双语:《中国人权法治化保障的新进展》白皮书 双语:奥德
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The State Council Information Office of PRC published a white paper titled “New Progress in the Legal Protection of Human Rights in China”

中国人权法治化保障的新进展

New Progress in the Legal Protection of Human Rights in China

 

中华人民共和国国务院新闻办公室

The State Council Information Office of the People’s Republic of China

 

2017年12月

December 2017

 

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。

 

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。

 

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。

 

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。

 

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。

 

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.

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