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新中国人权事业发展70年白皮书(双语全文)

新华网 2019-09-24 16:07

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五、重视保障特定群体权利
V. Protecting the Rights of Special Groups


新中国成立70年来,中国结合国情采取有针对性的措施,切实保障少数民族、妇女、儿童、老年人和残疾人的合法权益,使他们能以平等的地位和均等的机会充分参与社会生活,共享物质文明和精神文明成果。
Over the 70 years since the founding of the PRC, China has, based on its conditions, adopted targeted measures to effectively protect the legitimate rights and interests of ethnic minority groups, women, children, the elderly, and persons with disabilities, ensuring their equal status and giving them the equal opportunity to participate in social life and enjoy the fruits of the country’s material and cultural progress.


有效保障少数民族参与国家事务管理的权利。55个少数民族均有本民族的全国人大代表和全国政协委员,十三届全国人大代表中,少数民族代表438名,占14.7%。近年来全国公务员考试录用少数民族考生的比例保持在13%以上,高于少数民族人口占全国人口8.49%的比例。各民族自治地方依法享有广泛的自治权,包括政治、经济、教育、科学、文化、卫生等各项事业的自主管理权。民族自治地方的人民代表大会除享有地方国家权力机关的权力外,还有权依照当地民族的政治、经济和文化特点,制定自治条例和单行条例。155个民族自治地方的人民代表大会常务委员会中,均有实行区域自治民族的公民担任主任或者副主任;民族自治地方政府的主席、州长、县长或旗长,均由实行区域自治民族的公民担任。
China effectively guarantees ethnic minority rights in administering state affairs. All 55 ethnic minority groups have deputies at the NPC and members in the CPPCC National Committee. The 13th NPC has 438 deputies from ethnic minority groups, accounting for 14.7 percent of the total number of deputies. In recent years, among the candidates passing the national civil service admission examination, ethnic minority candidates made up more than 13 percent, higher than the ethnic minority population ratio in the country (8.49 percent). The ethnic autonomous areas enjoy the right of autonomy in a wide range of fields as prescribed by law: politics, economy, education, science and technology, culture and health. In addition to the powers assigned to local authorities, the people’s congresses of ethnic autonomous areas also have the power to enact regulations on the exercise of autonomy and other separate regulations in the light of the political, economic and cultural characteristics of the ethnic group or ethnic groups in the areas concerned.
The standing committees of all the people’s congresses in the 155 ethnic autonomous areas have members of ethnic groups exercising regional autonomy acting as director or deputy director. The chairpersons of autonomous regions, governors of autonomous prefectures, and heads of autonomous counties are all citizens from the ethnic groups exercising regional autonomy of the said areas.

 

少数民族和民族地区经济社会实现跨越式发展。70年来,国家把支持少数民族和民族地区加快经济社会发展作为国家发展建设的重要内容,通过实施西部大开发、兴边富民行动、扶持人口较少民族、少数民族特色村镇保护与发展、对口支援以及制定少数民族事业专项规划等战略举措,加大投入力度,坚决打赢民族地区脱贫攻坚战,有力地促进了少数民族和民族地区经济社会发展。2018年,内蒙古、广西、西藏、宁夏、新疆5个自治区和云南、贵州、青海3个省的地区生产总值达90576亿元,同比增长7.2%,高于全国0.6个百分点;贫困人口减少到603万,贫困发生率下降到4.0%。民族地区基础设施、公共服务和百姓生活日新月异。
The ethnic minorities and ethnic minority areas have leapfrogged in social and economic development. Over the last 70 years, the state has treated the social and economic development of ethnic minorities and ethnic minority areas as an important element of national development. Through a series of strategic measures such as large-scale development of western China, actions to enrich border areas and their residents, efforts to develop smaller ethnic groups, efforts to preserve and promote ethnic minority style villages and towns, paired-up assistance, and special planning for ethnic minority undertakings, the Chinese government has increased its investment in the fight against poverty in ethnic minority areas, which has given a significant boost to local social and economic development. The total GDP of the five autonomous regions of Inner Mongolia, Guangxi, Tibet, Ningxia and Xinjiang, and the three provinces of Yunnan, Guizhou and Qinghai where there are a large number of ethnic minorities reached RMB9.06 trillion in 2018, an increase of 7.2 percent over 2017, which was 0.6 percentage point higher than the national average. The impoverished population in these regions dropped to 6.03 million, with the incidence of poverty reduced to 4 percent. Infrastructure, public services, and living conditions in ethnic minority areas are seeing rapid progress.


少数民族和民族地区教育事业快速发展。中国通过发展各级各类民族学校,举办内地预科班、民族班,对少数民族考生升学予以照顾,在广大农牧区推行寄宿制教育,着力办好民族地区高等教育等举措,促进教育公平,保障少数民族受教育权利。目前,民族地区已全面普及从小学到初中9年义务教育,西藏自治区、新疆维吾尔自治区的南疆地区等实现了从学前到高中阶段15年免费教育。2018年,新疆维吾尔自治区学前三年毛入园率已达到96.86%,小学净入学率达到99.94%。
Education for ethnic minorities and in ethnic minority areas has developed rapidly. China has adopted a series of measures to improve educational equality and ensure ethnic minorities’ right to education. These measures include: opening schools for students from ethnic minority groups, opening preparatory courses and special classes for ethnic minorities at colleges and schools in other provinces and municipalities, giving preferential treatment to students from ethnic minority groups when they take exams to enter higher levels of education, running residential schools in farming and pastoral areas, and prioritizing ethnic minority areas in higher education development. Nine-year compulsory education (elementary and junior high schools) is universal in ethnic minority areas. In Tibet Autonomous Region and south Xinjiang Uygur Autonomous Region, students are exempt from charges for education for a total of 15 years from preschool to senior high school. In Xinjiang in 2018, the gross preschool education enrolment rate reached 96.86 percent and the net primary education enrolment rate was 99.94 percent.


