中国人权法治化保障的新进展
Full text: New Progress in the Legal Protection of Human Rights in China
目录
Contents
前言
Preamble
一、不断完善人权保障法律体系
I. Improving the Legal Framework to Ensure Human Rights
二、依法行政保障公民合法权益
II. Promoting Law-based Administration to Protect the Citizens' Lawful Rights and Interests
三、有效提升人权司法保障水平
III. Effectively Enhancing Judicial Protection of Human Rights
四、夯实人权法治化保障的社会基础
IV. Consolidating Social Mechanisms for Legal Protection of Human Rights
五、加强党对人权法治化保障的领导
V. Strengthening the CPC Leadership over Legal Protection of Human Rights
六、积极促进全球人权法治建设
VI. Actively Promoting the Development of Global Human Rights Under the Rule of Law
结束语
Conclusion
前言
Preamble
法治是人类文明进步的标志，也是人权得以实现的保障。全面依法治国，全方位提升人权保障法治化水平，保证人民享有更加充分的权利和自由，努力实现社会公平正义，更好推动人的全面发展、社会全面进步，是中国共产党、中国政府的坚定意志和不懈追求。微博@高斋翻硕 公众号:高斋翻译学堂
The rule of law is a symbol of human progress, and serves as the guarantee for ensuring human rights. It is the determination and ultimate goal of the Communist Party of China (CPC) and the Chinese government to fully implement law-based governance of the country, strengthen legal protection of human rights in all areas, ensure that the Chinese people fully enjoy their rights and freedoms, achieve social fairness and justice, and promote overall human development and social progress.
多年来，中国坚持依法治国基本方略，努力建设社会主义法治国家，人权法治化保障不断迈上新台阶。中共十八大以来，以习近平同志为核心的党中央，坚持以人民为中心的发展思想，从推进国家治理体系和治理能力现代化的高度，作出了全面依法治国的重大战略部署，将尊重和保障人权置于社会主义法治国家建设更加突出的位置，开启了中国人权法治化建设的新时代。
Over the years China has upheld the law-based governance of the country as a basic guideline, striving to put the rule of law in a socialist context and making new progress in legal protection of human rights. Since the 18th CPC National Congress, the Party's Central Committee with Xi Jinping as its core has maintained people-oriented development. As an integral part of its effort to modernize the state governance system and capacity, it has created a strategy of fully enforcing the law-based governance of the country, giving more weight to respecting and ensuring human rights in building socialism under the rule of law, and opening a new era of legal protection of human rights in China.
在推进全面依法治国的伟大进程中，中国将人权保障贯穿于科学立法、严格执法、公正司法、全民守法等各个环节：尊重和保障人权成为立法的一条重要原则，以宪法为核心的中国特色社会主义法律体系不断完善；依法行政深入推进，行政权力运行更加规范；深化司法改革，努力让人民群众在每一个司法案件中感受到公平正义；法治社会建设向纵深发展，全社会法治观念和人权法治保障意识显著增强；中国共产党坚持依法执政，为人权法治化保障提供了坚强保证。
In implementing the law-based governance of the country, China has upheld human rights in every link of the process, from legislation through law enforcement and judicial justice to a law-abiding society. Respecting and ensuring human rights has become an important principle in legislation, and the socialist legal system with Chinese characteristics, with the Constitution at its core, has been steadily improved. Law-based governance has been further implemented, and the exercise of administrative power has been regulated to a fuller extent. Judicial reform has been extended, with the goal of ensuring fairness and justice in every case handled. Further progress has been made in ensuring the rule of law for society, with a significant improvement in elevating public awareness in law and human rights, and the CPC, upholding law-based governance, has laid a solid foundation for legal protection of human rights.
经过五年来的开拓进取和改革发展，中国的人权法治化保障取得巨大成就，中国人民的各项基本权利和自由得到更加切实保障，中国特色社会主义人权发展道路越走越宽广。中国正在以前所未有的伟大实践，丰富着人类文明的多样性，为人类社会发展贡献中国智慧、提供中国方案。微博@高斋翻硕 公众号:高斋翻译学堂
After five years of strenuous effort in reform and development, China has made remarkable progress in law-based human rights protection. People's basic rights and freedoms are now better protected under Chinese socialism. The undertaking of human rights protection in China has made much headway. Committed to a great and unprecedented cause, China is contributing to the diversity of human civilization and providing Chinese wisdom and solutions to promote social progress.
一、不断完善人权保障法律体系
I. Improving the Legal Framework to Ensure Human Rights
完备的法律体系是实现人权法治化保障的前提和基础。中共十八大以来，中国更全面地构建起以宪法为核心，以法律为主干，包括行政法规、地方性法规等规范性文件在内的，由多个法律部门组成的中国特色社会主义法律体系，为保障人权夯实法制基础。
A complete system of laws is the precondition and the basis for realizing legal protection of human rights. Since the 18th CPC National Congress, China has, to a fuller extent, established the Chinese socialist legal system with the Constitution at the core, the laws as the main body, including administrative and local regulations, and various law-related departments, thus laying a solid legal foundation for ensuring human rights.
完善立法体制机制。修改立法法，加强对法规、规章和规范性文件的备案审查制度，明确规定主动审查、向审查申请人反馈及向社会公开制度，依法撤销和纠正违宪违法的法规、规章和规范性文件，保证宪法法律有效实施。2016年，立法机关对行政法规、司法解释进行备案审查37件，有重点地对地方性法规开展主动审查，处理各方面提出的审查建议92件。优化立法权配置，适应地方发展需求，赋予240个设区的市、30个自治州、4个不设区的地级市地方立法权。截至2017年10月，新获地方立法权的市（州）已制定地方性法规456件，制定地方政府规章193件。立法法明确规定，没有上位法依据，部门规章和地方政府规章不得设定减损公民、法人和其他组织权利或者增加其义务的规范，不得增加本部门的权力或者减少本部门的法定职责。将应由立法解决的重大改革措施列入立法规划，适时修改或废止不适应改革要求的法律。2013年至2017年6月，全国人大常委会依照法定程序作出17项立法授权和改革决定，确保有关改革在法制框架内依法有序推进。推进民主立法，完善立法论证、听证、法律草案公开征求意见等制度，使每一项立法反映人民意志。截至2017年10月，十二届全国人大常委会已74次就法律草案公开征求意见。其中，就民法总则草案进行3次审议，3次向社会公开征求意见，组织数十场专家咨询会，共收到15422人次提出的70227条意见；收到针对刑法修正案（九）草案二次审议稿的意见达11万多条。
Improving legislative systems and mechanisms. China has revised the Legislation Law, and strengthened the systems for documenting and reviewing regulations, rules, and other normative documents. There is a clear provision that relevant bodies must take the initiative in reviewing normative documents, send feedback to those who request to have the documents reviewed, and release the results to the public. China has rescinded and corrected laws, regulations and normative documents which conflicted with the Constitution or laws, so that there is no impediment to the functioning of the Constitution and other laws. In 2016 legislative bodies reviewed and put on record 37 administrative regulations and judicial interpretations, reviewed local regulations in targeted areas, and handled 92 requests to review such documents.
