《国家人权行动计划（2012-2015年）》实施评估报告
Assessment Report on the Implementation of the National Human
Rights Action Plan of China (2012-2015)
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调整字号大小: 
| 三、公民权利和政治权利 | III. Civil and Political Rights |
| 2012－2015年，社会主义民主政治与法治建设全面推进，公民权利和政治权利得到切实保障，保证和支持人民当家做主。 | Between 2012 and 2015, the construction of socialist political democracy and the rule of law have been pushed forward in a comprehensive way, citizens' civil and political rights have been effectively protected, and the people have been guaranteed and supported to act as masters of their own country. |
| （一）人身权利 | (1) Rights of the person |
| 2012年3月修改后的刑事诉讼法明确规定“尊重和保障人权”，完善了证据制度、强制措施、辩护制度、侦查措施、审判程序、执行程序等。 | The amended Criminal Procedure Law adopted in March 2012 clearly stipulated the respect and protection of human rights, and improved the evidence collecting system, compulsory measures, defense system, criminal investigation, trial procedures and enforcement procedures. |
| 犯罪嫌疑人人身权利得到保障。最高人民法院、最高人民检察院、公安部发布相关规定，细化了逮捕、取保候审、监视居住等强制措施的适用条件、审批程序和告知程序。2012－2015年，全国检察机关不批准逮捕总数为816379人。其中，以无社会危险性不批捕340491人，以不构成犯罪不批捕63809人，以事实不清、证据不足不批捕379290人。公安机关严格执行拘留、逮捕后24小时以内通知被拘留、被逮捕人家属的规定；在第一次讯问犯罪嫌疑人或对犯罪嫌疑人采取强制措施时，及时向犯罪嫌疑人告知其委托辩护律师、申请法律援助的权利。建立网上预约平台，公布预约电话，为律师会见提供便利。大力推进法律援助中心驻看守所工作站建设，确保在押人员及家属及时得到法律援助。辩护律师在侦查期间可以向侦查机关了解犯罪嫌疑人涉嫌的罪名及当时已查明的主要涉罪事实，以及采取强制措施的情况。 | The personal rights of suspects in lawsuits are guaranteed. The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security promulgated regulations in greater detail on the applicable conditions, approval procedures and informing procedures for the adoption of such compulsory measures as arrest, release on bail pending trial, and residential surveillance. Between 2012 and 2015, the procuratorates throughout the country disapproved the arrest of 816,379 people, among whom 340,491 were not arrested on the grounds that they were posing no danger to society, 63,809 were not arrested on the grounds that their behavior constituted no crimes, and 379,290 were not arrested on the grounds of unclear facts and insufficient evidence. The public security organs strictly followed rules that required notifying the family members of criminal suspects within 24 hours of detentions or arrests. During the first interrogation or while taking compulsory measures, the security personnel should inform the suspects of their right to retain defense lawyers, or to apply for legal aid. An internet appointment platform has been established to publicize phone numbers for appointments and provide convenience for lawyers to meet suspects. Great efforts were made to push forward the construction of legal aid centers within detention houses to make sure that detainees and their families obtain timely legal aid. During a criminal investigation, defense lawyers can inquire about the accusations and major established facts implicating the suspects in the crimes and the situation on compulsory measures taken by the investigation organs. |
| 对刑讯逼供等违法违规行为的监督和检查力度加强。2012－2015年，检察机关对滥用强制措施、非法取证、刑讯逼供等侦查活动违法情形，提出纠正意见共869775次。2015年共处理检察人员违法违纪208件243人。2012年以来，检察机关继续大力查处国家机关工作人员利用职权实施的侵犯公民人身权利的犯罪案件。 | The supervision and examination against extortion of confession by torture and other illegal acts have been strengthened. Between 2012 and 2015, procuratorial organs made 869,775 remedial proposals on illegal acts during criminal investigations including abusing compulsory measures, collecting evidence through illegal means and extorting confessions by torture. In 2015, China handled 208 cases against 243 procurators for their violation of laws and disciplines. Since 2012, the country' s procuratorial organs have continued to take stern actions to investigate and deal with cases concerning staffers of state functionaries who violated citizens' personal rights by taking advantage of their functions and powers. |
| 依法全面取证和审查判断证据的规定得到严格执行。公安机关将收集的证明有罪或无罪、罪重或罪轻的所有证据归入案卷全部移送，并严格审查证据的真实性、合法性以及证明力。人民检察院对辩护律师提出的犯罪嫌疑人不构成犯罪、无社会危险性或者排除非法证据等意见都记录在案。案件侦查终结前，辩护律师提出要求的，公安机关应当听取辩护律师的意见，根据情况进行核实，并记录在案；辩护律师提出书面意见的，应当附卷。公安机关规范办案区的使用和管理，办案区与其他功能区物理隔离，保证犯罪嫌疑人在办案区内的饮食和必要的休息时间；犯罪嫌疑人被带到公安机关后，一律直接带入办案区，一律要有视频监控并记录。截至2015年年底，各地已普遍完成执法办案场所规范化改造。 | The regulations on comprehensive collection and examination of evidence have been strictly implemented. Public security organs put all evidence collected proving guilt or innocence, felony or misdemeanor on file, with all records then transferred to examine the reliability, legitimacy and probative value of evidence. The people's procuratorates placed on record all the proposals made by defense lawyers about cases of suspects constituting no crimes, causing no harm to society or excluding evidence collected through illegal means. Before the end of criminal investigations, if defense lawyers make demands, public security organs are required to listen to their views, verify facts according to specific circumstances and place them on record. If defense lawyers submit opinions in written form, the document should be attached to the other records. The public security organs have standardized the use and management of the venues of law enforcement and case investigation. Case investigation areas are separated physically from other areas to ensure that criminal suspects have food and drinks and necessary time for rest in these venues. After being taken into public security organs, criminal suspects should be taken directly to case investigation areas where video surveillance systems should be installed. By the end of 2015, public security organs at various locations had completed the standardized renovation of the venues of law enforcement and case investigation. |
| 社区矫正制度进一步完善。2012年新修改的刑事诉讼法明确规定，对被判处管制、宣告缓刑、假释或者暂予监外执行的罪犯，依法实行社区矫正，由社区矫正机构负责执行。根据刑法和刑事诉讼法的有关规定，司法部会同有关部门共同制定《社区矫正实施办法》，对社区矫正的交付、执行和法律监督等作出了全面规定。加强教育管理，切实提高社区矫正质量，加强社会适应性帮扶工作，制定完善并认真落实帮扶政策，协调解决社区服刑人员就业、就学、最低生活保障、临时救助、社会保险等问题，为社区服刑人员安心接受教育矫正并融入社会创造条件。截至2015年年底，全国已建立县（区）社区矫正中心1339个，累计接收社区服刑人员270.2万人，累计解除社区服刑人员200.4万人，在册社区服刑人员69.8万人，社区服刑人员在矫正期间重新犯罪率一直处在0.2%的较低水平。 | The system of community-based correction has been further improved. The amended Criminal Procedure Law adopted in 2012 stipulated that those criminals sentenced to public surveillance, probationary suspension, parole and serving terms outside of jail temporarily, should undergo community-based correction according to law, and be subject to the administration of community correctional institutions. According to the provisions of the Criminal Law and the Criminal Procedure Law, the Ministry of Justice worked with other related departments in jointly laying down Measures for the Implementation of Community Correction, and made comprehensive stipulations on the delivery, execution and legal supervision of community correction. Efforts were made to strengthen education and management and effectively raise the quality of community correction. To help those serving sentences adapt to society, the government formulated, improved and fulfilled earnestly the assistance policy, and coordinated with others to find solutions to the problems concerning the employment, schooling, subsistence allowances, provisional aid and social security, which has helped create conditions for those serving sentences to feel reassured in receiving community correction and assimilate back into society. By the end of 2015, China had established 1,339 community-based correction centers at the county (district) level, which received cumulatively 2.702 million people serving sentences, and released cumulatively 2.004 million such people. There were 698,000 people serving sentences on the roster to receive community correction, and the rate of recidivism for people receiving community correction has remained at a relatively low level of 0.2 percent. |
| 2013年12月，全国人大常委会通过关于废止有关劳动教养法律规定的决定。 | In December 2012, the NPC Standing Committee adopted a decision to abolish laws and regulations on reeducation through labor. |
| 2015年8月，全国人大常委会作出决定，对四类服刑罪犯予以特赦。截至2015年年底，依法特赦服刑罪犯31527人。 | In August 2015, the NPC Standing Committee decided to grant amnesty to four categories of prisoners. By the end of 2015, official pardons had been given to 31,527 prisoners according to law. |
| （二）被羁押人的权利 | (2) Rights of detainees |
| 对羁押的监督更加严格。公安机关对在押人员因病或因伤符合刑事诉讼法规定的可以取保候审或监视居住情形、不适宜继续羁押的，及时依法变更强制措施。2012－2015年，全国检察机关对不具有羁押必要性的案件共提出释放或变更强制措施建议83341人，办案机关采纳77591人，采纳率为93.1%。刑事羁押期限监督得到全面强化。2012－2015年，共发现超期羁押1974人，提出纠正1967人，已纠正1939人。 | Supervision over detention has been strengthened. For those detainees who are sick or injured or in a situation eligible for release on bail or residential surveillance and unsuitable for continued detention according to the provisions of the Criminal Procedure Law, public security organs will change compulsory measures according to law. Between 2012 and 2015, procuratorial institutions across the country proposed release or changing compulsory measures for 83,341 people who were involved in cases unnecessary for detention, and case-handling organs accepted such proposals for 77,591 detainees, with the adoption rate standing at 93.1 percent. Supervision over the term of criminal detention was intensified in a comprehensive way. Between 2012 and 2015, 1,974 detainees were found to be in extended custody, calls for correction were then made about 1,967 detainees, and the situations of 1,939 detainees have been corrected so far. |