少数民族使用和发展本民族语言文字的自由得到保障。在中国,除回族和满族通用汉语文外,其他53个少数民族都有本民族语言,有22个少数民族共使用28种文字。国家依法保障少数民族语言文字在行政司法、新闻出版、广播影视、文化教育等各领域的合法使用。建设中国少数民族濒危语言数据库,设立并实施“中国语言资源保护工程”。截至2019年3月,民族自治地方共设置广播电台、电视台、广播电视台等播出机构714个。全国各级播出机构共开办民族语电视频道46套,民族语广播56套。新疆维吾尔自治区使用汉、维吾尔、哈萨克、柯尔克孜、蒙古、锡伯6种语言文字出版报纸、图书、音像制品和电子出版物,使用多语言、多文种播送电视和广播节目等。国家在民族地区实施双语教育,基本建立起从学前到高中阶段的双语教育体系。截至2018年,少数民族双语教育的中小学共6521所,接受双语教育的在校生309.3万人,双语教育的专任教师20.6万人。
The freedom of ethnic minorities to use and develop their own spoken and written languages is fully protected. In China, with the exception of the Hui and Manchu peoples who generally use Han Chinese, the other 53 ethnic minorities have their own spoken languages, and 22 groups use a total of 28 written scripts. The state protects by law the legitimate use of the spoken and written languages of ethnic minorities in the areas of administration and judicature, press and publishing, radio, film and television, and culture and education. It has established a database for the endangered languages of ethnic minority groups, and initiated the Program for Protecting China’s Language Resources. As of March 2019, there were 714 radio and television stations in ethnic autonomous areas. The broadcasting stations across the country run 46 television channels and 56 radio programs in ethnic minority languages. The Xinjiang Uygur Autonomous Region publishes newspapers, books, audios, videos, and electronic publications in Han Chinese, Uygur, Kazakh, Kyrghyz, Mongolian and Xibo languages, and uses various spoken and written languages in radio and television programs. The state provides bilingual education in ethnic minority areas, forming a basic bilingual education system that extends from preschool to senior high school. In 2018, there were 6,521 primary and middle schools catering to ethnic minority students in China, giving courses in both Han Chinese and ethnic minority languages, with 206,000 full-time teachers teaching such courses to 3.09 million students.


少数民族文化遗产、文物古迹得到有效保护。少数民族传统文化是中华文化的重要组成部分,是中国各族人民的共同精神财富。中国政府制定相关法律,设立专门机构,加大资金投入,推动少数民族文化传承发展。拉萨布达拉宫历史建筑群、丽江古城、元上都遗址、红河哈尼梯田文化景观、土司遗址等被列入联合国教科文组织《世界遗产名录》。中国列入联合国教科文组织非物质文化遗产名录(名册)的项目中有21项与少数民族相关;中国前四批共计1372项国家级非物质文化遗产名录中,与少数民族相关的有492项,占36%;在五批3068名国家级非物质文化遗产项目代表性传承人中,少数民族传承人有862名,约占28%;设立21个国家级文化生态保护实验区,其中有11个位于民族地区;25个省(自治区、直辖市)已建立民族古籍整理与研究机构。截至2018年,抢救、整理的散藏民间的少数民族古籍约百万种(不含馆藏及寺院藏书),包括很多珍贵的孤本和善本。组织实施《中国少数民族古籍总目提要》编纂工程,共收书目约30万种。
Cultural heritage and relics of ethnic minorities are effectively protected. Traditional ethnic minority cultures are important components of Chinese culture, and the common cultural wealth of the whole nation. The Chinese government has promulgated laws, established specialized government bodies, and increased spending to inherit, pass on, and develop the cultures of ethnic minority groups. The Historic Ensemble of the Potala Palace of Lhasa, Old Town of Lijiang, Site of Xanadu, Cultural Landscape of Honghe Hani Rice Terraces, and Tusi Sites are all included in the UNESCO World Heritage List. Of all the cultural items from China included in the UNESCO Intangible Cultural Heritage List, 21 are related to ethnic minorities. At national level, 492 (36 percent) of the 1,372 cultural items included to date in China’s intangible cultural heritage list are related to ethnic minorities. Of the 3,068 representative trustees of China’s intangible cultural heritage, 862 (28 percent) are from ethnic minority groups. China has set up 21 national-level cultural preservation experimental areas, 11 of which are located in ethnic minority areas. Twenty-five provinces and equivalent administrative units have institutions that catalogue and study ancient classics and recordings of ethnic minorities. By 2018, about one million privately-held ethnic minority ancient classics and recordings (excluding books collected in museums and temples), including many rare editions, some of which only had a single extant copy, had been rescued and catalogued. China has launched the compilation of Collection of Ancient Classics and Recordings of Chinese Ethnic Minorities, including about 300,000 books.