China has improved the allocation of legislative power in the context of local development, and accorded local legislative powers to 240 cities with districts, 30 autonomous prefectures, and 4 prefecture-level cities. By October 2017 the cities and prefectures with newly accorded legislative powers had issued 456 local regulations and 193 government rules. It is stipulated in the Legislation Law that rules and regulations made by a department or local government, if not based on laws enacted by upper levels, must not impair the rights of citizens, legal persons, and other organizations, or increase the scope of their obligations, and must not increase the power of that department or reduce that department' s duties prescribed by law.
China has included in its legislation program major reform measures that need to be addressed through legislative procedure, and has revised or abolished laws that fell out of pace with reform. From 2013 to June 2017, the Standing Committee of the National People's Congress (NPC) made 17 legislation authorizations and reform decisions in accordance with legal procedures, ensuring that relevant reforms proceed in an orderly manner within the legal framework.
China has improved its legislative process, including procedures such as discussions, hearings, and soliciting public opinion on draft laws, so that the laws reflect the people's will. By October 2017 the 12th NPC Standing Committee had solicited public opinion on draft laws on 74 occasions. For the draft General Provisions of Civil Law alone, the Standing Committee held three deliberation sessions, sought public opinion on three occasions and organized several dozen expert meetings, and received 70,227 suggestions from 15,422 people. When deliberating on the second reading draft of Amendment (IX) to the Criminal Law, the Committee received more than 110,000 suggestions from the public.
制定民法总则更加充分保障公民权益。十二届全国人大五次会议审议通过民法总则确立了保护权利的立法目的，明确了平等、自愿、公平、诚信等基本原则，彰显了意思自治和权益保护，体现出对个人全面保护、维护人的价值、保障人的发展条件的立法追求。强化了对财产权的保护，明确规定“民事主体的财产权利受法律平等保护”，将物权法中的物权平等保护扩展到所有财产权的平等保护。加大对特定主体民事权利的保护，更好地保护未成年人的利益，将老年人纳入监护制度保护范围。构建完整的民事权利体系，明确规定隐私权受法律保护，强化对个人信息、数据和网络虚拟财产等的保护。微博@高斋翻硕 公众号:高斋翻译学堂
Fully protecting the citizens' rights and interests by enacting the General Provisions of Civil Law. Adopted at the Fifth Session of the 12th NPC, the General Provisions of Civil Law, developed with the purpose of protecting people's rights, offer clear provisions on the basic principles of equality, free will, fairness, and honesty, give prominence to autonomy of will and protection of rights and interests, and reflect the legislators' intention of giving full protection to the person, upholding the value of the individual, and ensuring personal development. The Provisions have strengthened protection of property rights, stipulating that the "property rights of civil subjects are equally protected by law", through which the equal protection of real rights in Property Law is expanded to equal protection of all property rights. The Provisions have strengthened protection of the civil rights of specific subjects, and in particular of the rights and interests of minors, and have included senior citizens in the guardianship system. By enacting the Provisions China has established a complete civil rights system, with clear stipulations that privacy rights are protected by law, and strengthened the protection of personal information, data, and virtual assets online.
完善经济、社会和文化权利领域立法。明确税种的设立，税率的确定和税收征收管理等税收基本制度只能由法律规定。修改就业促进法、劳动合同法、安全生产法、职业病防治法，保障劳动者的合法权益。制定中医药法，修改食品安全法，提升人民群众健康权保障水平。修改人口与计划生育法，落实“全面两孩”政策，提倡一对夫妻生育两个子女。制定公共文化服务保障法和电影产业促进法，丰富公共文化服务内容，推进基本公共文化服务标准化、均等化，保障人民群众文化权益。修改教育法，促进教育公平，推动教育均衡发展，加快普及学前教育，构建覆盖城乡特别是农村的学前教育公共服务体系，更好保障公民受教育权。制定《居住证暂行条例》，推进城镇基本公共服务和便利常住人口全覆盖。全面修订环境保护法、大气污染防治法、野生动物保护法，修改海洋环境保护法、水污染防治法、环境影响评价法、固体废物污染环境防治法，制定环境保护税法，强化环境监管和责任追究，完善环境保护公益诉讼制度，保障公民的环境知情权、参与权和监督权。制定《不动产登记暂行条例》，明确各类不动产实行统一登记，有效保障不动产交易安全，保护不动产权利人合法财产权。修改消费者权益保护法，明确保护消费者个人信息，加大经营者欺诈赔偿责任，重点规制不公平格式条款，保护消费者合法权益。制定境外非政府组织境内活动管理法，促进境外非政府组织在中国境内依法开展交流与合作。制定慈善法，加强慈善组织、慈善活动监管，规范慈善财产使用，促进慈善事业发展，保障慈善组织、捐赠人、志愿者、受益人等慈善活动参与者的合法权益。微博@高斋翻硕 公众号:高斋翻译学堂
Improving legislation on economic, social and cultural rights. It has been made clear that tax categories, tax rates, tax collection and management, and other basic taxation systems can only be set and defined by law. To protect the legitimate rights and interests of workers, China has revised the Employment Promotion Law, the Labor Contract Law, the Law on Production Safety, and the Law on the Prevention and Control of Occupational Disease. To enhance protection of people's health, it has promulgated the Law on Traditional Chinese Medicine and revised the Food Safety Law. China has revised the Law on Population and Family Planning, now encouraging all couples to have two children. China has enacted the Law on Ensuring Public Cultural Services and the Film Industry Promotion Law, in an effort to enrich public cultural services, standardize these services and make them more equally available, and ensure the people' s cultural rights. To protect its citizens' right to education, China has revised the Education Law to promote equality and balanced development of education, accelerate expansion of the scope of preschool education, and build a public service network for preschool education that covers the whole country, especially rural areas. With the promulgation of the Interim Regulations on Residence Permit, all permanent residents in cities and towns are covered by basic public services and are able to enjoy access to urban infrastructure. Some other laws that have been amended or revised include the laws on environmental protection, prevention and control of air pollution, protection of wild animals, marine environmental protection, prevention and control of water pollution, environmental impact assessment, and prevention and control of environmental pollution caused by solid wastes. To strengthen environmental supervision and accountability, improve public interest litigation on environmental protection, and ensure citizens' right to know about, participate in and oversee environment-related issues, China has enacted the Law on Environmental Protection Tax. To register all types of real estate, ensure transaction security, and protect the legitimate property rights of owners of the immovable, China has promulgated the Interim Regulations on Real Estate Registration. In order to protect the personal information of consumers, increase the liability for damage caused by fraud on the part of business operators, regulate unfair terms in contracts prepared by operators, and protect the legitimate rights and interests of consumers, China has revised the Law on the Protection of Consumer Rights and Interests. To promote exchanges and cooperation involving overseas non-governmental organizations in China, China has enacted the Law on the Administration of Activities of Overseas Non-Governmental Organizations Within the Territory of People's Republic of China. And to strengthen supervision over charity organizations and charity activities, regulate the use of charity property, promote the development of charity in China, and protect the legitimate rights and interests of charity organizations, donors, volunteers, beneficiaries, and other participants in charity activities, China has promulgated the Charity Law.
