.com/7917.html
文章源自英文巴士-https://www.en84.com/7917.html
进一步优化司法职权配置，确保审判权和检察权依法独立公正行使。中共十八大和十八届三中、四中全会对深化司法体制改革作出重大部署。2014年至2015年，中央全面深化改革领导小组召开了19次全体会议，其中13次涉及司法体制改革议题，审议通过了27个司法体制改革文件。公安机关完善执法权力运行机制，推进受案立案制度改革，加大对受案立案的审核监督。最高人民检察院制定《关于深化检察改革的意见（2013-2017年工作规划）》。最高人民法院发布《关于全面深化人民法院改革的意见——人民法院第四个五年改革纲要（2014-2018）》。2014年以来，完善司法责任制、完善司法人员分类管理制度、健全司法职业保障制度、推进省以下地方法院检察院人财物省级统一管理四项改革逐步在全国推开试点。以审判为中心的诉讼制度改革正在稳步推进。文章源自英文巴士-https://www.en84.com/7917.html
文章源自英文巴士-https://www.en84.com/7917.html
Further improve the allocation of judicial powers and responsibilities, and ensure the independent and impartial exercise of the judicial and procuratorial power. Major plans for deeper reform of the judiciary were made at the 18th National Congress of the CPC and the third and fourth plenary sessions of the 18th Central Committee of the CPC. In 2014-2015, the Central Leading Group for Deepening Overall Reform held 19 meetings, 13 of which involved reform of the judiciary. The Group examined and approved 27 judiciary reform documents in total. Public security organs have improved the mechanism of law enforcement, changed the case-filing review system to case-filing register system, and strengthened examination and supervision of case admitting work. The Supreme People’s Procuratorate has issued the “Opinions on Deepening Procuratorial Reform (Work Plan for 2013-2017),” and the Supreme People’s Court has released the “Opinions on Deepening the Reform of People’s Courts in All Respects – the Fourth Five-Year Reform Plan of the People’s Courts (2014-2018).” Since 2014, pilot programs have been promoted nationwide to improve performance in the following areas: judicial accountability, category-based management of judicial personnel, job security for the judicial profession, and unified management of the personnel, finance and property of people’s courts and procuratorates below the provincial level. The reform of trial-centered litigation is making headway.文章源自英文巴士-https://www.en84.com/7917.html
文章源自英文巴士-https://www.en84.com/7917.html
2014年，北京、上海组建跨行政区划人民法院和人民检察院，办理跨地区重大刑事、民事、行政案件，解决一些当事人“争管辖”和诉讼“主客场”问题，促进法律统一正确实施。2015年，最高人民法院在深圳、沈阳分别设立最高人民法院第一、第二巡回法庭，审理跨行政区域重大行政和民商事案件，全年共收案1774件，审结1653件，审限内结案率为100%。
In 2014, people’s courts and people’s procuratorates transcending administrative boundaries were established in Beijing and Shanghai, to handle major cross-regional criminal, civil and administrative cases. This was to address certain parties’ concerns over the authority of the jurisdiction in charge of their cases, and to promote the unified and correct application of laws. In 2015, the Supreme People’s Court set up its first and second circuit courts in Shenzhen and Shenyang for major cross-regional administrative, civil and commercial cases. In 2015, the circuit courts handled 1,774 cases and concluded 1,653 of them, concluding all cases within the time limit.