少数民族宗教信仰自由得到保障。少数民族正常的宗教活动和宗教信仰依法受到保护,正常宗教需求得到满足。以多种语言文字翻译出版发行伊斯兰教、佛教、基督教等宗教典籍。西藏自治区有藏传佛教活动场所1787处,住寺僧尼4.6万多人。颁布《藏传佛教活佛转世管理办法》,活佛转世制度作为藏传佛教所特有的信仰和传承方式,得到国家和西藏自治区各级政府的尊重。西藏自治区现有活佛358名,其中91位新转世活佛按历史定制和宗教仪轨得到批准认定。不断完善藏传佛教僧人学经制度,国家颁布了《藏传佛教学衔授予办法(试行)》,截至2018年,西藏自治区已有117名学经僧人获得了格西“拉让巴”学位,68名僧人获得了中国藏语系高级佛学院“拓然巴”高级学衔。新疆维吾尔自治区有清真寺、教堂、寺院、道观等宗教活动场所2.48万座,其中清真寺有2.44万多座,教职人员2.93万人,学生可在伊斯兰教经学院接受本科教育,《古兰经》《布哈里圣训实录精华》等出版发行达176万余册。实行有组织、有计划的朝觐政策,加强服务保障,确保朝觐活动安全有序。
Religious freedoms of ethnic minority groups are protected. Normal religious activities and religious beliefs of ethnic minorities are protected by law, and their normal religious needs are satisfied. China has published translations of the religious classics of Islam, Buddhism, Christianity and other religions in multiple languages. Tibet Autonomous Region has 1,787 venues for practicing Tibetan Buddhism, and over 46,000 resident monks and nuns. The state has issued the Measures on the Management of the Reincarnation of Living Buddhas of Tibetan Buddhism. The Living Buddha reincarnation is a succession system unique to Tibetan Buddhism, and is respected by the state and governments at different levels of the autonomous region. Tibet now has 358 Living Buddhas, 91 of whom have been approved and confirmed through historical conventions and traditional religious rituals. The system whereby Tibetan Buddhist monks study sutras has been improved. The state has issued the Measures on the Conferment of Academic Titles in Tibetan Buddhism (Trial). By 2018 a total of 117 monks from Tibet had received senior academic titles in Lhasa and 68 from the High-level Tibetan Buddhism College of China, Beijing. Xinjiang Uygur Autonomous Region has 24,800 venues for practicing religious activities, including 24,400 mosques, and 29,300 clerical personnel. Students can receive undergraduate education in Xinjiang Islamic Institute. More than 1.76 million copies of the Quran and Selections from Sahih of al-Buhari have been distributed. The hajj is well planned, organized and conducted to ensure a safe and orderly pilgrimage.


妇女儿童保护力度持续加强。妇女权益保障法、未成年人保护法奠定了保障妇女儿童权益的法律基础。中国政府先后制定实施了三个中国妇女发展纲要和三个中国儿童发展纲要,积极倡导并切实实现男女平等,加强儿童权利保护。不断加大女职工劳动就业、劳动保护、生育保障等权益的保护力度。有力惩处性侵、虐待未成年人、拐卖妇女儿童等犯罪行为,推动落实性违法犯罪人员从业禁止、校园性侵强制报告等制度。颁布实施反家庭暴力法,通过强制报告、公安告诫、人身安全保护令、紧急庇护等制度的实施,保障包括妇女在内的家庭成员的合法权益。维护校园安全,整治校园暴力和学生欺凌行为。强化留守儿童父母或受委托监护人的监护主体责任,严厉打击侵害农村留守儿童的违法犯罪活动。充分运用互联网等先进科技手段解救被拐卖儿童,建立打拐DNA信息库,推出公安部儿童失踪信息紧急发布平台,建立失踪儿童快速救助联动机制。
The protection of women and children is improving. The Law on the Protection of Women’s Rights and Interests and the Law on the Protection of Minors lay the legal foundations in this area. The Chinese government has enacted three guidelines on women’s development and three on children’s development, advocating and ensuring gender equality and strengthening the protection of children’s rights. It works harder to protect the rights and interests of women employees, such as the right to work and to safety at work, and maternity benefits. It forcefully punishes sexual assaults on and maltreatment of minors, and trafficking of women and children. It promotes mechanisms preventing sexual criminals from engaging in restricted occupations, and compulsory reporting of campus sexual assaults. The state has promulgated the Anti-Domestic Violence Law, which protects the legal rights and interests of woman and other family members through compulsory reporting, admonition from public security organs, personal protection order, emergency protection and other measures. The government makes every effort to ensure school safety, punishing school violence and bullying. It intensifies supervision over the duties of the parents or other entrusted guardians of left-behind children whose parents work in other places and takes strict action on any crimes against this group of children. China makes full use of advanced technologies like the internet to rescue abducted children. It has established a DNA bank for abducted children, set up a missing children information release platform managed by the Ministry of Public Security, and activated a joint urgent rescue mechanism for missing children.


妇女儿童健康权益保障水平不断提高。新中国成立前,孕产妇死亡率高达1500/10万,婴儿死亡率高达200‰,妇女的平均预期寿命仅有36.7岁。新中国成立后,妇女儿童健康水平不断提高,2015年妇女平均预期寿命达79.43岁;2018年孕产妇死亡率下降到18.3/10万,婴儿死亡率下降到6.1‰。2012年起,实施贫困地区儿童营养改善项目,改善贫困地区儿童营养健康状况,截至2018年,项目覆盖21个省(自治区、直辖市)14个国家集中连片特殊困难地区715个贫困县,共有722万儿童受益。实施妇女宫颈癌和乳腺癌免费检查项目,将宫颈癌和乳腺癌纳入国家大病救治范围,截至2018年,累计开展宫颈癌免费检查近1亿人次,乳腺癌免费检查超过3000万人次。按照每人救助1万元的标准,累计发放中央专项彩票公益金和筹集的社会资金13亿多元,救助贫困患病妇女13.22万名。增加农村和边远地区妇幼卫生经费投入,实施农村孕产妇住院分娩补助项目,累计补助7400余万人。实施“母亲水窖”供水工程和“母亲健康快车”医疗卫生健康项目,着力解决西部干旱地区妇女安全饮水及贫困地区妇女儿童健康服务等问题。
The protection of women and children’s right to health is improving. Before the founding of the PRC in 1949, the maternal and perinatal mortality rate was over 1,500 per 100,000, the infant mortality rate was 200 per 1,000, and the anticipated life expectancy of women was only 36.7 years. After 1949, the situation improved considerably. The anticipated life expectancy of women in 2015 rose to 79.43 years. In 2018 the maternal and perinatal mortality rate dropped to 18.3 per 100,000, and the infant mortality rate fell to 6.1 per 1,000. Nutritional improvement projects for children in impoverished areas were launched in 2012, benefiting 7.22 million children from 715 impoverished counties in 14 national contiguous impoverished regions of 21 provinces and equivalent administrative units. The government has launched a program of free cervical and breast cancer checkups for women, and brought the two into the scope of national subsidies for serious illnesses. By 2018 China had provided free cervical cancer checkups for 100 million and free breast cancer checkups for 30 million, and subsidized 132,200 impoverished rural women with diseases using over RMB1.3 billion collected through public welfare lotteries and social funds, to the sum of RMB10,000 each person. It has increased the investment for health care of women and children in rural, remote or border areas, and has subsidized more than 74 million rural women for their expenses of hospitalization during childbirth. The government has initiated the “Water Cellar for Mothers” program to provide reliable sources of drinking water for people, especially women, in the western regions of China, and the “Health Express for Mothers” program to provide medical and health services to the women and children in impoverished areas.