健全公民及政治权利领域立法。修改刑法，取消9个死刑罪名，提高对死缓罪犯执行死刑的门槛。修改民事诉讼法，明确检察机关可以提起民事公益诉讼。修改行政诉讼法，完善行政审判体制，扩大行政诉讼受案范围，放宽行政诉讼原告和第三人资格限制，加大对行政审判的监督和法院裁判的执行力度，保护行政诉讼当事人合法权益。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》，废止劳动教养制度。实施宪法规定的特赦制度，对4类部分服刑罪犯实行特赦，彰显全面依法治国和人道主义精神。制定国家安全法、国家情报法、反间谍法、反恐怖主义法、网络安全法、核安全法等一系列法律，国务院及有关部门密集出台有关网络安全方面的行政法规、规章，最高人民法院、最高人民检察院制定《关于办理利用信息网络实施诽谤等刑事案件适用法律若干问题的解释》等司法解释，为维护国家安全、公共安全和公民人身财产安全提供坚实的法制保障。
Improving legislation on civil and political rights. China has revised the Criminal Law, abolishing nine death penalty charges and raising the bar on executing convicts that have received a death sentence with a two-year reprieve; revised the Civil Procedure Law, allowing procuratorial organs to lodge civil public interest lawsuits; and revised the Administrative Procedure Law, to improve the administrative adjudication system, expand the scope of accepting administrative litigation cases, relax restrictions on the qualification of plaintiffs in administrative litigation and third parties, strengthen supervision over administrative adjudication and enforcement of court rulings, and protect the legitimate rights and interests of parties in administrative proceedings. The Standing Committee of the NPC passed the Decision on Annulment of the Regulations on Education Through Labor, putting an end to this sanction. To implement the rule of law and promote humanitarianism, China has implemented the amnesty system stipulated in the Constitution, and granted amnesty for four types of criminals. China has promulgated the National Security Law, National Intelligence Law, Counter-Espionage Law, Counter-Terrorism Law, Cyber Security Law, and Nuclear Security Law. The central government, also known as the State Council, and relevant departments have issued a series of administrative regulations on cyber security; the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation on Several Issues Regarding the Applicable Law in Cases of Using Information Networks to Commit Defamation and Other Such Crimes" and other judicial interpretations, providing a solid legal basis for safeguarding national security, public security, and personal and property security.
加强特定群体权利保障立法。制定反家庭暴力法，设立公安告诫、人身安全保护令和强制报告等制度，明确加害人法律责任及追究程序，切实保护家庭暴力受害人特别是未成年人、老年人、残疾人、孕期和哺乳期妇女、重病患者的合法权益。修改刑法，加大对拐卖妇女儿童犯罪收买方的刑事处罚力度，将收买被拐卖妇女儿童的行为一律纳入刑事责任追究范围；明确规定，虐待被监护、看护的未成年人、老年人、患病的人、残疾人，情节恶劣的，追究刑事责任。制定《校车安全管理条例》，保障学生人身安全。制定、修改《无障碍环境建设条例》《残疾预防和残疾人康复条例》《残疾人教育条例》等，完善残疾人权益保障。探索建立法规政策性别平等评估机制，截至2017年6月，全国已有27个省（区、市）建立了此类机制。微博@高斋翻硕 公众号:高斋翻译学堂
Strengthening legislation on ensuring the rights of special groups. China has enacted the Anti-Domestic Violence Law, and set up systems such as written admonition, personal safety protection writ, and compulsory report, making clear the legal liabilities of the perpetrators and the procedure of investigation in order to effectively protect the legitimate rights and interests of victims of domestic violence, particularly minors, the elderly, the disabled, pregnant and lactating women, and the seriously ill. China has revised the Criminal Law, increasing criminal punishment for buyers of abducted women and children, and has criminalized such acts. It is clearly stipulated that anyone who maltreats a minor, an elderly person, a sick person, or a disabled person, for whose support they are responsible, will be held criminally liable if the case is serious. China has formulated the Regulations on School Bus Safety to ensure students' personal safety; and enacted and revised the Regulations on Building an Accessible Environment, Regulations on Disability Prevention and Rehabilitation, and Regulations on Education for Persons with Disability, to enhance protection of the rights of disabled persons. A gender equality evaluation mechanism for laws and policies had been set up in 27 provinces and equivalent administrative units by June 2017.
二、依法行政保障公民合法权益
II. Promoting Law-based Administration to Protect the Citizens' Lawful Rights and Interests
依法行政，建设法治政府，是人权法治化保障的重要环节。中共十八大以来，中国推进政府职权法定化，严格规范行政执法，强化对行政权力的制约和监督，全面实施《法治政府建设实施纲要（2015—2020年）》，有效维护广大人民群众合法权益。
Law-based administration is important in legal protection of human rights. Since the 18th CPC National Congress in 2012, China has made it clear that all government functions and powers must be provided for in the law, strictly regulated the administrative enforcement of law, strengthened checks and scrutiny over government power, and put into effect the "Implementation Outline for Building a Law-based Government (2015-2020)", thereby effectively protecting the people's legitimate rights and interests.
依法明确行政权力边界。职权法定是依法行政的前提。国家加快推进行政机构、职能、权限、程序、责任法定化，禁止行政机关法外设定权力，把权力关进制度的笼子。深入推进行政审批制度改革，中共十八大以来，国务院部门累计取消行政审批事项618项，彻底清除非行政许可审批，中央指定地方实施行政许可事项目录清单取消269项，国务院行政审批中介服务清单取消320项，国务院部门设置的职业资格许可和认定事项削减比例达70%以上，3次修订政府核准的投资项目目录，中央层面核准的投资项目数量累计减少90%。实施权力清单、责任清单制度，将政府职能、法律依据、职责权限等内容以权力清单的形式向社会公开，截至2016年，全国31个省级政府部门均已公布权力清单。加强规范性文件监督管理，行政机关规范性文件不得设定行政许可、行政处罚、行政强制，各类行政法规、规章和规范性文件都已纳入备案审查范围，实现“有件必备，有备必审，有错必究”。微博@高斋翻硕 公众号:高斋翻译学堂
Delimiting administrative power in accordance with the law. That all government functions and powers are provided for in the law is the prerequisite for law-based administration. The state has accelerated the process of defining in law the administrative structure and its functions, powers, procedures and responsibilities, prohibited administrative organs from expanding power beyond the law, and confined the exercise of power in an institutional "cage".