逐步建立健全司法责任制，法官检察官办案主体地位更加凸显。逐步完善主审法官责任制、合议庭办案责任制和检察官办案责任制，明确法官、检察官办案的权力和责任，对所办案件质量终身负责，严格错案责任追究，形成权责明晰、权责统一、管理有序的司法权力运行机制。改革裁判文书签署机制，明确除审判委员会讨论决定的案件以外，法院院长、副院长、庭长对其未直接参加审理案件的裁判文书不再进行审核签发。明确法院院长、庭长除参加审判委员会、专业法官会议外，不得对其没有参加审理的案件发表倾向性意见，不得直接否定独任法官、合议庭意见。改革审判委员会制度，审判委员会评议实行录音、录像，全程留痕，所有参加讨论和表决的委员应当在审判委员会会议记录上签名，并建立审判委员会履职考评和内部公示机制。上海市试点法院直接由独任法官、合议庭裁判的案件比例达99.9%，提交审判委员会讨论的案件只有0.1%。
Improve the judicial accountability system, and enhance the central role of judges and prosecutors in case handling. We will improve the accountability systems of presiding judges, collegial benches, and prosecutors for the cases they handle. The powers and responsibilities of judges and prosecutors have been made clear, and they have lifelong accountability for the cases they adjudicate. A strict accountability system for misjudgments has been implemented. Thus, a judiciary operation mechanism with clear distinction between and unification of powers and responsibilities, and good management has taken shape. The judiciary has reformed the signing of written judgments, with a clear provision that other than in cases decided by a judicial committee, the presidents, vice presidents and divisional chief judges will not review and sign the written judgments of cases they did not participate in. It has been made clear that presidents and divisional chief judges of people’s courts are not allowed to air judgmental opinions on cases they did not hear, or negate the opinion of trial judges and collegial benches, unless they attended deliberations, on such cases at the judicial committees or meetings of judges with specialized knowledge.
Reform has been carried out in judicial committees. The deliberation sessions of judicial committees are recorded with audio-visual devices from beginning to end, and all committee members who have participated in the discussion and cast their votes must sign their names in the meeting minutes. A performance appraisal and internal public evaluation system has also been established for judicial committees. In pilot courts of Shanghai, the rate of cases handled independently by trial judges and collegial benches reached 99.9 percent of all cases, with only 0.1 percent of cases submitted to judicial committees for discussion.
公安部修订《公安机关执法质量考核评议规定》和《公安机关人民警察执法过错责任追究规定》，建立完善科学合理的执法质量考评机制，健全执法过错纠正和责任追究制度，对实施刑讯逼供、违法使用警械武器等行为的人员严格追究执法责任。国家有关部门发布《领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究规定》和《司法机关内部人员过问案件的记录和责任追究规定》。各级法院的案件信息管理系统设立内外部人员过问案件信息录入专库，对领导干部干预司法活动和司法机关内部人员过问案件的情况，全面、如实、及时进行记录。2015年11月6日和2016年2月1日，12起领导干部干预司法活动、插手具体案件和司法机关内部人员违反规定过问案件的典型案例被先后公开通报，相关责任人被依法依规处理。
The Ministry of Public Security amended the Regulations on the Appraisal of Law Enforcement by Public Security Organs, and the Regulations on Law Enforcement Accountability of People’s Police of Public Security Organs, establishing a complete and effective appraisal system for monitoring the quality of law enforcement and for improving accountability in the investigation of misconduct during law enforcement. Forced confessions and illegal employment of police instruments or weapons are subject to strict investigation for their responsibility. The Chinese authorities issued the Regulations on the Recording, Notification, and Accountability Investigation of Leading Officials for Interventions in Judicial Activities and Handling of Specific Cases, and the Regulations on the Recording and Accountability Investigation of Staff Members of Judicial Organs for Their Intervention in Case Handling. People’s courts at all levels have set up special archives in their case information management systems for recording internal and external interest and intervention in case-handling, so as to record in a complete, strict, and timely fashion any intervention in judicial activities by leading officials and any interest in cases expressed by staff members. On November 6, 2015 and February 1, 2016, 12 such cases were made public, and those adjudged to have transgressed received punishments pursuant to the law.