切实保障妇女参与公共事务管理和经济社会发展的权利。保障妇女参政议政权,十三届全国人大代表中有742名女性,占比24.9%,比1954年第一届全国人大女性代表占比提高12.9个百分点;十三届全国政协委员中有440名女性,占比20.4%,比1949年第一届全国政协女性委员占比提高14.3个百分点。20世纪90年代以来,历次党代会报告都明确要求重视培养选拔女干部。1950年全国干部队伍中女干部人数为6.5万人;2018年全国公务员中女干部人数为192.8万人,占比26.8%。
Women’s rights to participation in the administration of public affairs and social and economic development are protected. Women are guaranteed the right to participate in the administration and deliberation of state affairs. The 13th NPC has 742 female deputies, accounting for 24.9 percent of the total, 12.9 percentage points higher than the figure for the First NPC in 1954. And the 13th CPPCC National Committee has 440 female members, making up 20.4 percent of the total, 14.3 percentage points higher than that for the First CPPCC National Committee in 1949. Since the 1990s, every CPC National Congress has attached importance to training and selecting female officials. The number of female civil servants was 65,000 in 1950; this figure had increased to 1.93 million, or 26.8 percent of all civil servants, by 2018.


老年人权益保障机制逐步健全。中国发展老龄事业,在全社会弘扬中华民族敬老、养老、助老的美德。截至2018年,中国60周岁及以上老年人口24949万人,占总人口的17.9%。制定并修订老年人权益保障法,建立养老法规政策体系。养老服务逐步从以机构集中照料为主,拓展到以居家为基础、社区为依托、机构为补充、医养相结合的养老服务体系建设和以家庭养老支持、互助养老为新突破点的融合发展。全国各类养老服务机构和设施从1978年的7000个增长到2019年3月的16.81万个,各类养老服务床位合计732万张。2018年,2972.3万老年人享受高龄补贴,74.8万老年人享受护理补贴,521.7万老年人享受养老服务补贴,3.0万老年人享受其他老龄补贴。
The mechanism for protecting the rights and interests of the elderly is improving. China works to ensure the interests of the elderly, and advocates the virtues of respecting, providing for and assisting the elderly. In 2018, some 249 million Chinese were aged 60 or above, accounting for 17.9 percent of the total population. China formulated and amended the Law on the Protection of the Rights and Interests of the Elderly, forming a legal and policy framework for old-age care.
Many of China’s elderly were cared for in nursing homes previously. Now, a new system for the elderly is taking shape, where the elderly are provided with home care, taken care of by community and supported by social services, featuring a combination of nursing at home and mutual help. In March 2019, China had 168,100 institutions and facilities with 7.32 million beds to provide old-age services, in contrast with just 7,000 in 1978. In 2018, 29.72 million senior citizens received advanced age subsidies, 748,000 nursing subsidies, 5.2 million old-age service subsidies, and 30,000 other old-age subsidies.

 

残疾人社会保障体系不断完善。全面建立困难残疾人生活补贴和重度残疾人护理补贴制度,2018年,受益残疾人超过2100万人次。截至2018年,2561.2万城乡残疾人参加城乡社会养老保险,1024.4万残疾人领取养老金,924.8万残疾人享受城乡最低生活保障;595.2万重度残疾人中有576万人得到政府参保补助,代缴养老保险费比例达到96.8%;另有298.4万非重度残疾人享受全额或部分代缴养老保险费的优惠政策。
The social security system for persons with disabilities is improving. China has established a subsidy system to provide for the living expenses of disabled persons in need and to pay the nursing costs of persons with severe disabilities. In 2018, this system benefitted over 21 million. A total of 25.61 million persons with disabilities were covered in old-age insurance schemes in both urban and rural areas, with 10.24 million receiving old-age pensions, and 9.25 million people with disabilities received urban or rural minimum living subsidies. And 5.76 million (96.8 percent) out of the 5.95 million people with severe disabilities received insurance subsidies from the government, which paid for their premiums. The government also paid fully or partly for premiums for another 2.98 million people with mild or moderate disabilities.


残疾人康复服务普惠可及。全面开展残疾预防,不断加强康复服务,努力实现残疾人“人人享有康复服务”的目标。实施《残疾预防和残疾人康复条例》,残疾人康复机构从无到有,专业队伍逐渐壮大,服务能力日益提高。截至2018年,已竣工的省、市、县三级康复设施914个,总建筑面积344.9万平方米;残疾人专业康复服务机构9036个,在岗人员25万人,2750个县(市、区)开展社区康复服务。建立残疾儿童康复救助制度。2018年,残疾人康复服务覆盖率达到79.8%,1074.7万残疾儿童及持证残疾人得到基本康复服务。
Rehabilitation is universally available to persons with disabilities. China makes concerted efforts in preventing disability, and works hard to improve rehabilitation services, in pursuit of the goal that “everyone in need has access to rehabilitation services”. The government has enacted the Regulations on the Disability Prevention and Rehabilitation of Persons with Disabilities, built up rehabilitation centers and fostered professionals capable of delivering consistent quality services. In 2018, there were 914 rehabilitation facilities at the provincial, city and county levels, and 9,036 rehabilitation service centers for persons with disabilities employed a team of 250,000 workers, and community rehabilitation services were provided in 2,750 counties (cities or districts). An assistance mechanism for providing rehabilitation services to children with disabilities has been established. In 2018, 79.8 percent of persons with disabilities were covered by rehabilitation services. Some 10.75 million disabled children and persons with certified disabilities received basic rehabilitation services.