| 被羁押人合法权益得到保障。2013年，公安部组织修订《看守所建设标准》，新建、改建和扩建的看守所全面推行床位制。公安部会同国家卫生计生委开展公安监管场所医疗专业化、社会化建设，为在押人员建立医疗档案，由专业医疗机构负责日常医疗卫生工作。被羁押人入所体检、定期体表检查、收押权利义务告知、紧急报警等制度得到严格落实，对犯罪嫌疑人的提讯和还押制度得到严格执行，对被羁押人的安全风险评估、心理干预、投诉调查处理以及特邀监督员巡查看守所等制度和工作机制不断完善，制定多项涉及公安监管场所被监管人员人身权利、财产权利、诉讼权利的制度。人民检察院通过派驻看守所、监狱的检察机构建立检察官信箱、被监管人约见检察官、检察官与被监管人谈话等工作机制和制度，了解是否存在被监管人受到体罚、虐待、侮辱或者打击报复等违法情形，依法提出纠正意见并监督监狱、看守所予以纠正。2012－2015年，全国检察机关因被监管人受到体罚、虐待、违法使用械具、禁闭等向监管机关提出纠正意见7770人次，已得到全部纠正。2015年3月发布实施的《监狱罪犯死亡处理规定》对监狱罪犯死亡的报告、调查处理、检察、责任追究作出了具体规定。 | Efforts were made to guarantee the legal rights of detainees. In 2013, the Ministry of Public Security organized the amending of Construction Standards for Detention Houses that call for the all-round adoption of the goal of one bed for one inmate in newly built, renovated and expanded detention houses. The Ministry of Public Security worked together with the National Health and Family Planning Commission to specialize and socialize medical care for inmates in venues under public security supervision and establish medical records for detainees, with professional medical institutions in charge of daily medical and health care services. The systems of physical examination for detainees when they are taken into custody, regular body surface examinations for detainees and the notification of the rights and obligations of the detainees and emergency alarming procedures were strictly implemented. The system of interrogation and remand of criminal suspects was also strictly carried out. The systems of assessing detainees' security risk, psychological intervention and investigation, and handling of their complaints were continually improved. The same was so for the system and working mechanism for inviting special supervisors to inspect the detention houses. Various regulations were formulated concerning detainees' rights of the person and belongings, and their litigation rights in detention houses of public security organs. Through the working mechanism and system regarding the establishment of procurator mailboxes, detainees' requests to see resident procurators, meetings between resident procurators and detainees in detention houses and prisons, people's procuratorates were able to find out whether there were violations of the rights of detainees, such as physical punishment, torture, insult and retaliation, and propose remedies and supervise the prisons and detention houses for correction. Between 2012 and 2015, procuratorial organs across China proposed to supervisory organs 7,770 remedies for practices that had been conducted on detainees, including physical punishment, torture, the illegal use of instruments and confinement. All of the practices were corrected. In March 2015, Regulations on the Handling of Cases Involving the Death of Detainees in Prisons were enforced to provide for concrete steps for reporting, investigating and handling, inspecting and establishing accountability. |
| （三）获得公正审判的权利 | (3) Right to a fair trial |
| 非法证据排除制度进一步完善。2013年，最高人民检察院发布《关于侦查监督部门调查核实侦查违法行为的意见（试行）》，进一步完善了对侦查违法活动进行监督的工作机制。最高人民法院关于适用刑事诉讼法的解释对证人出庭范围、鉴定人出庭范围、证人保护和作证补助等问题作了具体规定；设“非法证据排除”专节，明确规定申请排除非法证据的程序，以及取证合法性的审查、调查程序等。2013年，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：定罪证据不足的案件，应当宣告被告人无罪；采取刑讯逼供等非法方法收集的供述、未在规定的办案场所讯问取得的供述、未依法对讯问进行全程录音录像取得的供述以及不能排除以非法方法取得的供述，都应当予以排除。2012－2015年，各级人民法院依法宣判3369名被告人无罪。 | The system of excluding illegally obtained evidence has been further improved. In 2013, the Supreme People's Procuratorate issued Proposals for Investigation and Supervision Departments to Investigate and Verify Illegal Behaviors during Criminal Investigations (for trial implementation), and further improved the working mechanism for supervising illegal behaviors during criminal investigations. The Supreme People's Court's judicial interpretation on the application of the Criminal Procedure Law also provided for specific rules on the scope of witnesses appearing in court; the scope of appraisers appearing in court; the protection of witnesses, and subsidies for providing testimonies. In a special chapter devoted to eliminating illegal evidence, it clearly stipulated the procedures to apply for excluding illegal evidence and examine and investigate the legitimacy of evidence collection. In 2013, the Supreme People's Court promulgated Regulations on Establishing a Sound Working Mechanism to Guard against Unjust, False or Erroneous Charges in Criminal Cases. For cases having insufficient evidence, defendants should be found not guilty. It provided for eliminating all confessions extorted by torture or other illegal methods, not collected through interrogation in designated venues of case investigation, or confessions collected without audio-visual recordings of the whole interrogation process and those that could not exclude the possibility of being collected through illegal means. Between 2012 and 2015, the people' s courts at various levels found 3,369 suspects not guilty. |