China is also pressing ahead with the reform of administrative approval. Since the 18th CPC National Congress, the State Council departments have canceled the requirement for administrative approval on 618 items and put an end to the practice of non-administrative approval, and 269 items designated by the central government for local government approvals and accreditations have been annulled. The State Council has removed 320 intermediary services from administrative approval, and cut off over 70 percent of professional qualification approvals and accreditations set by its departments. The investment catalogue for government approval has been revised three times, by means of which the number of investment items requiring central government approval has fallen by 90 percent.
China has implemented the system of power or responsibility list, through which the public can obtain information about government functions, duties and powers, and their legal basis. By 2016, 31 provincial-level governments had published such lists.
The Chinese government has strengthened the supervision and management of normative documents. Normative documents issued by government organs should not set items for administrative permission, punishment or coercion. All administrative regulations and normative documents must be filed for record and examined, and mistakes, if any, must be investigated.
依法约束行政权力行使。建立权责统一、权威高效的行政执法体制。推进行政执法体制改革，在食品药品安全、工商质检、公共卫生、安全生产、资源环境、交通运输、城乡建设等领域进一步推行综合执法。完善行政执法程序，探索建立行政裁量基准制度。开展行政执法公示制度、执法全过程记录制度、重大执法决定法制审核制度试点。创新行政执法方式，推广说服教育、劝导示范、行政指导、行政奖励等非强制性执法手段。规范执法言行，推行人性化执法、柔性执法、阳光执法。实行行政执法人员持证上岗和资格管理制度。发布《关于深化公安执法规范化建设的意见》，全面建设法治公安，进一步细化公安执法标准和指引，完善执法监督管理体系，健全依法决策机制。截至2017年上半年，全国公安机关共有227.02万人次民警取得基本级执法资格，135.03万人次民警取得中级执法资格，4.08万人次民警取得高级执法资格。全方位开展审计工作，积极推进对公共资金、国有资产、国有资源和领导干部履行经济责任情况的审计全覆盖，定期向社会公告审计结果，充分发挥审计监督约束行政权力运行的作用。加大行政问责力度，推进责任政府建设，普遍建立行政机关内部重大决策合法性审查机制，探索建立和实施重大决策终身责任追究制度及责任倒查机制，按照“谁决策、谁负责”的原则，对超越权限、违反程序决策造成重大损失的，严肃追究决策者责任。实施《党政领导干部生态环境损害责任追究办法（试行）》，对25种党政领导干部生态环境损害情形实行党政同责、终身追责，提高各级领导干部保护自然生态和环境权利的责任意识。微博@高斋翻硕 公众号:高斋翻译学堂
Checking in accordance with the law the exercise of administrative power. China aims to establish an authoritative and efficient administrative law enforcement system in which power is consistent with responsibility.
The Chinese government has accelerated the reform of the administrative law enforcement system, and further promoted synthesized law enforcement in fields such as food and drug safety, industrial and commercial quality inspection, public health, workplace safety, resource and environment protection, traffic and transport, and urban and rural construction.
It has improved the administrative law enforcement procedure, and explored the means to establish a benchmark system for discretion in enforcement. In some areas China has conducted three experiments: disclosing information concerning administrative law enforcement, recording the whole enforcement process, and reviewing the legality of major enforcement decisions.
The government has tried out innovative enforcement methods, and widespread non-coercive ones, including persuasion, teaching, citing good examples, and administrative guidance and rewards. It has regulated words and conduct of law-enforcement personnel, and required them to be flexible, reasonable and open in their approach to enforcement. It has established a qualification system for enforcement personnel and prohibited anyone without the required license from serving.
In order to make full progress in building a law-abiding public security system, the Chinese government issued the "Decisions on Further Regulating the Public Security Departments in Law Enforcement", established more detailed law-enforcement standards and guidance, improved the supervision and management system, and amplified the law-based decision-making mechanism. By the end of June 2017, 2.27 million police officers all over the country had basic level certification for law enforcement, 1.35 million had obtained mid-level certification, and almost 41,000 had gained upper-level certification.
China has expanded the auditing of all aspects of government affairs, especially in areas like public funds, state property, national resources, and how officials in leading positions fulfill economic duties. It has published the audit results regularly, so as to give a full play to the role of audit in scrutinizing and checking the exercise of power.
The Chinese government has strengthened the accountability investigation for administrative errors. To build a responsible government, it has set up a mechanism of internal legitimacy review of major decisions, and explored the means to establish and implement a lifelong liability accounting system for major decisions and a retrospective mechanism to hold people accountable for wrong decisions. Abiding by the principle that the decision-maker assumes the responsibility, anyone who causes heavy losses by exceeding his/her competence or infringing the decision-making procedure must be held accountable.
In order to raise officials' awareness of responsibilities for protecting the ecological system and people's environmental rights, the Measures for Liability Investigation of Party and Government Officials for Damage to Ecological Environment (trial) stipulate that both senior Party officials and leading government officials will have lifelong accountability for 25 specified types of damage to the ecological environment.
依法保障公民在行政决策中的参与权。优化决策程序，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。推行政府法律顾问制度和公职律师制度，推动县级以上各级党政机关普遍设立法律顾问、公职律师，为重大决策、重大行政行为提供法律意见。探索建立行政决策咨询论证专家库，对专业性、技术性较强的决策事项组织专家、专业机构进行论证，提高依法行政的能力水平。有关部门在规范网约车、快递行业等民生领域事项决策过程中广泛征求各方意见，统筹兼顾不同群体的利益诉求。
Safeguarding in accordance with the law the citizens' right to participate in administrative decision making. The government has improved decision-making procedures, which define public participation, expert evaluation, risk assessment, legality review, and collective discussion and decision as the legal procedures for making major administrative decisions.
The central government has encouraged local governments at or above the county level to employ legal advisers and lawyers to provide legal opinions for major administrative decisions and actions.
China has also explored to set up a consulting expert database for administrative decisions. The governments invite experts and specialized institutes to discuss on those decision matters of strong professional or technological nature, so as to increase their capabilities in law-based administration.
When making decisions on people's livelihood like E-hailing and express delivery services, the related departments of the Chinese government solicited opinions from a wide range of circles to balance the interests and requests of different groups.
依法保障公民对行政权力的监督权。以政府信息公开条例为依据，坚持以公开为常态，不公开为例外原则，重点推进行政审批、财政预决算、保障性住房、食品药品安全、征地拆迁等领域的信息公开。创新政务公开方式，加强互联网政务信息数据服务平台和便民服务平台建设，提高政务公开信息化、集中化水平，增强公民获取信息的便捷性，126个政府单位政务网站完成了无障碍改造。建立对行政机关违法行政行为投诉举报登记制度，畅通举报邮箱、电子信箱、热线电话等监督渠道。发挥报刊、广播、电视等传统媒体监督作用，运用和规范网络监督。
Protecting in accordance with the law the citizens' right to scrutinize the exercise of administrative power. In the context of the Regulations on the Disclosure of Government Information and adhering to the principle that information is to be withheld only in exceptional circumstances, the government prioritizes for information disclosure in such fields as administrative approval, fiscal budget and final accounts, basic need housing, food and drug safety, land requisition and resettlement of displaced residents.