促进残疾人工作权利实现。建立专门的残疾人就业服务机构,截至2018年,共有残疾人就业服务机构2787家,工作人员1.5万人。实施残疾人职业技能提升计划,建立了500家国家级残疾人职业培训基地,350家省级残疾人职业培训基地,2018年城乡新增残疾人实名制培训49.4万人。近年来,残疾人就业总体规模与结构趋于稳定,新增残疾人就业人数每年保持在30万人以上。2018年,城乡持证残疾人新增就业36.7万人,其中,城镇新增就业11.8万人,农村新增就业24.9万人。截至2018年,城乡持证残疾人就业人数达到948.4万人。
The right to employment of persons with disabilities is guaranteed. China has established offices to serve persons with disabilities seeking employment. In 2018, there were 2,787 such offices with a staff of 15,000. The government has launched a program on employment skills training for persons with disabilities, setting up 500 national-level and 350 provincial-level vocational training bases. In 2018, another 494,000 persons with disabilities took part in training sessions. In recent years the number and the profile of disabled persons in employment have remained stable, with over 300,000 entering the workforce each year. In 2018, 367,000 persons with certified disabilities found jobs, of whom 118,000 were from urban areas and 249,000 from rural areas. That year, 9.48 million persons with certified disabilities were employed in urban and rural areas.


大力支持无障碍环境建设与辅助器具服务。实施《无障碍环境建设条例》,开展无障碍建设的市、县达到1702个,村(社区)综合服务设施中已有75%的出入口、40%的服务柜台、30%的厕所进行了无障碍建设和改造。2016年至2018年,共有298.6万户残疾人家庭得到无障碍改造。推进信息无障碍建设,截至2018年,500多家政府单位完成了信息无障碍公共服务平台建设,3万多个政务和公共服务网站实现了无障碍服务。各地相继制定辅助器具补贴办法,对购买辅助器具和提供适配服务给予补贴。2018年,有319.1万残疾人获得盲杖、助视器、假肢等各类辅具适配服务。不断放宽残疾人申领驾驶证条件,已有27.9万肢体、听力等残障人员申领驾驶证,残疾人个人行动和社会参与能力得到提升。
China gives strong support to creating an accessible environment and providing assistive appliances. The Chinese government enacted the Regulations on the Building of an Accessible Environment in 2012. To this end, 1,702 cities and counties are making efforts to improve accessibility and remove barriers, and among comprehensive service facilities in villages or communities across the country, 75 percent of entrances and exits, 40 percent of service counters, and 30 percent of restrooms have been equipped or upgraded for accessibility. Between 2016 and 2018, the government helped almost 3 million families with disabled members adapt their homes.
The government is also promoting information accessibility. By 2018, over 500 government departments had built accessible public service platforms, and more than 30,000 websites on government affairs and public services had removed barriers for persons with disabilities.
Local governments have formulated subsidy measures and subsidized those who purchase or supply assistive appliances and adaption services. In 2018, 3.19 million persons with disabilities benefited from adaption services for assistive devices such as white canes, visual aids and artificial limbs.
The government has relaxed the restrictions preventing persons with disabilities from applying for a driving license, and 279,000 people with physical or hearing disabilities have gained driving licenses, which grants them further mobility and improves their ability to participate in social life.

 

六、不断加强人权法治保障
VI. Strengthening the Rule of Law for Human Rights


新中国创立了社会主义法治,以法治保障人权。70年来,中国构建起较为完备的人权法律保障体系,坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设,实现科学立法、严格执法、公正司法、全民守法,不断促进社会公平正义。
After the founding of the PRC, socialist rule of law was established in China to protect human rights by law. Over the past 70 years, China has established a relatively complete legal system to protect human rights. It upholds law-based governance, law-based exercise of power, and law-based government administration, and adopts a holistic approach to promote the rule of law across the nation, in government, and throughout society. To promote social fairness and justice, it has endeavored to ensure that a well-conceived approach is taken to legislation, that the law is strictly enforced, that justice is impartially administered, and that the law is observed by everyone.


建设有限政府、责任政府、服务政府。依法确定行政权力界限,确立法无授权不可为的原则,实施权力清单、责任清单制度,禁止法外设权、违法用权。持续深化“放管服”改革,加快转变政府职能,努力降低群众和企业与政府打交道的成本。建立完善严格的行政执法程序,确立行政裁量权基准制度,统一执法标准,压缩自由裁量空间,维护行政相对人的合法权益。深化执法公开,拓展公开范围,整合公开载体,强化网上政务公开,方便群众获取信息。25个省(自治区、直辖市)建立省级执法公开平台,实现了执法办案进度和结果的信息查询服务;22个省(自治区、直辖市)实现了行政处罚决定文书网上公开;17个省(自治区、直辖市)实现了行政复议决定文书网上公开。强化执法监督,建立完善以执法考评为主要内容的绩效考核体系,深化执法信息化建设,实现案件流程信息化管理和同步记录,加强对执法活动的实时监督。
Building a service-oriented government with limited powers and clear responsibilities. The state delimits administrative power in accordance with the law. China has established a principle under which administrative bodies should not take any action that is not mandated by law. It has introduced a list of well-defined government powers and a list of responsibilities, and prohibited any power not provided for by law, or any illegal use of power. In its effort to improve governance, China has accelerated the transformation of government functions, streamlining administration and delegating power to the lower levels, exercising better supervision over the market, and providing efficient services to business. The people and businesses are thus provided with better services. China has established strict procedures for administrative law enforcement and a system of benchmarks for administrative discretion, with unified standards in law enforcement and rigorous discretionary rules, to ensure the legitimate rights and interests of the people and businesses. To make law enforcement more transparent, China has expanded the scope and channels of disclosure, and opened online portals for the public to obtain information. Twenty-five provinces and equivalent administrative units have online platforms providing information on law enforcement and on the progress and results of cases in process. Twenty-two provinces and equivalent administrative units disclose written judgments online, and 17 provinces and equivalent administrative units disclose administrative review decisions online. To strengthen the supervision of law enforcement, China has established a performance appraisal system with a focus on law enforcement, promoted IT application in law enforcement and the management and synchronized recording of case-handling procedures, and strengthened real-time supervision over law enforcement activities.


