六、依法维护社会和谐稳定
VI. Maintaining Social Harmony and Stability in Accordance with the Law文章源自英文巴士-https://www.en84.com/8262.html
文章源自英文巴士-https://www.en84.com/8262.html
自治区成立以来，新疆不断加强法治建设，依法管理各项事务，坚决惩治暴力恐怖犯罪，促进各民族平等团结，实现社会和谐发展。文章源自英文巴士-https://www.en84.com/8262.html
文章源自英文巴士-https://www.en84.com/8262.html
Ever since its founding, Xinjiang Autonomous Region has made constant efforts in strengthening rule of law, managing all affairs on the basis of law and remaining resolute in punishing violent terrorist crimes, in order to promote ethnic unity and achieve harmonious social development.文章源自英文巴士-https://www.en84.com/8262.html
文章源自英文巴士-https://www.en84.com/8262.html
独具特色的地方立法体系基本形成。自治区地方立法机关根据宪法和法律，既享有普通省级行政区地方立法权，又享有根据自治区政治、经济和文化特点制定自治条例、单行条例的权力。截至2014年底，自治区人民代表大会及其常委会共制定具有区域特色的地方性法规150余件，作出具有法规性决议、决定30余件，批准各自治州和乌鲁木齐市报批的单行条例和地方性法规98件；自治区人民政府制定规章320余件。立法内容涉及政治、经济、文化、教育、宗教、民族团结、社会保障等各个方面。这些地方性法规规章的制定和实施，为维护各族人民的合法权益，促进自治区各项事业的发展提供了法律保障。文章源自英文巴士-https://www.en84.com/8262.html
文章源自英文巴士-https://www.en84.com/8262.html
A distinctive local legislation system is now in place. According to the Constitution and state laws, the local legislature of the autonomous region enjoys both legislative power entitled to provincial-level administrative divisions and the power to enact regulations on the exercise of autonomy and separate regulations based on local special political, economic and cultural conditions. By the end of 2014, the autonomous regional people’s congress and its standing committee had formulated in total over 150 local regulations, passed more than 30 regulatory resolutions and decisions, and approved 98 separate regulations and other local regulations submitted by the various subordinating autonomous prefectures and Urumqi. The autonomous region people’s government had worked out over 320 administrative rules and regulations. The legislation covers various aspects, such as politics, economy, culture, education, religion, ethnic unity and social security. These local rules and regulations provide a legal guarantee to the legitimate rights and interests of all ethnic groups and promote the development of various undertakings of the region.文章源自英文巴士-https://www.en84.com/8262.html
文章源自英文巴士-https://www.en84.com/8262.html
依法行政能力和水平进一步提高。自治区各级人民政府坚持宪法和法律至上，不断创新政府社会管理方式，依法管理行政事务和社会事务、管理经济和文化事业。逐步建立健全服务承诺、一次性告知、限时办结等各项行政管理制度，取消、调整和压减行政审批事项。推行评议考核制度、重大决策终身责任追究制度及责任倒查机制，实施行政执法责任制。确立规范性文件备案审查机制，及时纠正违法和不当的抽象行政行为。依法受理行政复议申请，有效化解行政争议。各级人民政府加大行政问责力度，加强重点领域和关键环节廉政风险防控，增强社会公众和新闻舆论对政府及执法部门的监督。建立和完善群众利益诉求机制和权益保障机制，及时处理各类行政投诉案件，严肃查处违纪违规行为。依法行政工作机制、各类公开办事制度和信息公开制度逐步建立和完善。
Further improvement has been seen in the capability and level of administration by law. The people’s governments at various levels in the autonomous region uphold the supremacy of the Constitution and laws and has made continuous endeavor in innovating new forms of social management for the government to exercise administration, manage social affairs and administer economic and cultural undertakings in accordance with the law. They have established and improved in succession a number of administrative management systems, such as guaranteed service, full notification and conclusion within a time limit, in addition to annulling, adjusting and reducing items subject to administrative examination and approval. Efforts have been made to promote and implement the system of appraisal, the system of life-long accountability for major policy decisions and a responsibility tracking-down system. The system of accountability in administrative enforcement of law has been put in practice. A record-filing and review system has been established for normative documents to correct illegal and improper abstract administrative acts in a timely manner. Administrative review applications have been handled in accordance with the law to resolve administrative disputes in an effective and timely manner. The people’s governments at all levels have intensified efforts in administrative accountability, made greater endeavor in preventing and controlling risks of integrity in key sectors and links, and strengthened oversight by the general public and the media over the government and law enforcement departments. They have established mechanisms for the public to express their concerns in relation to their rights and interests. They have promptly handled administrative complaints and seriously investigated and punished those violating the discipline and regulations. A system of law-based administration, various systems of open handling of affairs and the system of information disclosure have all been set up and augmented step by step.