New channels of disclosure have been created. The government has improved online government information services and online administrative services, giving a greater role to IT in the disclosure of government information and making public access to such information more convenient. The websites of 126 government departments have been upgraded for the benefit of people with disabilities.
The government has set up a registration system that allows complaints and reports of illegal conduct by administrative departments to be made via mail, email, hotlines and other channels of supervision. It also attaches importance to the supervisory role of traditional media like newspapers, periodicals, broadcasters and television, and regulates and accepts online oversight.
依法治理侵犯公民生命健康财产权利的突出问题。对环境污染采取零容忍，依法清理“散乱污”企业、关停整改违法排污企业。在餐饮业实施“明厨亮灶”，加强稽查执法。在安全生产领域强化监管执法，不间断开展明查暗访、突击检查、随机抽查，全面排查各类风险隐患。集中打击电信网络诈骗犯罪，公安部、工业和信息化部等23个部门和单位建立打击治理电信网络新型违法犯罪工作部际联席会议制度，最高人民法院、最高人民检察院、公安部等部门联合发布《关于防范和打击电信网络诈骗犯罪的通告》，坚持侦查打击、重点整治、防范治理三管齐下，不断完善相关执法制度，有效遏制案发态势，维护了人民群众的生命财产安全。加强和创新社会治理，把社会治安专项治理与系统治理、综合治理、依法治理、源头治理结合起来，解决了一批影响社会治安的突出问题，人民群众安全感进一步增强。
Tackling in accordance with the law the serious issues that infringe the citizens' rights of life, health and property. The government takes a zero-tolerance attitude toward environmental pollution. In accordance with the law, the government has closed or rectified small, poorly-managed and heavily-polluting enterprises, and enterprises that illegally discharge pollutants.
The government has strengthened inspection and law enforcement in the catering industry, encouraging open restaurant kitchens.
In order to ensure workplace safety, the government has enhanced supervisory inspections to seek out hidden hazards and dangers through regular open and secret visits, unannounced investigations, and random checks.
China prioritizes the fight against telemarketing scams and internet fraud. The Ministry of Public Security, the Ministry of Industry and Information Technology, and other 21 ministries and institutions have established an interdepartmental meeting mechanism on fighting new forms of telemarketing scams and internet fraud, and the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and several other departments have jointly issued the "Notice on Deterring and Combating Crimes of Telemarketing Scams and Internet Fraud". Through investigation, punishment and prevention of crimes, the related departments have improved the relevant law-enforcement mechanisms, stopped the spread of such crimes, and safeguarded the people's security and property.
The government has strengthened social governance and fostered innovation in this regard. By strengthening and innovating governance of a safe society, integrating such governance with the systemic, comprehensive and law-based governance, and addressing the root causes of problems, China has resolved a number of serious problems that threatened the social peace and order. The public's sense of security has been further reinforced.
三、有效提升人权司法保障水平
III. Effectively Enhancing Judicial Protection of Human Rights
司法是人权保障的重要防线。中共十八大以来，中国坚持司法为民，将惩治犯罪与保障人权相统一，坚定不移推进司法体制改革，不断发展和完善中国特色社会主义司法制度，努力让人民群众在每一个司法案件中都感受到公平正义。
The judicial system plays a significant role in human rights protection. Since the 18th CPC National Congress, China has put people first in its judicial system, integrated criminal punishment with human rights protection, pressed ahead with judicial system reform, continuously developed and improved a socialist judicial system with Chinese characteristics, and endeavored to embody fairness and justice in each and every legal case.
确保审判权检察权依法独立公正行使。全面落实司法责任制改革，健全司法人员分类管理制度，全面推开员额制改革，全国法官人数从19.88万人精简到12万人，检察官人数从15.8万人精简到8.6万人，司法人员正规化、专业化、职业化水平进一步提升。让审理者裁判，由裁判者负责，法官和检察官在职责范围内对案件质量终身负责。在严格落实司法责任制基础上，建立起符合司法人员职业特点的职业保障制度。健全司法人员依法履职保护机制，明确法官、检察官依法办理案件不受行政机关、社会团体和个人的干涉。推动省以下地方法院、检察院人财物省级统管，设立最高人民法院巡回法庭和跨行政区划法院、检察院，推进行政案件跨行政区划集中管辖。权责明晰、监管有效、保障有力的司法权运行机制不断完善。微博@高斋翻硕 公众号:高斋翻译学堂
Guaranteeing independent and impartial enforcement of judicial and procuratorial authorities as per the law. Thanks to comprehensive implementation of judicial accountability reform, improvement of the classified management system of judicial personnel, and full adoption of judge quota system reform, the number of judges has been streamlined from 198,800 to 120,000, and procurators from 158,000 to 86,000. Further progress has been made in standardization, specialization and professionalization. According to the principle that those who review a case pass judgment, and those who pass judgment are held accountable, judges and procurators are subject to life-long accountability for cases they handle during their service. Based on strict implementation of judicial accountability, a career security system in line with professional characteristics of judicial personnel has been established.
The mechanism that guarantees performance of duty of judicial personnel in accordance with the law has been improved, clearly stipulating that judges and procurators are to be free from interference by administrative organs, social groups and individuals when handling cases as per the law. Provincial-level courts and procuratorates have direct jurisdiction over the staffing, finance and property of their subordinate courts and procuratorates, and circuit courts under the Supreme People's Court and trans-regional courts and procuratorates have been set up to handle trans-regional cases in a concentrated way. The enforcement mechanism of judicial power, which explicitly differentiates power and responsibility, features effective supervision and regulation, and guarantees protection, continues to be improved.
推进以审判为中心的刑事诉讼制度改革。明确刑事诉讼各阶段的基本证据标准，做到案件事实证据经得起法律检验，确保无罪的人不受刑事追究，有罪的人受到公正惩罚。发布《关于推进以审判为中心的刑事诉讼制度改革的意见》及其实施意见，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，确保审判程序合法化、正当化，保证庭审在查明事实、认定证据、保护诉权、公正裁判中发挥决定性作用。坚持繁简分流，区别对待，在北京等18个城市开展刑事速裁程序改革试点，从2014年试点以来，试点法院速裁案件超过90%立案后10日内审结，被告人上诉率仅为2%，审判效果和诉讼效率明显提升，当事人权利得到有效保护。在这一试点基础上，进一步开展认罪认罚从宽制度改革试点，对于犯罪嫌疑人、被告人自愿认罪、自愿接受处罚、积极退赃退赔的，依法从宽处理，在提高诉讼效率的同时，有效减少社会对抗，及时修复社会关系。
Pressing forward with reform of the criminal litigation system centering on trials. Basic evidence criteria at all stages of criminal litigation have to be made clear to ensure that factual evidence must withstand the test of the law, that innocent people are safeguarded from criminal punishment, and that the guilty ones are brought to justice. "The Opinions on Pushing Forward the Reform of the Criminal Litigation System Centering on Trials" and its implementing rules have been released to accelerate the reform of the criminal litigation system centering on trials, to strictly carry out the principle of assessing penalty by law, evidence-based adjudication and excluding illegally-obtained evidence, to guarantee legalization and justification of trial procedures, and to ensure that trial in court plays a decisive role in investigating facts, confirming evidence, protecting litigants' rights, and impartially adjudicating cases. A mechanism to separate complicated cases from simple ones has been applied to handle each in a distinct way. Since 2014, when the summary proceeding for criminal cases was adopted as trial in 18 cities including Beijing, pilot courts have concluded over 90 percent of cases within ten days of filing, with a rate of appeal of only 2 percent. Trial effectiveness and litigation efficiency have seen considerable improvement, and the rights of litigants have been effectively protected. In addition, the pilot reform of imposing lesser penalties on suspects who admit their guilt and accept punishment has been extended. To increase litigation efficiency, effectively reduce social conflict, and repair social relations as quickly as possible, lesser penalties will be imposed on criminal suspects and defendants who acknowledge their guilt, accept punishment, return ill-gotten gains, or make compensation as per the law.