| 犯罪嫌疑人、被告人的辩护权得到保障。2013年，最高人民法院、最高人民检察院、公安部、司法部联合发布《关于刑事诉讼法律援助工作的规定》，犯罪嫌疑人、被告人因经济困难没有委托辩护人的，可以申请法律援助；特定案件犯罪嫌疑人、被告人没有委托辩护人的，公安机关、人民检察院、人民法院应当通知法律援助机构指派律师为其提供辩护。 | The right to defense by suspects and defendants was safeguarded. In 2013, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued Regulations on Legal Aid for Criminal Proceedings. Criminal suspects and defendants who could not afford to retain defenders may apply for legal aid. In particular cases, the public security organs, people's procuratorates and people's courts should notify legal aid agencies to designate lawyers for criminal suspects and defendants who do not authorize defenders. |
| 律师执业权利得到保障。2015年，最高人民法院、最高人民检察院、公安部、国家安全部、司法部联合发布了《关于依法保障律师执业权利的规定》，进一步明确细化了律师的知情权、申请权、申诉权，以及会见、阅卷、收集证据和发问、质证、辩论辩护等方面的权利，提出了便利律师参与诉讼的措施，完善了律师执业权利保障的救济机制和责任追究机制，明确提出律师因依法执业受到侮辱、诽谤、报复人身伤害的，有关机关应当及时制止并依法处理，必要时对律师采取保护措施。 | The right of lawyers to practice law has been safeguarded. In 2015, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice jointly issued the Provisions on Protecting Lawyers' Practicing Rights in Accordance with the Law, further detailing the rights of lawyers to know, apply, appeal, meet, review case files, collect evidence, question, cross-examine, debate and make defense, etc. Measures were put in place to make it more convenient for lawyers to participate in litigations, and improve the mechanisms for relief and accountability aimed at protecting the rights of lawyers in practicing law. It was clearly stipulated that related institutions should in a timely manner stop, and handle in accordance with the law, any insults, defamations, retaliations, and personal injuries received by lawyers while practicing law and offer protection if necessary. |
| 实行全程同步录音录像制度。2012－2015年，全国已实现3512个人民法院网络全连通、数据全覆盖、业务全开通；建成1.8万多个科技法庭，实现重要案件“每庭必录”；建成2160套远程讯问系统，实现上下级法院间或法院和看守所间的远程讯问。检察机关明确职务犯罪案件办案人员实施选择性录音录像、为规避监督而故意关闭录音录像系统等行为应承担相应责任。各地公安机关办案区讯问室和看守所讯问室普遍安装了录音录像设施，依法开展讯问犯罪嫌疑人录音录像工作。 | A system of simultaneous audio and video recording has been put in place. Between 2012 and 2015, 3,512 people's courts nationwide were provided with full access to the internet and relevant data, and opened various services. More than 18,000 tribunals were equipped with the necessary technology to enable them to record each and every serious case. 2,160 long-distance inquiry systems were set up, making possible long-distance inquiries between upper and lower-level courts and between a court and a detention station. Procuratorial organs made it clear that people who handle functionary crimes would be held responsible for selectively practicing audio/video recording, or for deliberately shutting down the audio/video recording system in an attempt to prevent oversight. Audio and video recording equipment has been installed inside all interrogation rooms in case-handling areas of public security organs and detention houses, and the practice of audio and video recording in the interrogation of suspects has been started nationwide in accordance with the law. |
| 死刑适用更加严格。2015年8月，刑法修正案（九）取消了9个罪名的死刑，适用死刑的罪名由原有的55个减少至46个。2012年，最高人民检察院成立了死刑复核检察厅，严格死刑复核法律监督程序。2012年以来，最高人民法院共发布56个指导性案例，其中3个案例涉及适用死刑的犯罪情节。死刑二审案件已实现全部开庭审理。办理死刑复核案件更加注重听取辩护律师意见。高级人民法院复核死刑案件，被告人没有委托辩护人的，应当通知法律援助机构指派律师为其提供辩护。 | Tighter checks have been placed on the application of the death penalty. In August 2015, nine crimes were removed from the list of crimes subject to the death penalty in the Amendment (IX) to the Criminal Law, and therefore the number of crimes subject to the death penalty decreased from the previous 55 to 46. In 2012, the Supreme People's Procuratorate established the Oversight Office on the Review of the Death Penalty, in an effort to strengthen legal supervision procedures on the review of the death penalty. Since 2012, the Supreme People's Court has issued 56 exemplary cases of guiding importance, with 3 of them involving criminal acts where the death penalty was applicable. Second trials of death penalty cases have all been conducted in open courts. More importance is given to listening to the opinions of defense lawyers in the course of reviewing death penalty cases. When a higher people's court reviews a death penalty, for which the defendant didn't ask for a defense lawyer, it is required to ask legal aid agencies to designate a lawyer for defense service. |
| 自2014年1月1日起，全国法院正式实施量刑规范化工作。自2015年5月1日起，人民法院实行立案登记制。 | On January 1st, 2014, courts nationwide formally launched work on the standardization on sentencing. On May 1, 2015, people's courts started implementing the mechanism of case registration. |