大力推进司法公开，当事人和公众的知情权、监督权得到有效保障。最高人民法院建立审判流程公开、裁判文书公开、执行信息公开三大平台。截至2015年年底，中国审判流程信息公开网总访问量达87.85万人次；中国裁判文书网共公布裁判文书1448万份，总访问量达4.1亿人次；执行信息公开网共发布被执行人信息3434.7万条，提供执行案件信息查询3685万人次。中国法院庭审直播网2015年共视频直播庭审3795次。2016年1月，“快播案”庭审在互联网视频直播，累计100余万人在线观看。人民检察院案件信息公开系统自2014年10月正式运行，截至2015年，共发布案件程序性信息254万余件、重要案件信息102万余条、生效法律文书76万余份。
Promote judicial transparency, and ensure the right to know and the right to supervise for concerned parties and the public. The Supreme People’s Court has established three platforms for releasing information on judicial process, written judgments, and the execution of judgments. By the end of 2015, China Judicial Process Information Online had had a total of 878,500 visits, China Judgments Online had released 14,480,000 copies of written judgments and garnered 410 million visits, and China Law Enforcement Information Online had publicized 34,347,000 information entries about persons subject to judgment execution, and offered information services to 36,850,000 visitors. In 2015, Chinacourt.org broadcasted 3,795 live trials online. The January 2016 online broadcast of the Qvod Player (Kuaibo) case attracted more than one million viewers. The case information disclosure system of the people’s procuratorates was officially launched in October 2014, and by 2015, it had released 2,540,000 pieces of information about the judicial process, 1,020,000 entries providing information on key cases, and 760,000 copies of effective legal documents.
司法机关通过新闻发布会、政务网站、微博、微信、新闻客户端等，创新司法公开的形式和内容。2015年，最高人民法院召开新闻发布会26场，最高人民检察院召开新闻发布会14场，公安部召开新闻发布会12场。截至2015年，全国各级法院共开通微博账号3980个、微信公众号1447个、新闻客户端1468个，全国检察机关共开通微博账号4085个、微信公众号3186个、新闻客户端2550个，全国公安机关共开通微博账户、微信公众号2.6万余个，各级司法行政机关共开通微博账户、微信公众号、法治宣传客户端和普法网站8000多个。最高人民法院推出中国法院手机电视应用程序软件，截至2015年共发布视频2862条，内容更新量22245分钟，用户达65.18万人。
Judicial organs have innovated the form of releasing judicial information, such as press conferences, websites, Weibo (microblog), WeChat, and news apps. In 2015, the Supreme People’s Court held 26 press conferences. The Supreme People’s Procuratorate held 14, and the Ministry of Public Security held 12. By 2015, people’s courts at all levels nationwide had opened 3,980 Weibo and 1,447 WeChat accounts, and created 1,468 news apps. People’s procuratorates at all levels nationwide had opened 4,085 Weibo and 3,186 WeChat accounts, and launched 2,550 news apps. Public security organs had opened 26,000 Weibo and WeChat accounts, and administrative organs of justice at all levels had opened a total of 8,000 Weibo and WeChat accounts and legal education apps and websites. The Supreme People’s Court launched a mobile TV app, releasing 2,862 videos by 2015, with 22,245 minutes of updated content and 651,800 users.
不断完善律师执业权利保障制度，律师维护当事人合法权益的作用得到更好发挥。2015年，最高人民法院、最高人民检察院、公安部、国家安全部、司法部联合发布《关于依法保障律师执业权利的规定》，进一步落实相关法律规定，明确律师执业权利保障的各项措施，便利律师参与诉讼，完善律师执业权利保障的救济机制和责任追究机制。司法机关在各自职责范围内依法保障律师知情权、申请权、申诉权，以及会见、阅卷、收集证据和发问、质证、辩论等方面的执业权利，确保律师依法履行辩护、代理职责不受阻碍，当事人合法权利不受侵害。
Ensure lawyers’ right of practice, so that lawyers are playing a bigger role in safeguarding the legitimate rights and interests of parties concerned. In 2015, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice jointly issued the Regulations on Protecting Lawyers’ Right of Practice in Accordance with the Law, which further implements relevant legal provisions, makes clear various measures to protect lawyers’ right of practice, makes it more convenient for lawyers to participate in litigation, and improves the remedy and accountability mechanisms for ensuring lawyers’ right to practice. Within the scope of their functions and duties and as prescribed by the law, judicial organs have protected lawyers’ rights to know, their rights of application and appeal, and the rights to meet their clients, to read case files, to collect evidence and ask questions, to cross-examine, and to debate in court. Judicial organs have ensured that lawyers are not deterred from defending and representing the parties concerned, whose legitimate rights are protected in accordance with the law.