保障人民群众诉讼权益。人民法院改立案审查制为立案登记制，切实做到有案必立、有诉必理，充分保障当事人的诉权。各级法院自2015年5月实施立案登记制以来，当场登记立案率保持在95%以上，截至2017年9月，登记立案数量超过3900万件。公安部发布《关于改革完善受案立案制度的意见》，规定对于群众报案、控告、举报、扭送，违法犯罪嫌疑人投案，以及上级机关交办或者其他机关移送的案件，属于公安机关管辖的，公安机关必须接受，不得推诿。截至2017年6月，全国省级公安机关都已出台受案、立案改革实施意见，18个省级公安机关增设了案管机构，使受案立案工作更加规范、高效、便民、公开。
Guaranteeing individual rights and interests in litigation. People's courts have changed the case filing review system into a case filing register system to put every case on file and review any litigation to completely protect the litigious rights of the parties concerned. Since the adoption of the case register system in May 2015 people's courts have registered and taken up on the spot 95 percent or more of the cases. By September 2017 over 39 million cases had been filed through registration. The Ministry of Public Security has released the "Opinions on Reforming and Improving the System of Accepting and Filing Cases", stipulating that public security organs must accept cases within their jurisdiction reported by people or handed over by superior organs and counterparts, and deal without any prevarication with accusation, seizure and delivery, and voluntary surrender. By June 2017 public security organs at provincial level had released opinions on carrying out reform on accepting and filing cases, and 18 provincial public security organs had set up case management departments to make case acceptance and filing more standardized, effective, convenient, and transparent.
坚持非法证据排除规则。严格落实刑事诉讼法关于非法证据排除规则的规定，进一步明确需要进行录音录像的案件范围、录制要求等，检察机关和公安机关在讯问职务犯罪案件，可能判处无期徒刑、死刑的案件，以及其他重大犯罪案件的嫌疑人时实行全程同步录音录像，规范侦查讯问活动。发布实施《关于办理刑事案件严格排除非法证据若干问题的规定》，进一步明确了刑事诉讼各环节非法证据的认定标准和排除程序，将以威胁、非法限制人身自由方法收集的证据纳入非法证据排除规则的适用对象，确立了重复性排除规则，强化了辩护人的非法证据排除权，明确了庭前会议对证据收集是否合法的初步审查功能，明确了非法获取的证人证言和被害人陈述以及实物证据的排除规则和当庭裁决原则。2013年以来，各级检察机关因排除非法证据决定不批捕2624人，不起诉870人。
Abiding by the rules concerning excluding illegally-obtained evidence. In order to regulate investigation and interrogation activities, we need to put in place strict rules concerning excluding illegally-obtained evidence stipulated by the Criminal Procedure Law, further clarify the scope and requirements of interrogation recording for cases subject to audio and video recording, and require that procuratorates and public security organs must have complete real-time audio and video recording when interrogating suspects concerning power abuse, those who might incur life imprisonment or the death penalty, and other suspects of major crimes. Provisions on Several Issues Concerning the Strict Exclusion of Illegally-obtained Evidence in Handling Criminal Cases has been released, further clarifying criteria and exclusion processes for illegally-obtained evidence at all stages of criminal procedure. Evidence collected by means of threat or illegal confinement should be subject to the rules of excluding illegally-obtained evidence. There are rules on exclusion of repeated illegally-obtained evidence, and the defense counsel now has more say in excluding illegally-obtained evidence. The Provisions clarify preliminary review functions of the pretrial conference on legitimacy of collected evidence, exclusion rules concerning illegally-obtained witness testimony, statements of victims and tangible evidence, and the principle of on-court verdict. Since 2013 procuratorates have withheld their approval in the case of 2,624 arrests, and declined to prosecute 870 accused through exclusion of illegally-obtained evidence.
防范和纠正冤假错案。公安部发布《关于进一步加强和改进刑事执法办案工作切实防止发生冤假错案的通知》等文件，深化错案预防机制制度建设，完善执法制度和办案标准，强化案件审核把关，规范考评奖惩，从源头上防止冤假错案的发生。司法部发布《关于进一步发挥司法鉴定制度作用防止冤假错案的意见》，全面加强司法鉴定管理，进一步规范司法鉴定活动。最高人民检察院发布《关于切实履行检察职能防止和纠正冤假错案的若干意见》，严把事实关、程序关和法律适用关，健全检察环节错案发现、纠正、防范和责任追究机制。最高人民法院发布《关于建立健全防范刑事冤假错案工作机制的意见》，规定对定罪证据不足的案件应当依法宣告被告人无罪，确保无罪的人不受刑事追究。各级法院依据事实和法律公正审判，并对冤假错案进行依法纠正。2013年至2017年，各级法院纠正重大冤假错案37件61人，共依法宣告4032名被告人无罪。微博@高斋翻硕 公众号:高斋翻译学堂
Preventing and correcting wrongful convictions. The Ministry of Public Security issued the "Notice on Further Strengthening and Improving Law Enforcement to Prevent Miscarriages of Justice" and other documents to reinforce the mechanism and system preventing miscarriages of justice, improve the law enforcement system and case handling criteria, strengthen case scrutiny, and regulate the procedures of assessing, evaluating, rewarding and penalizing law enforcement personnel to prevent miscarriages of justice at source. The Ministry of Justice released the "Opinions on Maximizing the Functions of the Forensic Assessment System to Prevent Miscarriages of Justice" to strengthen all-round forensic assessment management and further regulate such activities. The Supreme People's Procuratorate released "Several Opinions on Effectively Performing Procuratorial Functions to Prevent and Correct Miscarriages of Justice", scrutinizing all activities concerning evidence, procedures and application of laws, improving the system of discovery, correction, and prevention of cases of misjudgment, and holding to account those responsible. The Supreme People's Court issued the "Opinions on Establishing and Improving the Working Mechanisms for the Prevention of Miscarriages of Justice in Criminal Cases", stipulating that the defendant should be acquitted in cases of lack of evidence, and no one should be punished without criminal evidence. People's courts at all levels conduct impartial trials in line with fact and law and make corrections when they find wrongful cases. From 2013 to 2017 they corrected 37 wrongful convictions involving 61 people, and acquitted 4,032 defendants as per the law.