确保审判权检察权依法独立公正行使。发布五个“人民法院五年改革纲要”和“人民检察院改革规划”。全面实施立案登记制,有诉必理,保障当事人诉权。实行以法官检察官员额制为核心的司法人员分类管理制度改革,推进司法职业保障制度改革,司法人员正规化、专业化、职业化水平进一步提升。全面落实司法责任制,真正做到“谁办案、谁负责”。贯彻宽严相济刑事政策,进一步完善刑事诉讼程序,推动认罪认罚从宽制度改革,完善刑事案件速裁程序运行机制,深化案件繁简分流,构建中国特色立体化、多层次刑事诉讼体系。在有条件的地方实行省级以下地方法院、检察院人财物统一管理,探索设立跨行政区划的人民法院和人民检察院,最高人民法院设立六个巡回法庭,设立知识产权法院、互联网法院、金融法院等。加强对公共利益的司法保护,建立检察机关提起公益诉讼制度,截至2019年3月,全国检察机关共办理公益诉讼案件157095件。
Ensuring independent and impartial exercise of judicial and procuratorial powers. China has issued five outlines for five-year reform of the people’s courts and five plans on reform of the people’s procuratorates. To protect citizen’s right of action, it has implemented a case docketing and registration system across the board, which ensures that every case application receives a response. China has reformed the management of judicial personnel, adopted a quota system for judges and procurators, and initiated job security reform for judicial personnel, enabling them to be more regularized and professional. It has fully implemented a judicial responsibility system to ensure that those who have handled a case assume full responsibility for it. The judiciary has combined punishment and clemency in handling criminal cases, further improved criminal proceedings, and introduced reforms on showing clemency to suspects and defendants who cooperate fully. It has improved the fast-track sentencing procedure for criminal cases, further separated the handling of simple and complex cases, and formed a multi-layer criminal litigation system with Chinese characteristics. Where conditions permit, local courts and procuratorates under the provincial level have carried out unified management of personnel, funds and property. China is exploring setting up people’s courts and people’s procuratorates across administrative boundaries. The Supreme People’s Court now has six circuit courts, and there are also courts that handle intellectual property and financial cases, and online courts. The state has strengthened the protection of public interest, and public interest lawsuits are filed by procuratorial organs. By March 2019, 157,095 cases of public interest had been handled by procuratorial organs.


深化司法公开。全面推进阳光司法,不断加强审判流程、庭审活动、裁判文书、执行信息司法公开平台和人民检察院案件信息公开平台建设。截至2019年2月,中国审判流程信息公开网公开案件信息3.7亿项,中国庭审公开网直播庭审259万件,中国裁判文书网公开文书6382万份,访问量226亿次。人民检察院案件信息公开网自2014年10月1日开通以来,公开案件程序性信息928万余件,发布重要案件信息58万余条,公开法律文书386万余份,接受辩护与代理网上预约30万余人次。加强对司法活动的监督,深化刑事诉讼监督,加强民事行政诉讼监督,不断完善人民陪审员和人民监督员制度。
Improving judicial openness. To increase judicial transparency, China has improved the platforms for releasing information on judicial process, trials, written judgments, and the execution of judgments, and the platform on disclosing information on cases handled by people’s procuratorates. As of February 2019, China Judicial Process Information Online had disclosed information on 370 million cases, the National Court Hearing Online had broadcast 2.59 million court trials, and China Judgements Online had disclosed 63.82 million copies of judgments, attracting a total of 2.26 billion visits. Since its launch on October 1, 2014, the online information disclosure service of the procuratorates has disclosed information on the proceedings of 9.28 million cases and 580,000 items of information on major cases, put online 3.86 million legal documents, and booked 300,000 defense and litigation applications online. China has strengthened supervision over judicial activities, criminal proceedings, and civil administrative proceedings, and improved the system of people’s jurors and supervisors.