| 修改民事诉讼法和行政诉讼法。建立小额诉讼制度、公益诉讼制度，完善了证据制度、裁判文书公开制度和审判监督程序等。增加规定了小额诉讼程序转为普通程序、举证责任分配原则等内容。规定被诉行政机关负责人出庭应诉制度。行政诉讼案件的审理程序和证据规则进一步完善，受到违法行政行为侵害的个人和组织获得司法救济权利的保障得到加强。 | The Law of Civil Procedure and the Law of Administrative Procedure have been revised. The procedure of cases involving small sums and the procedure of cases involving public interest have been introduced. The evidence system, the system of publicizing judgment documents and the supervision procedure on trials have been improved. Additions were made concerning the conversion of the procedure of cases involving small sums to common procedures and the principle of sharing responsibility in evidence collection. A system is in place, which requires the head of an administrative organ that is being sued to appear and respond in court. The trial process and evidence regulation of cases of administrative procedures have been improved further, and individuals and organizations that have been harmed by illegal administrative acts are provided with a strengthened guarantee of their right to secure judicial aid. |
| 国家赔偿制度得到有效落实。2012－2015年，各级人民法院共审结国家赔偿案件1.23万件。2015年，最高人民法院、最高人民检察院联合发布《关于办理刑事赔偿案件适用法律若干问题的解释》，规范了终止追究刑事责任的情形，进一步解决了实践中因刑事案件久拖不决公民无法申请国家赔偿的问题。 | A state compensation system has been effectively implemented. Between 2012 and 2015, the people's courts at various levels concluded 12,300 state compensation cases. In 2015, the Supreme People's Court and the Supreme People's Procuratorate jointly promulgated the Interpretations on Certain Issues Relating to Laws Applicable to Criminal Compensation Cases, which specified scenarios where criminal liability shall cease to be looked into. This further solves the problem of citizens being unable to apply for state compensation due to the procrastination and inconclusiveness of criminal cases. |
| （四）宗教信仰自由 | (4) Freedom of religious belief |
| 宗教信仰自由得到全面保障。根据宪法法律保护公民的宗教信仰自由，公民有信仰宗教的自由，也有不信仰宗教的自由，平等保护信教公民和不信教公民的合法权益。依法保障信教公民正常宗教需求，尊重信教公民的习俗。 | Freedom of religious belief is fully guaranteed. The freedom of religious belief of citizens is protected according to the Constitution and the law. Citizens have the liberty to believe or not to believe in religions. In either case, their legitimate rights are equally protected. Normal religious needs of citizens who have religious beliefs are guaranteed according to the law and their customs are respected. |
| 正常宗教活动依法得到保护。国家宗教事务局颁布了《宗教院校教师资格认定和职称评审聘任办法（试行）》《宗教院校学位授予办法（试行）》，进一步保护宗教院校教师、学生的合法权益，推进宗教院校管理规范化。2012－2015年，取消和调整12项宗教事务方面的行政审批项目。 | Normal religious activities are protected by law. The State Administration for Religious Affairs promulgated the Measures for Confirming the Qualifications and Determining the Professional Titles of Teachers of Religious Schools (for trial implementation) and the Measures on the Granting of Degrees by Religious Schools (for trial implementation), so as to further protect the legitimate rights and interests of teachers and students of religious schools and regulate the schools' management. Between 2012 and 2015, the administration canceled or adjusted 12 items subject for administrative approval in the field of religious affairs. |
| 穆斯林群众朝觐活动保障工作不断完善。国务院建立伊斯兰教朝觐工作部际联席会议制度。朝觐群众住房、餐饮、交通等保障水平进一步提高，体检接种、境外医疗防疫和安保工作不断完善。 | The work on the protection of pilgrimage activities of Muslims has constantly improved. The State Council established the mechanism of the inter-ministerial joint meeting on the work of pilgrimage made by believers in Islam. The facilitation of pilgrims' accommodation, food and drinks, and transport has been further elevated, and the work on their physical examination and vaccination, medical service, epidemic prevention and pilgrimage security when they stay abroad has been improved continuously. |
| 宗教活动场所和院校建设得到支持。2011－2015年，支持西藏宗教活动场所设施改扩建项目总投资2亿元。截至2015年年底，玉树灾后宗教活动场所重建范围所涉及的5县17个乡镇的87座受损寺庙全部完成重建。西藏佛学院建设取得新突破，累计培训僧尼近2000人，设立尼姑部和多座分院。甘肃、青海藏语系佛学院，四川藏语佛学院新校区也即将竣工投入使用。2012－2015年，国家累计投入近1500万元，支持和帮助伊斯兰教界修缮保护重点清真寺和有文物保护价值的宗教活动场所。中国伊斯兰教经学院改扩建项目已经实施完毕。2012年，投资5.13亿元用于中国佛学院新校舍建设。 | The construction of religious sites and colleges is supported. Between 2011 and 2015, a total of 200 million yuan was invested in the renovation and expansion projects of religious places in Tibet. By the end of 2015, all of the 87 temples scattered in 17 townships of 5 counties, that were damaged by the Yushu earthquake and placed on the list of religious places slated for reconstruction, had been rebuilt. Breakthroughs were made in the construction of the Tibet College of Buddhism. The college has so far trained nearly 2,000 monks and nuns, established the department of nuns, and opened several branch schools. The Gansu and Qinghai Buddhist seminaries in the Tibetan Language Family as well as the new campus of the Sichuan Tibetan-language Buddhist Seminary are to be completed and will come into operation soon. From 2012 to 2015, the State set aside a total of nearly 15 million yuan to support and assist the Islamic circle in repairing and preserving major mosques and religious sites that possess value for protection as cultural relics. The revamping and expansion project of the China Islamic Seminary has been completed. In 2012, the State invested 513 million yuan in the construction of new buildings of the Buddhist Academy of China. |