保障律师执业权利。律师执业权利保障水平，关系到当事人权利能否得到有效维护，关系到法律能否得到准确实施。中国制定或修改了多部法律法规和文件，律师的执业权利正在得到越来越充分的尊重和保障。发布《关于深化律师制度改革的意见》《关于依法保障律师执业权利的规定》《关于建立健全维护律师执业权利快速联动处置机制的通知》《关于进一步做好保障律师执业权利相关工作的通知》《关于开展刑事案件律师辩护全覆盖试点工作的办法》等，对律师执业权利保障规定了多层次的措施，着力解决当前律师权利保障中存在的突出问题，进一步明确了各部门对律师执业权利和人身权利的保障职责。最高人民法院开通律师服务平台，实现网上立案、网上阅卷、联系法官等功能，为律师行使执业权利提供便利条件。2013年以来，各级检察机关监督纠正有关机关及其办案人员阻碍律师依法执业的案件6542件。截至2017年3月，31个省级律师协会维权中心全部建成，大部分设区的市建立了维权中心，基本实现全覆盖。截至2017年8月，律师人数已达33万多人，律师事务所发展到2.6万多家。全国律师每年办理诉讼案件330多万件，办理非诉讼法律事务100多万件，年均承办法律援助案件50多万件，提供公益法律服务230多万件次，担任法律顾问50多万家。
Protecting lawyers' right to practice. The protection of lawyers' right to practice is essential to protecting the lawful rights and interests of their clients and ensuring proper enforcement of the laws. China has formulated or revised multiple laws, regulations and documents to better respect and guarantee lawyers' right to practice. "The Opinions on Deepening the Reform on the Lawyer System", the Regulations on Guaranteeing Lawyers' Right to Practice by Law, the "Notice on Formulating and Completing Fast Response Mechanism to Safeguard Lawyers' Right to Practice", the "Notice on Further Improving the Work to Guarantee Lawyers' Right to Practice", and the Measures on the Pilot Work to Apply Lawyer Defense to All Criminal Cases have been released, stipulating multiple-level measures to protect lawyers' right to practice, resolve prominent conflicts in the protection of lawyers' rights, and further clarify the duties of relevant departments to protect lawyers' right to practice and the right of persons. The Supreme People's Court has opened an online service platform for lawyers. Via this platform, lawyers will be able to file cases, access files, and contact judges. Since 2013 procuratorates at all levels have regulated and corrected 6,542 cases in which lawyers' right to practice were being impeded by state organs and case-handling personnel. By March 2017 rights protection centers had been established in 31 provincial-level lawyers' associations and in most cities with districts, basically covering the whole country. By August 2017 there were more than 330,000 lawyers and over 26,000 law firms across the country. Every year lawyers handle over 3.3 million lawsuits, more than one million non-litigation legal matters, take on over 500,000 cases of legal aid, offer public legal services in more than 2.3 million cases, and act as legal consultant for more than 500,000 entities.
保障犯罪嫌疑人、被告人、服刑人合法权利。完善对在押犯罪嫌疑人、被告人强制措施的解除和变更程序，减少羁押性强制措施适用，各级检察机关对不构成犯罪或证据不足的，依法决定不批捕或不起诉，对认为确有错误的刑事裁判依法提出抗诉。2012年至2016年，全国检察机关对不需要继续羁押的12552名犯罪嫌疑人建议释放或者变更强制措施。2016年，各级检察机关对侦查机关不应当立案而立案的，督促撤案10661件；监督纠正违法取证、违法适用强制措施等侦查活动违法情形34230件；对不构成犯罪或证据不足的，不批准逮捕132081人，不起诉26670人；对认为确有错误的刑事裁判提出抗诉7185件。改善羁押和监管条件，加强看守所和监狱的建设和管理，保障被羁押人、服刑人的人身安全和其他合法权利不受侵犯。截至2017年6月，全国看守所普遍建立被羁押人心理咨询室，有2501个看守所实现留所服刑罪犯互联网双向视频会见；全国2400多个看守所建立了法律援助工作站，为在押人员提供法律帮助。截至2016年，全国看守所均建立了在押人员投诉处理机制，有2489个看守所聘请了特邀监督员。完善刑罚执行制度，健全社区矫正制度。截至2017年6月，各地累计接收社区矫正对象343.6万人，累计解除社区矫正273.6万人，现有社区矫正对象70万人。全国共建立县（区）社区矫正中心2075个。现有社区服务基地25278个，教育基地9373个，就业基地8272个，社区矫正小组68.7万个。社区矫正对象在矫正期间的重新违法犯罪率为0.2%。微博@高斋翻硕 公众号:高斋翻译学堂
Guaranteeing the legitimate rights and interests of criminal suspects, defendants and prisoners. China has improved the procedures for granting exemptions from or altering of compulsory measures to suspects in custody and defendants, and reduced the application of compulsory measures of custody. Procuratorates at all levels, in accordance with the law, decide not to arrest or prosecute anyone for acts that they do not consider to be a crime or when there is insufficient evidence, and contest the criminal ruling when they believe that there is a real error in accordance with the law. From 2012 to 2016, procuratorial organs across the country recommended release or changes in the compulsory measures in case of 12,552 criminal suspects who did not require further detention. In 2016, procuratorial organs at all levels urged the withdrawal of 10,661 cases that they considered should not have been filed by investigation organs. They scrutinized and corrected 34,230 cases of investigation activities involving obtaining evidence in contravention of the law, and illegally applying compulsory measures. They rejected the arrest of 132,081 suspects and the prosecution of 26,670 accused for acts that did not constitute a crime or where there was insufficient evidence, and they filed 7,185 criminal counter appeals against wrong judgment.
The state has improved the conditions of detention and supervision, strengthened the construction and management of detention facilities and prisons, and guaranteed personal safety and other legitimate rights and interests of detainees and prisoners. By June 2017, psychological counseling rooms had been widely established in detention centers in China; 2,501 detention centers had two-way video calling services through the internet for detainees and prisoners, and more than 2,400 detention centers across the country had set up legal aid workstations to provide legal assistance to detainees. As of 2016, all detention centers in the country had set up complaint-handling mechanisms for detainees, and 2,489 detention centers had appointed special supervisors. China has improved the execution of penalties and the institutions of community correction.[Community correction refers to non-imprisonment correction penalty imposed on those whose crimes are relatively minor and who have been sentenced to public surveillance, probation, release on parole, and temporary execution outside prison.] By the end of June 2017, administrative organs of justice around the country had received a total of 3.4 million persons subject to community correction. Of these, 2.7 million had completed their correction, and 700,000 continued their community correction. A total of 2,075 county and district community correction centers have been set up nationwide. There are 25,278 community service bases, 9,373 education bases, 8,272 employment bases, and 687,000 community correction groups in China. The recidivism rate in the case of those assigned to community correction is 0.2 percent.