公正司法水平稳步提升。公安、检察、法院相互配合、相互制约，按照法定权限和程序行使权力。公安机关依法履行职责，维护社会治安，打击刑事犯罪，有效维护了国家安全和社会稳定。检察机关认真履行检察职能，严厉打击各类刑事犯罪，严肃查办贪污贿赂、渎职侵权等职务犯罪，依法履行法律监督职能，自觉接受各级人大和社会各界的监督，促进司法公正。人民法院践行公正为民司法，保障公民、法人和其他组织合法权益，加强审判监督职能，年均办理各类案件30万件左右，并建立健全多元纠纷解决机制、司法救助制度和执行工作机制，推进司法信息公开,司法效率和公正司法水平稳步提升。2014年，新疆各级法院一审服判息诉率达86.85%，在中国裁判文书网上公布各类裁判文书34378份，公布执行案件47580件。
The level of impartial administration of justice has been steadily enhanced. The public security organs, procuratorates and courts have coordinated with and supervise one another and exercise their powers in accordance with the statutory jurisdiction and procedures. Tasked with maintaining social order and punishing crime, the public security organs perform their duties in accordance with the law and effectively safeguard state security and social stability. The procuratorates have earnestly performed their functions as the public prosecutors, striking severe blows at different types of criminal offences, thoroughly investigated and handled various white-collar crimes such as embezzlement, giving and taking bribes, malfeasance, and rights encroachment, exercise their function of legal supervision, and consciously subject themselves to the supervision of the people’s congresses at various levels and the society at large in order to better ensure judicial justice. Observing the principles of upholding justice, administering justice for the people and protecting the legitimate rights and interests of the citizens, legal persons and other organizations, the people’s courts have strengthened the function of adjudication supervision, handled an annual average around 300,000 cases of various types, established and improved a multi-party dispute settlement mechanism, a system of judicial aid and a mechanism of execution, and promoted information disclosure in relation to administration of justice. As a result, gradual improvement has been observed in the efficiency of justice administration and level of impartial administration of justice. In 2014, 86.85 percent of those standing trial at courts of first instance gave up lodging appeals to courts at higher levels, and 34,378 judgment documents have been disclosed on www.court.gov.cn, so have 47,580 executed cases.
法治工作队伍建设不断加强。截至2014年，全区法院系统共有9656人，其中少数民族4192人；检察系统共有5994人，其中少数民族2293人。公安机关不断整合警力资源，队伍的专业化水平和执法能力稳步提升。司法行政机关大力加强队伍建设，充实基层一线力量，干警的履职能力和水平不断提高。法律服务队伍从新疆实际出发，扩大服务范围，提高服务水平。截至2014年底，全区共有各类法律服务机构1503家、各类法律服务人员8206人。其中有律师事务所435家、律师4092人；公证处125个，公证员435人；基层法律服务所738家，基层法律服务工作者2601人；司法鉴定机构93家，司法鉴定人员813名；法律援助机构112个，法律援助工作人员265人。
The contingent of law work has continuously strengthened. By 2014, courts in the autonomous regions had a total of 9,656 law workers, including 4,192 from ethnic minorities; the procuratorates had a total of 5,994 staff members, of whom 2,293 were from minority ethnic groups; and the public security organs have made constant efforts to integrate the police resources, resulting in a steady uplift in their professional and law enforcement capability. The law-enforcing administrative organs have made great efforts to strengthen their ranks, strengthened front-line forces at the grassroots level and the policemen and officers have displayed steady improvement in their competence and capacity to perform their duties. Proceeding from Xinjiang’s reality, the legal service teams have extended the range of and improved the level of service. By the end of 2014, Xinjiang had a total of 1,503 legal service agencies of various types, employing 8,206 legal professionals. Of these, 435 law firms employed 4,092 lawyers; 125 notary offices were manned by 435 notaries; and 738 were community-level legal service offices which hired 2,601 legal service workers. There were 93 judicial expertise institutions with 813 judicial experts. There were also 112 legal aid agencies with 265 workers.