保障当事人获得公正审判的权利。推进以审判为中心的刑事诉讼制度改革,严格贯彻罪刑法定、证据裁判、非法证据排除等法律原则,完善出庭作证机制,强化庭审功能。充分保障犯罪嫌疑人和被告人的辩护权,犯罪嫌疑人自被侦查机关第一次讯问或者被采取强制措施之日起,有权委托辩护人,被告人有权随时委托辩护人;开展法律援助值班律师和刑事案件律师辩护全覆盖试点工作,实现法院、看守所法律援助工作站全覆盖,努力保障所有刑事案件被告人在审判阶段都能获得律师辩护和帮助;保障辩护律师会见、阅卷、调查取证、质证和辩论辩护等各项诉讼权利;完善保障律师依法履职机制,建立健全维护律师执业权利快速联动处置机制;开通律师服务平台,为律师办案提供便利。坚持疑罪从无,防范和纠正冤假错案。2013年至2019年3月,各级人民法院依法对5876名被告人宣告无罪,确保无罪的人不受刑事追究;再审改判刑事案件8568件,其中依法纠正呼格吉勒图案、聂树斌案、“五周案”等重大冤错案件49件,并依法予以国家赔偿。严格控制并慎用死刑,大幅减少适用死刑的罪名。2007年,最高人民法院收回死刑复核权。
Guaranteeing the right to fair trial for all parties. China has promoted the reform of the criminal litigation system with a focus on adjudication, strictly enforced the principles of “no penalty without a law”, evidence-based verdict, and exclusionary rule, improved the mechanism for witnesses to appear in court, and strengthened the role of court trials. China has fully guaranteed the right to defense of criminal suspects and defendants. A criminal suspect has the right to entrust a defender from the date when organs of investigation conduct the first interrogation or a compulsory measure is taken against the suspect. A defendant has the right to authorize a defender at any time. Pilot work has been launched to ensure duty counsels offer legal aid for all cases and legal defense is provided in all criminal cases, and legal aid stations can be found at all courts and detention houses, to ensure that defendants in all criminal cases can obtain legal defense and support in trial. The state protects defense lawyers’ rights to meet their clients, to read case files, to investigate and obtain evidence, to conduct cross-examination, and to debate and defend, and other litigious rights. It has improved the mechanism for lawyers to perform their duties by law, formed a joint response system to ensure lawyers’ right of practice, and established a platform to provide appropriate services to them. China implements the principle of presumption of innocence to prevent and correct miscarriages of justice. From 2013 to March 2019, people’s courts at all levels acquitted 5,876 defendants, ensuring that no one should be prosecuted without criminal evidence. Wrongful verdicts on 8,568 criminal cases were overturned, including 49 major cases concerning Hugjiltu for rape and murder, Nie Shubin for rape and murder, and Zhou Jikun, Zhou Jiahua, Zhou Zaichun, Zhou Zhengguo and Zhou Zaihua for murder. The wrongly-convicted all received state compensation in accordance with the law. China has strictly controlled the death penalty, reducing the number of crimes for capital punishment by a significant margin. In 2007, the Supreme People’s Court took back the right to review all capital sentences.


保障犯罪嫌疑人、被告人、服刑人员、戒毒人员及刑满释放人员的合法权利。规范强制措施,减少羁押性强制措施的适用,实行看守所在押人员入所权利义务告知制度,建立在押人员投诉调查处理机制。深化狱务公开,完善对监所管理人员执法监督,保障服刑人员合法权利不受侵犯。实行人文关怀,开展离监探亲。全面推进社区矫正制度,截至2019年5月,已累计接收社区矫正对象445万人,累计解除矫正375万人,在册社区矫正对象70多万人,社区矫正对象在矫正期间再犯罪率一直处于0.2%的较低水平。新中国成立至1975年,对战争罪犯、反革命罪犯和部分普通刑事罪犯进行过七次特赦。根据现行宪法,2015年和2019年,两次对部分服刑罪犯予以特赦。出台禁毒法、戒毒条例等,依法保障戒毒人员合法权益,开展执法监督。健全完善刑满释放人员救助管理制度,落实社会救助和就业安置措施,促进刑满释放人员顺利融入社会。
Guaranteeing the legitimate rights and interests of criminal suspects, defendants, prisoners, patients abstained from drugs and people released after serving their sentence. China has regulated compulsory measures and reduced the application of compulsory custodial measures. When the detainees enter a detention house, they are informed of their rights and obligations, and their complaints are handled in accordance with the procedure. Prison affairs are open to the public. China has improved supervision over the law enforcement in prisons and detention houses, to ensure that prisoners’ legitimate rights are not infringed. Some prisoners are allowed to leave prisons and visit their relatives. The system of community service has been extensively implemented. By the end of May 2019, a total of 4.45 million persons throughout the country had received community service orders. Of these, 3.75 million had completed their service, and 700,000 were still subject to their service orders. The recidivism rate in the case of those assigned to community service is low, only 0.2 percent. Between 1949 and 1975, amnesties were granted on seven occasions to war criminals, counterrevolutionary criminals and some prisoners facing criminal charges. In accordance with the Constitution, amnesty was granted to some prisoners in 2015 and 2019. The state has promulgated the Narcotics Control Law and the Regulations on Drug Rehabilitation, ensured the legitimate rights and interests of persons on rehabilitation, and carried out law enforcement supervision. China has improved the assistance and management system for people released after completing their prison sentence, ensures their access to social assistance, and provides assistance to them in employment so that they can smoothly return to normal life.


建立健全权利救济和救助制度。畅通国家赔偿请求渠道,扩大赔偿范围,明确举证责任,增加精神损害赔偿,提高赔偿标准,保障赔偿金及时支付,进一步完善行政赔偿、刑事赔偿和非刑事司法赔偿制度。国家刑事赔偿标准随经济社会发展不断提高,侵犯公民人身自由权每日赔偿金额从1995年的17.16元人民币,上升到2019年的315.94元人民币。2013年至2019年3月,各级人民法院审结国家赔偿案件61978件。健全完善国家司法救助制度,设立司法救助委员会,积极推动司法救助与社会救助、法律援助的衔接,帮助无法获得有效赔偿的受害人摆脱生活困境。2015年至2018年,对生活困难当事人发放司法救助款37.5亿元。
Improving the system of right remedy and assistance. The channels for applying for state compensation have been expanded, with more types of cases eligible for compensation and the burden of proof made clear. The state has increased compensation for infliction of mental distress, raised standards of compensation, and guaranteed that compensation is paid in a timely manner. The systems of administrative compensation, criminal compensation and non-criminal judicial compensation have been further improved. Criminal compensation has increased over the years along with economic and social development of the country. The daily compensation for violation of citizens’ personal liberty has risen from RMB17.16 in 1995 to RMB315.94 in 2019. From 2013 to March 2019, the people’s courts at all levels concluded 61,978 cases involving state compensation. China has improved the state judicial assistance system. It has established a judicial assistance committee to actively dovetail judicial assistance with social assistance and legal aid, and help victims in difficulty who have not been able to obtain effective compensation. From 2015 to 2018, RMB3.75 billion of judicial assistance was granted to victims in difficulty.