| 社会保障体系对宗教教职人员实现全覆盖。截至2013年年底，根据自愿原则，宗教教职人员医疗保险参保率达到96.5%，养老保险参保率达到89.62%，符合条件的教职人员全部纳入了低保和五保供养保障范围。 | Full coverage of the social security system has been realized for religious workers. By the end of 2013, participation on a voluntary basis in medical insurance among religious workers had reached 96.5 percent, participation in old age pension schemes had reached 89.62 percent, and religious workers who qualified for subsistence allowance and the Five Guarantees (food, clothing, medical care, housing and burial expenses) had all been provided for by the program. |
| 中国宗教界已与80余个国家的宗教组织建立友好关系，开展交流活动。 | The Chinese religious circle has formed friendly relations and conducted exchange activities with religious organizations from more than 80 countries. |
| （五）知情权 | (5) Right to be informed |
| 政府信息公开进一步推进。国务院实施《政府信息公开条例》。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。2013年启动“美丽中国——中国政务信息无障碍公益行动”，126个政府单位政务网站完成了无障碍改造。全面推进政府办事公开制度，依法公开服务范围及工作人员岗位职责，告知办事项目有关信息。 | The disclosure of government information has been further promoted. The State Council implemented the Provisions on the Disclosure of Government Information. Emphasis was put on the disclosure of information relating to administrative examination and approval, financial budgets and final accounts, government-subsidized housing, food and drug safety, land requisition and resettlement as well as information in other fields. "Beautiful China - Action for Barrier-Free Access to China Government Service" was launched in 2013, under which 126 government service websites were revamped for barrier-free access. The mechanism on government working in a transparent way has been fully pushed forward. The scope of service and responsibility of government personnel are publicized and information relating to the handling of matters is made known according to law. |
| 修改完善《审计署政府信息公开工作规定》。2015年，审计署政务微信上线运行，中国审计报数字APP、中国审计数字出版网上线。2012－2015年，审计署发布124期审计结果公告，召开新闻发布会50次，接受媒体专访220余次，通过网络直播发布活动或组织在线访谈30余次。 | The Rules on the Disclosure of Government Information of the National Audit Office has been revised and improved. In 2015, the National Audit Office launched its government affairs account on WeChat, the China Audit newspaper digital APP, and the China Audit Digital Publication Website. Between 2012 and 2015, the National Audit Office issued 124 notices on the auditing results, held 50 news conferences, accepted more than 220 media interviews, and conducted more than 30 live online press briefings and online interviews. |
| 2012－2015年，国务院新闻办公室围绕党和国家重要会议、重大决策和重点工作，组织新闻发布会322场；党中央、国务院以及地方党委、政府共组织新闻发布会、吹风会9300余场。 | Between 2012 and 2015, the State Council Information Office organized 322 news conferences on the major meetings, major decisions and major work of the CPC and the State. The CPC Central Committee, the State Council and local CPC committees and governments organized more than 9,300 news conferences and news briefings. |
| 司法公开继续深化。最高人民法院建立审判流程公开、裁判文书公开、执行信息公开三大平台。截至2015年年底，共发布裁判文书1448万份，被执行人信息3434.7万条。中国法院庭审直播网2015年共视频直播庭审3795次。截至2015年，人民检察院案件信息公开系统共发布案件程序性信息254万余件、重要案件信息102万余条、生效法律文书76万余份。公安部出台规定，要求依法向社会公众和特定对象公开执法的依据、流程进展、结果等信息。各地公安机关通过建立网上公安局、网上警务室、微博等方式，方便群众办事、查询和监督。 | Judicial openness has been continuously deepened. The Supreme People's Court established three major platforms for the disclosure of court proceedings, judgment documents and enforcement information. By the end of 2015, 14.48 million judgment documents and 34.347 million pieces of information concerning people subjected to enforcement, were released. In 2015, the China Law Court Live Broadcast Website offered live video streaming of 3,795 court hearings. By the end of 2015, the system for the disclosure of information of cases with the people's procuratorates had released 2.54 million pieces of information concerning case procedures, 1.02 million pieces of information concerning major cases, and 760,000 effective legal documents. The Ministry of Public Security promulgated regulations, demanding the release to the general public and specially targeted people of law-enforcement evidence, progress of procedures, results and other information. Public security organs at various levels have made it easier for the public to handle issues, search and supervise by opening online public security bureaus, online police stations, micro-blogs and by other means. |