各级公安机关加快推进律师会见室建设，建立网上预约平台或者公布预约电话，为律师会见提供便利，并确保律师会见不被监听。检察机关切实履行对妨碍律师依法执业的法律监督职责。2015年，各级检察机关共监督纠正阻碍律师依法行使诉讼权利案件1093件。2015年12月，最高人民法院律师服务平台正式上线，共收集律师事务所信息21707家，录入律师信息81476条，为律师参加诉讼活动提供网上立案、网上阅卷、案件查询、电子送达、联系法官等更加便捷的法律服务。截至2015年，全国共有1734家法院开通12368诉讼服务热线，为当事人及律师提供自助或人工查询咨询，共接听来电76270件。2016年1月，最高人民法院发布《关于依法切实保障律师诉讼权利的规定》，进一步明确了人民法院对律师诉讼权利和人身安全的保障，并规定有条件的法院要为参加庭审的律师提供休息场所，配备桌椅、饮水及其他必要设施。北京、四川等地法院开辟了律师更衣室、休息室等，律师参加诉讼活动更有尊荣感。
Public security organs at all levels have accelerated the provision of lawyers’ meeting rooms, and opened online platform for lawyers to make appointments to visit their clients and made known to the public such appointment phone numbers, providing convenience to meetings between lawyers and their clients and ensuring their conversations are not monitored. Procuratorial organs have effectively fulfilled their role of supervision over the obstruction of lawyers’ right to practice.
In 2015, procuratorial organs at all levels resolved 1,093 cases involving infringement of lawyers’ procedural rights pursuant to the law. In December 2015, the Supreme People’s Court launched a lawyers service platform, collating 21,707 entries concerning law firms and 81,476 entries concerning lawyers. The platform offers convenient legal services to lawyers, including online case register, online access to case files, case information inquiry, electronic service of legal documents, and judges’ contact details.
By 2015, 1,734 courts had opened the “12368” litigation service hotline, providing self- or staff-service information for parties concerned and lawyers, and handled a total of 76,270 inquiry calls.
In January 2016, the Supreme People’s Court issued the Regulations on Effectively Protecting Lawyers’ Procedural Rights in Accordance with the Law, which further clarifies the protection of lawyers’ procedural rights and personal safety by people’s courts, and stipulates that courts should, if conditions allow, provide lounges with desks, chairs, drinking water and other necessities for lawyers participating in court trials. Some courts in Beijing and Sichuan have provided changing rooms and waiting rooms for lawyers, protecting their dignity in litigious activities.