公共法律服务更加优质便捷。建立健全法律援助制度,2013年至2018年,全国法律援助机构共组织办理法律援助案件778.8万余件,受援人847.5万余人次,提供法律咨询4526.8万余人次。全面推进律师事业,截至2018年,律师队伍发展到42.3万多人,律师事务所发展到3万多家。完善公共法律服务体系,建设公共法律服务实体平台、“12348”法律服务热线和法律服务网络三大平台,实现申请快捷化、审查简便化,更加便民利民。截至2018年,全国建成2917个县(市、区)公共法律服务中心、3.9万多个乡镇(街道)公共法律服务工作站,为65万个村(居)配备法律顾问,各省(自治区、直辖市)均已建成“12348”法律服务热线平台。推进司法鉴定管理体制改革,提高司法鉴定质量和公信力,截至2018年,经司法行政机关审核登记的司法鉴定机构有3834家,司法鉴定人45000名。
Providing quality and more convenient public legal services. A sound legal aid system has been established. From 2013 to 2018, legal aid institutions handled some 7.79 million legal aid cases, helping 8.48 million people and providing legal consultancy services to 45.27 million people. The state encourages the development of the profession of lawyers. As of 2018, there were 423,000 lawyers and more than 30,000 law firms across the country. China has improved public legal services, and opened a physical platform for providing public legal services, the “12348” free hotline for legal advice, and online legal services. It is convenient to make an application for legal services, and the review process has been streamlined for public benefit. By the end of 2018, there were 2,917 public legal service centers in counties, cities and districts, and more than 39,000 service stations in towns, townships and sub-districts. About 650,000 villages and communities had legal counselors, and all provinces and equivalent administrative units had opened the “12348” legal service hotline. China has reformed the management of forensic assessment to enhance assessment quality and credibility. By 2018, there were 3,834 forensic assessment institutions approved by and registered with judicial administrative organs, with more than 45,000 forensic appraisers.


提高全社会人权法治意识。新中国成立以后,通过广泛宣传宪法、婚姻法,男女平等、婚姻自由等观念逐步树立。从1986年起,在全国范围内连续实施7个五年普法规划,开展宪法和法治宣传教育。把法治教育纳入国民教育体系,在中小学教育中加入人权内容。在高校开设人权专业及相关课程,培养人权方向专业人才。面向各级领导干部、公检法司部门工作人员、媒体从业人员等开展专项人权培训。设立8家国家人权教育与培训基地。出版和发行《人权》《人权研究》《中国人权评论》等专业书刊。中国人权研究会连续出版《中国人权事业发展报告》蓝皮书,积极推动人权学术研究、教育和知识普及。
Enhancing public awareness of legal protection of human rights. After the PRC was founded, the government made an intensive effort to enhance public awareness and understanding of the Constitution, the Marriage Law, and ideas such as gender equality and freedom of marriage were gradually accepted by the public. Since 1986, China has implemented seven nationwide five-year plans on enhancing public awareness of the Constitution and the rule of law. China has included education on the rule of law into the national education system and teaching of human rights into primary and middle school education. Human rights majors and other related courses are offered in universities to cultivate human rights professionals. Special human rights training programs are conducted for officials at all levels, staff of organs of public security, procuratorates and courts, and judicial organs, and those who work in the media. China has eight national human rights education and training bases. Professional periodicals including Human Rights, Human Rights Studies, and China Human Rights Review are published in China. The China Society for Human Rights Studies has consecutively published blue papers titled Development of Human Rights in China, to advance research and education on human rights and promote understanding of the subject.


强力反腐维护人民利益。1949年11月,中共中央决定成立中央及各级党的纪律检查委员会;1955年,中国共产党的全国代表会议选举产生中央监察委员会;1978年12月,中国共产党十一届三中全会选举产生新的中央纪律检查委员会。中共十八大以来,加快形成完善的党内法规体系,建立了以党章为本,若干配套党内法规为支撑的党内法规制度体系。2018年3月,中华人民共和国国家监察委员会依法组建,各级纪委监委合署办公,对所有行使公权力的公职人员实行监督全覆盖。从2012年12月至2019年6月,中央纪委立案审查中管干部389人,涉嫌犯罪移送司法机关155人。坚决整治群众身边腐败和作风问题,深入推进扶贫领域腐败和作风问题专项治理,开展民生领域专项整治,深挖涉黑腐败和黑恶势力“保护伞”,坚决清除包庇、纵容黑恶势力的腐败分子。
Striking against corruption to safeguard people’s interests. In November 1949, the CPC Central Committee decided to establish discipline inspection committees at all levels. In 1955, the National Conference of the CPC elected a Central Supervision Commission. In December 1978, the Third Plenary Session of the 11th CPC Central Committee elected a new Central Commission for Discipline Inspection. Since the 18th CPC National Congress, a sound system of intra-Party regulations has been formed based on the Party Constitution and supported by intra-Party regulations. In March 2018, the Supervision Commission of the People’s Republic of China was established by law. Discipline inspection commissions of the Party and supervision commissions of the government at all levels jointly carry out full supervision over all public functionaries who exercise public power. From December 2012 to June 2019, the CPC Central Commission for Discipline Inspection investigated 389 officials registered at and supervised by the CPC Central Committee, and transferred 155 cases of suspected criminal activity to the judiciary. China has resolutely fought corruption that directly affects ordinary people’s lives, and carried out special campaigns to address corruption and misconduct in poverty alleviation and problems undermining the public interest. It has carried out thorough investigations of criminal syndicate-related corruption and protection rackets, getting rid of corrupt officials who sheltered or connived with criminal syndicates.

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