| 厂务、村务公开制度进一步落实。截至2015年9月，全国已建立工会的企事业单位中有493.1万家单独建立厂务公开制度，有410.6万家非公有制企业单独建立厂务公开制度，建制率达93%，远远超过80%的计划预期目标。全国90%以上的县（市、区）编制了统一的村务公开目录，91%的村建立了村务公开机制，92%的村建立了村务监督委员会或其他形式的村务监督机构。 | The system for transparency of enterprise and village affairs has been further implemented. By September 2015, among all enterprises and public institutions with trade unions, 4.931 million had established a separate system of making enterprise affairs public, and 4.106 million non-public sector enterprises had established a separate system of making enterprise affairs public, accounting for 93 percent of the total, far exceeding the targeted goal of 80 percent. More than 90 percent of the counties (cities and districts) nationwide have compiled a unified catalogue of village affairs for disclosure, 91 percent of the villages have put in place the system of disclosure of village affairs, and 92 percent of villages have set up committees for supervision of village affairs or other forms of bodies in overseeing village affairs. |
| （六）参与权 | (6) Right to participate |
| 根据2010年修改的选举法的有关规定，在2011年至2013年进行的各级人大代表选举中，城乡按相同人口比例选举的原则首次正式全面实行，体现了人人平等、地区平等和民族平等。 | In accordance with the relevant stipulations of the Election Law amended in 2010, during elections of deputies to the people's congresses at various levels from 2011 to 2013, the principle began to be executed formally and fully that deputies are elected in the same proportion to the populations of urban and rural areas, demonstrating the equality among all people, regions and ethnic groups. |
| 拓宽公众参与立法的渠道。2015年修改立法法，拓宽公民有序参与立法途径，开展立法协商，完善立法论证、听证、法律草案公开征求意见等制度。2013年3月至2015年12月，共有140753人次对相关法律草案提出34万余条意见。每次草案公布征求意见结束之后，全国人大常委会均整理汇总对法律草案的意见并及时将重要法律草案的意见向社会作出反馈。2012－2015年，通过“中国政府法制信息网”公开征求意见的法律、行政法规64部，提出意见28.3万余条；公开征求意见的部门规章465部，提出意见8.9万余条。在广泛征求各方面意见基础上，2016年3月，全国人大常委会审议通过慈善法，保护慈善活动参与者的合法权益。 | The channels through which the public get involved in legislation have been widened. In 2015, the Legislation Law was revised, broadening the channels for citizens to participate in legislation in an orderly way, conducting legislation consultation, and improving the systems of legislative debate, hearing and openly soliciting opinions on draft laws. From March 2013 to December 2015, 140,753 people raised more than 340,000 opinions on relevant draft laws. Each time the deadline for soliciting opinions is over, the Standing Committee of the National People's Congress will sort out and summarize the opinions on draft laws and make prompt feedback to society on opinions about important draft laws. From 2012 to 2015, through the Chinese Government Legal Information Website, 64 laws and administrative regulations were offered up for public comment with more than 283,000 opinions collected, and 465 departmental rules opened for public comments with more than 89,000 opinions gathered. In March 2016, based on opinions collected from all sides, the National People's Congress deliberated on and adopted the Charity Law, protecting the legitimate interests of participants in charitable activities. |
| 民主党派和无党派人士在政协各种会议上发表意见、提出提案、反映社情民意信息的权利得到尊重和保障。2012－2015年，各民主党派和全国工商联共提出提案1461件，提交社情民意信息11998条。 | The right of members of non-Communist parties and personages without party affiliation to make comments, raise proposals and deliver reports on social conditions and public opinions at various meetings of the CPPCC has been respected and guaranteed. From 2012 to 2015, various non-Communist parties and the All-China Federation of Industry and Commerce put forth a total of 1,461 proposals and 11,998 reports on social conditions and public opinions. |
| 人民团体和社会组织积极参与公共治理。工会参与《劳动保障监察条例》修改研究工作。2012年以来，各级工会履行劳动法律监督职责，推动各级工会组织开展重大劳动违法典型案件公开曝光工作。2015年，全国共有工会劳动法律监督组织近96万个，监督员总人数接近213万。共青团、妇联等人民团体通过多种渠道反映诉求。 | Mass organizations and social groups take an active part in public management. Trade unions involved themselves in the study of the revising of the Regulations on Supervision of Labor Security. Since 2012, trade unions at all levels have performed their duty in supervising the implementation of labor laws. By 2015, trade unions throughout the country had established up to 960,000 labor law supervision organizations, with a total of nearly 2.13 million supervisors. The Communist Youth League of China, the All-China Women's Federation and other mass organizations conveyed their requests through multiple channels. |