试点改革人民陪审员和人民监督员制度，公民陪审和监督权利得到进一步保障。2015年4月，全国人大常委会通过《关于授权在部分地区开展人民陪审员制度改革试点工作的决定》。2015年5月，最高人民法院、司法部联合发布《人民陪审员制度改革试点工作实施办法》，在10个省（自治区、直辖市）50个法院实行人民陪审员制度改革试点。截至2015年，试点法院新增选人民陪审员7800多人，人民陪审员总数增至法官总数的约4倍。2015年，全国人民陪审员共参审案件284.6万件。山东省东营市中级人民法院吸收人民陪审员参与审理倪发科受贿、巨额财产来源不明案，是人民陪审员首次参审重大职务犯罪案件。2014年9月，最高人民检察院、司法部在北京等10个省（自治区、直辖市）联合开展人民监督员制度改革试点，按照新的改革要求组织监督案件1505件。全国各级检察机关目前共有人民监督员1.5万多人。2012年至2015年，人民监督员共监督检察机关查办职务犯罪案件中“拟撤销案件”和“拟不起诉”两类案件8161件。其中，对216件案件提出不同意检察机关拟处理决定的意见，检察机关采纳109件，采纳率达50.5%。对属于人民监督员监督范围的其他9种情形提出监督纠正意见1040件。
Conduct pilot programs to reform the system of people’s assessors and supervisors, and ensure citizens’ right to act as assessors and supervisors. In April 2015, the Standing Committee of the National People’s Congress (NPC) issued the Decision on Authorizing the Implementation of the Pilot Program to Reform the System of People’s Assessors in Certain Areas. In May 2015, the Supreme People’s Court and the Ministry of Justice jointly issued the Measures on Implementing the Pilot Program to Reform the System of People’s Assessors, rolling out reform at 50 courts in 10 provinces (autonomous regions and municipalities directly under the central government). By 2015, these courts had welcomed 7,800 new people’s assessors, four times the number of judges. In 2015, people’s assessors took part in the trial of 2,846,000 cases. At the Dongying Intermediate People’s Court of Shandong Province, people’s assessors participated in a major work-related crime for the first time when hearing the trial of Ni Fake for accepting bribery and obtaining significant revenues from unclear sources. In September 2014, the Supreme People’s Procuratorate and the Ministry of Justice jointly launched a pilot program to reform the system of people’s supervisors in Beijing and nine other provinces (autonomous regions and municipalities directly under the central government), supervising the handling of 1,505 cases according to the new reform requirements. Currently there are 15,000 people’s supervisors at all levels of procuratorial organs. In 2012-2015, people’s supervisors participated in 8,161 cases of work-related crimes, which are under the categories of “might be revoked” and “might not be prosecuted.” Of the 216 cases in which people’s supervisors gave opinions different from the preliminary decisions of procuratorial organs, 109 cases, or 50.5 percent, were ruled in favor of the people’s supervisors. People’s supervisors also presented 1,040 opinions regarding the nine situations within their supervisory scope.
进一步推进涉诉信访法治化，权利救济途径更加完善。建立健全涉法涉诉信访工作机制，按照“诉访分离、有序分流、依法解决”的原则，规范涉法涉诉信访工作的受理范围、标准、程序和工作职责，整合来信、来访、电话、网络、视频等诉求表达渠道，推进综合性受理平台建设，保障人民群众依法表达诉求权利。组织律师参与信访接待、代理信访案件，增强化解信访问题的公信力。2014年2月，最高人民法院开通网上申诉信访平台。2014年5月，最高人民法院开通远程视频接访系统，截至2015年完成接谈8200余件。2015年，最高人民法院接待群众来访人数同比下降12%。最高人民检察院建成全国四级检察机关全联通的远程视频接访系统。2015年，各级检察机关共接收、办理群众信访114.8万件次。2012年至2015年，司法部共接待来访群众19788人次，登记来访6537件（次），收到群众来信73843件，涉及司法行政系统的群众来信10337件。
Appropriately handle letters and visits involving lawsuits in accordance with the law, and improve the channels of rights relief. A working mechanism of handling letters and visits involving lawsuits has been established, which runs according to the principles that litigation and letters and visits are separated, that letters and visits are divided in an orderly manner, and that letters and visits are handled in accordance with the law. There has been greater standardization in the scope, procedure, and responsibilities involving letters and visits concerning lawsuits. More channels are now available for people to air their grievances, including letters, visits, telephone calls, the internet, and videos, and integrated online platforms have been introduced for this purpose, ensuring that the people have access to claim their rights in accordance with the law. Lawyers have been invited to participate in activities of receiving letters and visits, and act as agents to handle them, in a way that strengthens public faith in the letters and visits system.