法治宣传教育持续开展。1985年以来，新疆已连续实施了6个五年普法规划。普法宣传教育结合新疆实际，广泛开展了宪法、民族区域自治法和婚姻法等法律法规的普及宣传工作，围绕自治区反恐维稳和“去极端化”工作，深入开展“反暴力、讲法治、讲秩序”宣传教育活动，筑牢各族群众反恐维稳的思想基础。不断创新法治宣传教育方式，加强法治文化阵地建设，加大媒体法治宣传教育力度。“法治新疆”网站成为西北地区第一家大型普法网站，“法律与你同行”“法治在线”广播节目等一批有特色、有影响的法治宣传品牌节目、栏目形成。围绕法治“进机关、进乡村、进社区、进学校、进企业、进单位”，扎实推进法治实践。2011年，《新疆维吾尔自治区法制宣传教育条例》颁布，法治宣传教育工作进入法治化轨道。截至2014年，自治区有60个村被命名为“全国民主法治示范村”，2个地州和21个县（市、区）被命名为“全国法治城市创建工作先进单位”。
The autonomous region constantly promotes education and publicity concerning the rule of law. Since 1985, Xinjiang has implemented six five-year programs in spread of legal knowledge. In the course of carrying out these programs, due consideration has been given to the actual situation in Xinjiang, with major attention being extended to the publicity of such statutes as the country’s Constitution, the Law on Ethnic Regional Autonomy, and the Marriage Law. Centering around the situation of combating terrorism, safeguarding stability and countering extremism in the region, in-depth publicity and education activities themed “anti-violence, rule of law and order” have been carried out to arouse the awareness of people of all ethnic groups there, aiming at laying a solid ideological foundation for combating terrorism and maintaining stability. The region has constantly worked out new ways in the publicity of and education in law-based governance to inspire a culture of rule of law. The media has also intensified its efforts in the public of rule of law. The www.fzxj.cn has turned out to be the first large website in the northwest region to promote the law, and a number of distinctive and influential radio programs and columns publicizing legal knowledge have been emerged, and they included “The Law and You” and “Rule of Law Online.” Solid progress has been made in promoting rule of law in Party and government organs, rural areas, urban communities, schools, enterprises and all social entities. In 2011, the Regulations of Xinjiang Uygur Autonomous Region on Publicity and Education in Rule of Law were promulgated, making the work embark on law-based orbit. By 2014, 60 villages in the region had been named “National Model Villages of Democracy and Rule of Law,” and two prefectures and 21 counties (county-level cities, urban districts) had been nominated as “National Model City for Promoting Rule of Law.”
依法严惩暴力恐怖犯罪。20世纪90年代以来，境内外“三股势力”（民族分裂势力、宗教极端势力、暴力恐怖势力）策划和组织实施了爆炸、暗杀、投毒、纵火、袭击、骚乱及暴乱等一系列暴力恐怖事件，给各族人民群众的生命财产造成了极为严重的损失。其中，2009年乌鲁木齐“7·5”打砸抢烧严重暴力犯罪事件，造成197人死亡，1700余人受伤，财产损失难以估算。2014年喀什莎车“7·28”严重暴力恐怖事件造成无辜群众37人死亡，13人受伤，31辆车被打砸烧毁。暴力恐怖犯罪分子血淋淋的罪行，充分证明了他们绝不是什么“民族”利益、“宗教”利益的代表，而是影响新疆民族团结、社会稳定的重大现实祸患。
Violent and terrorist crimes are punished severely in accordance with the law. Since the 1990s, the three forces (ethnic separatism, religious extremism, and violent terrorism) working from bases both inside and outside China have planned and staged a series of incidents of terror and violence, such as explosion, assassination, poisoning, arson, assault and riot, in Xinjiang and elsewhere, causing great loss to the lives and property of innocent civilians of all ethnic groups. Of them, the July 5 riot in Urumqi in 2009 killed 197, injured over 1,700, and caused huge property damage. Again, the terrorist attack in Kashi’s Shache County on July 28 claimed 37 lives and injured 13, with 31 vehicles being smashed or burned. These violent and bloody crimes show clearly that the perpetrators are anything but representatives of “national” or “religious” interests. They are a great and real threat to ethnic unity and social stability in Xinjiang.
自治区各级司法机关坚持法律面前人人平等、犯罪必惩原则，严格区分一般刑事犯罪与暴力恐怖犯罪，是什么问题就按什么问题处理，坚决维护社会公平正义。公安机关严密防范和严厉打击暴力恐怖犯罪，绝大多数的暴力恐怖团伙被摧毁在预谋阶段；人民检察院依法履行批准逮捕、审查起诉职能，严格履行对侦查、审判活动的法律监督职能；人民法院严格执行法律，坚持在依法保障被告人各项诉讼权利的前提下，对暴力恐怖犯罪的首要分子、罪行重大者坚决依法严惩，对具有自首、立功等情节的，依法从宽处罚。在全国“严厉打击暴力恐怖活动”专项行动中，自治区打掉了一批暴力恐怖团伙，一批在逃人员在政策感召和家人规劝下主动投案自首，新疆暴力恐怖活动频发的势头得到一定遏制。
Judicial organs in the autonomous region have always upheld the principles that everyone is equal before the law and any crime shall be punished; they strictly distinguish commonplace criminal offenses from violent and terrorist crimes and handled them accordingly to firmly maintain social equality and justice. The public security organs are on high alert for signs of violent attacks and terrorism, and respond with the utmost severity. Most terrorist groups have been knocked out at the planning stage. The people’s procuratorates have performed, in accordance with the law, their functions of approving arrest, reviewing the evidence and indictment, and exercising earnest supervision over investigation and trial procedures. The people’s courts administer justice strictly, severely punishing the ringleaders and felons of violent and terrorist crimes, and extending clemency to those who confess their crimes and help with investigations, on the premise that the defendants’ litigation rights are ensured in accordance with the law. In the nationwide special movement to suppress violent and terrorist activities, some violent terrorist gangs have been smashed, and some fugitives have heeded to the advice of their families and are inspired by the state policies to turn themselves in. The tendency of frequent eruptions of violent and terrorist attacks in Xinjiang has been somewhat checked.