完善法律援助制度。加强刑事法律援助工作，落实刑事诉讼法及相关配套法规制度关于法律援助范围的规定，建立法律援助参与刑事和解、死刑复核案件办理工作机制和法律援助值班律师制度，健全依申请法律援助工作机制、办案机关通知辩护工作机制及法律援助参与刑事案件速裁程序试点工作机制，依法为更多的刑事诉讼当事人提供法律援助。扩大民事、行政法律援助覆盖面，与民生紧密相关的事项逐步纳入法律援助补充事项范围。放宽经济困难标准，法律援助门槛进一步降低，惠及更多困难群众。完善法律援助便民服务机制，努力实现法律援助咨询服务全覆盖，推进法律援助标准化建设。2013年至2016年，全国法律援助经费总额达到73亿元，共办理法律援助案件500余万件，受援群众超过557万人，提供法律咨询超过2800万人次。
Improving the legal assistance system. China has reinforced criminal legal assistance. China has implemented provisions of the Criminal Procedure Law and other relevant laws and regulations on legal assistance. It has established a working mechanism of legal assistance contributing to the settlement of cases involving victim-offender reconciliation and the review of death penalty, and the legal assistance duty counsel system. China has improved the mechanisms for providing legal assistance to applicants, and for public security organs and procuratorates to notify the defendants about the legal assistance. China has improved the pilot mechanism for legal assistance playing a role in summary trial procedures for criminal cases; and provided legal assistance to more criminal litigants in accordance with the law. China has expanded the coverage of civil and administrative legal assistance and gradually included matters closely related to people's life into the scope of legal assistance. China has relaxed the criteria for economic difficulty applying to entitlement to legal assistance, further lowered the threshold for legal assistance, and helped more people in need. China has improved the mechanism of providing convenient legal assistance to the public, striven to achieve full coverage of legal assistance consultancy services, and promoted the standardization of legal assistance. From 2013 to 2016, a total of RMB7.3 billion was used for handling more than 5 million legal assistance cases, helping more than 5.57 million people and providing legal consultancy services in more than 28 million cases.
强化未成年人刑事司法保护。坚持对犯罪的未成年人实行教育、感化、挽救的方针，实施判处五年有期徒刑以下的未成年人犯罪记录封存等制度。最高人民检察院成立未成年人检察工作办公室，截至2016年11月，全国有24个省级检察院、192个市级检察院、1024个基层检察院成立未成年人检察专门机构。推进少年法庭建设，截至2017年6月，全国共有少年法庭2200余个，少年法庭法官7000多名。近年来，未成年人重新犯罪率基本控制在1%—3%，未成年人罪犯数和犯罪案件数整体呈下降趋势。
Strengthening criminal judicial protection of juveniles. China has persevered with the principles of education, persuasion, and rehabilitation for juveniles who commit crimes, and implemented the system of sealing juvenile criminal records in cases below five years of fixed-term imprisonment. The Supreme People's Procuratorate has set up a procuratorial work office for juveniles. As of November 2016, 24 provincial procuratorates, 192 municipal procuratorates and 1,024 grassroots procuratorates had set up special procuratorial agencies for minors. The state has promoted the development of juvenile courts, and as of June 2017, there were more than 2,200 juvenile courts and over 7,000 juvenile court judges throughout the country. In recent years, the recidivism rate of juvenile offenders has been held at 1-3 percent. The numbers of juvenile criminals and juvenile criminal cases have been declining as a whole.
完善国家赔偿制度和司法救助制度。出台《关于办理刑事赔偿案件适用法律若干问题的解释》，发布国家赔偿指导性案例，完善赔偿案件质证程序，规范精神损害抚慰金裁量标准。2013年至2017年6月，各级法院受理国家赔偿案件20027件。加强和规范国家救助工作，统一案件受理、救助范围、救助程序、救助标准、经费保障、资金方法，实现“救助制度法治化、救助案件司法化”。最高人民法院设立司法救助委员会，各级法院也相继成立司法救助委员会。2014年、2015年、2016年，中央与地方安排的救助资金总额分别为24.7亿元、29.4亿元、26.6亿元，共有26.8万余名当事人得到司法救助。微博@高斋翻硕 公众号:高斋翻译学堂
Improving the state compensation system and judicial aid system. China has promulgated the Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Regarding Compensation, issued guiding cases on state compensation, improved the procedure of cross-questioning evidence, and standardized compensation for mental suffering. From 2013 to June 2017, courts at all levels heard 20,027 cases involving state compensation. China has strengthened and standardized the work of legal aid, unified the filing of cases, the scope, the procedures and the standards of legal aid, and the supply and the use of funds so as to institutionalize the legal aid system and handle cases qualified for legal aid in a judicial framework. Courts at all levels including the Supreme People's Court have set up legal aid committees. The total amount of aid provided by the central and local governments was RMB2.47 billion in 2014, RMB2.94 billion in 2015 and RMB2.66 billion in 2016, benefiting more than 268,000 people.
有效破解“执行难”。建立并运行覆盖全国法院的执行指挥系统和网络执行查控系统，健全联合信用惩戒体系，出台网络司法拍卖等涉执行司法解释和规范文件，案件执行质效显著提升。发布《关于加快推进失信被执行人信用监督、警示和惩戒机制建设的意见》，规定37项惩治“老赖”措施。完善包括先予执行在内的执行工作机制，切实有效缓解当事人困难。开展涉民生案件专项集中执行活动，着重执行涉及人民群众生存生活的追索劳动报酬、农民工工资、赡养费、抚养费等9类案件。2016年，全国法院共受理执行案件614.9万件，执结507.9万件，同比上升均超过三成；执行到位金额1.5万亿元，同比增加五成以上。
Effectively resolving difficulties in the execution of court rulings. China has established a command system and an online check and control system about the execution of court rulings by all people's courts. It has improved an integrated punishment system on loss of credit, and issued judicial interpretations and normative documents on online judicial auctions and other issues related to the execution of court rulings, thus significantly improving the quality and efficiency of execution. China has promulgated Opinions on Establishment of a Mechanism of Credit Supervision, Warning and Punishment over People Found to Have Lost Their Credit by the Court, which stipulated 37 measures to punish diehard debtors. It has improved the work mechanism for execution, including advance execution, and effectively alleviated difficulties of the parties involved. The state has carried out special and concentrated actions concerning cases related to people's daily lives and focused on nine types of such cases, including the recovery of wages due, the wages of migrant workers, and alimony and support payments. In 2016, courts across the country heard a total of 6.1 million applications for execution, of which 5 million were concluded. This was an increase of more than 30 percent over 2015. They involved sums amounting to RMB1.5 trillion, an increase of 50 percent over 2015.