The Supreme People’s Court opened an online platform for complaints and appeals in February 2014, and an online video system to receive complaints and appeals in May of that year, which handled a total of 8,200 cases by 2015. In 2015, visits to the Supreme People’s Court of those who were seeking legal justice to their own case dropped by 12 percent on a year-on-year basis. The Supreme People’s Procuratorate established an online video system to receive appeals, which connects procuratorial organs at all four levels. In 2015, procuratorial organs at all levels received and handled 1,148,000 letters and visits. In 2012-2015, the Ministry of Justice received 19,788 people, registered 6,537 visits, and received 73,843 letters, including 10,337 letters on matters relating to the administrative organs of justice.
废止劳动教养制度，强化以法治思维和法治方式管理社会。实行了50多年的劳动教养制度在特定条件下为维护社会治安秩序、确保社会稳定、教育挽救违法人员发挥了积极作用。随着治安管理处罚法、禁毒法等法律的施行和刑法的不断完善，以及相关法律的有机衔接，劳动教养制度的作用逐渐被取代，劳动教养措施的使用逐渐减少。2013年12月，全国人大常委会通过《关于废止有关劳动教养法律规定的决定》，废止了劳动教养制度；并规定对正在被依法执行劳动教养的人员，解除劳动教养，剩余期限不再执行。
Abolish the system of reeducation through labor, and strengthen social governance with the rule of law. For more than 50 years, the system of reeducation through labor played a positive role in China, appropriate to the historical circumstances, in protecting public security, maintaining social order, ensuring social stability, and educating and rehabilitating lawbreakers. But over time its functions were gradually replaced with the implementation of laws such as the Law on Penalties for Administration of Public Security and the Law on Narcotics Control, and also through improvements in the Criminal Law. Over the years, as the relevant laws became increasingly applicable in cases of reeducation through labor, the correction system played a lesser role. In December 2013, the Standing Committee of the NPC passed the Decision on Annulment of the Regulations on Reeducation Through Labor, putting an end to the system. It was also decided that persons who were receiving reeducation through labor as prescribed by law should be released and exempted from their remaining terms.
建立完善国家司法救助制度，加大受害人保护力度。2014年，最高人民法院、最高人民检察院、公安部等6部门联合发布文件，建立完善国家司法救助制度。国家对受到侵害但无法获得有效赔偿的刑事被害人等给予经济资助，帮助其摆脱生活困境。司法机关严格遵守司法救助申请告知义务，对符合条件的救助对象，及时发放救助资金。2015年，全国共发放司法救助资金16.69亿元，71700个司法救助案件的当事人及其家庭得到救助。截至2015年年底，公安机关累计对6338人发放司法救助资金约1.4亿元。2014年1月至2015年10月，各级检察机关共受理1.3万多人国家司法救助申请，发放救助金1.2亿元。各级法院2013年至2015年共为有困难的诉讼当事人减免诉讼费6.25亿元。
Establish a national judicial assistance system, and strengthen the protection of victims. In 2014, six state organs, including the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security, jointly issued a document for establishing the national judicial assistance system. Under the framework, the state provides economic assistance to victims of crime who are unable to obtain financial compensation, to help them through difficulties. Judicial organs strictly perform their duty of notifying such victims of their right to apply for judicial assistance, and ensuring that eligible applicants receive timely relief. In 2015, 1.67 billion yuan went to 71,700 victims and their families. By the end of 2015, public security organs had given 140 million yuan in judicial assistance to 6,338 persons. From January 2014 to October 2015, procuratorial organs at all levels received 13,000 applications for judicial assistance, and granted 120 million yuan of relief. From 2013 to 2015, people’s courts at all levels allowed 625 million yuan in reduction or exemption of litigation fees for parties in economic difficulty.