| 工会组织和职工代表大会制度不断完善。中华全国总工会发布《关于新形势下加强基层工会建设的意见》《基层组织建设工作规划（2014－2018年）》，扩大工会组织有效覆盖。截至2015年9月底，全国新发展进城务工人员会员约1300万人。有关部门制定《国有文化企事业单位职工代表大会实施办法（暂行）》。截至2015年9月底，全国已建工会的企事业单位有505.9万家单独建立职工代表大会制度，区域（行业）职工代表大会覆盖企业187.3万家，420.7万家非公有制企业单独建立职工代表大会制度，建制率为94.6%，超过80%的计划预期目标。 | The system of trade union organizations and workers' congresses has constantly improved. The All-China Federation of Trade Unions issued the Opinions on Strengthening the Construction of Grassroots Trade Unions under New Situations and the Plan of Work on the Construction of Grassroots Organizations (2014-2018), to expand the effective coverage of trade unions. By the end of September 2015, about 13 million workers who moved from rural to urban areas for employment had been newly adopted as members of trade unions. Relevant departments have formulated Measures of Implementation on Workers' Congresses in State-owned Cultural Units, Enterprises and Institutions (Temporary). By the end of September 2015, among all the enterprises and public institutions with trade unions throughout the country, 5.059 million had established a separate system of workers' congresses, regional (professional) workers' congresses had covered 1.873 million enterprises, and 4.207 million non-public sector enterprises had established a separate system of workers' congresses, accounting for 94.6 percent, exceeding the projected target of 80 percent. |
| 基层群众自治制度更加健全。民政部制定《村民委员会选举规程》，98%以上的村委会依法实行直接选举。落实村（居）民会议、村（居）民代表会议、村（居）民议事会等制度，保障群众参与基层公共事务管理和决策。有关部门制定《关于加强城乡社区协商的意见》，健全基层民主协商机制。 | The system of people's self-governance at grassroots level has been further improved. The Ministry of Civil Affairs has formulated the Regulations and Procedures on the Election of Village Committees, and more than 98 percent of village committees are directly elected according to law. The systems of conferences of villagers (residents), conferences of deputies of villagers (residents), consultative conferences of villagers (residents), etc, have been implemented, guaranteeing the participation of the masses in the management and decision making of public affairs at grassroots level. Relevant departments have worked out the Opinions on the Enhancement of Consultation between Urban and Rural Communities, refining the system of democratic consultation at grassroots level. |
| 社会组织成为人民群众参与社会治理和公共服务的重要渠道。社会组织结构不断优化、质量稳步提高。截至2015年年底，全国依法登记社会组织约66万个，比2012年同期增长了32.3%，全国各类社会组织收入约2600亿元，吸纳社会各类人员就业约850万人，各类社会组织接受捐款约900亿元。探索开展行业协会商会类、科技类、公益慈善类、城乡社区服务类社会组织直接登记。启动行业协会商会与行政机关的脱钩。充分发挥慈善类社会组织在扶贫济困救灾和应对各种突发事件中的优势和作用。积极培育发展非营利性民办学校、民办医院、民办养老机构等社会服务机构，满足人民群众日益增长的多样化公共服务需求。推动政府向社会组织转移职能和购买服务。探索社会组织特别是城乡基层社会组织开展协商。 | Social groups have become an important channel through which the masses of people take part in social management and public service. Their structures have been continuously optimized and their quality has been steadily improved. By the end of 2015, the number of social groups registered nationwide according to law had reached about 660,000, an increase of 32.3 percent over the corresponding period of 2012. Social groups of various types nationwide had generated incomes of around 260 billion yuan, providing about 8.5 million people of various kinds with employment, and accepted donations of approximately 90 billion yuan. Direct registration for professional associations of such types as commerce, science and technology, charity, urban and rural community service has been explored and practiced. The delinking between chambers of commerce and administrative organs has been activated. The strengths and role that social groups in the philanthropic field have in poverty and disaster relief and dealing with various emergencies have been fully utilized. Privately-run schools, hospitals and homes for the aged and other social service facilities, that are not for profit, have been actively nurtured and developed, to meet the increasing demands of the people for diversified public services. Government has been encouraged to transfer its functions to and purchase services from social groups. Consultation between social groups, especially grassroots social groups in urban and rural areas, has been explored. |
| （七）表达权 | (7) Right to be heard |
| 推进协商民主建设。2013年以来，全国政协创建“双周协商座谈会”，以专题为内容、以界别为纽带、以专门委员会为依托、以座谈为方法，每年召开20次左右。开展专题协商、界别协商、对口协商、提案办理协商。 | The construction of consultative democracy has been pushed forward. In 2013, the CPPCC initiated Bi-weekly Consultative Forums, which were held about 20 times a year, focusing on specific topics, taking advantage of the inclusiveness of the National Committee, relying on special committees and taking the form of discussion meetings. The CPPCC held consultations on specific issues, consultations with representatives of specific sectors of society, consultations with Party and government departments and consultations on the handling of proposals. |
| 互联网信息平台丰富公民表达渠道。截至2015年年底，中国网民规模达到6.88亿，互联网普及率为50.3%。网民通过网络新闻评论、论坛、博客、微博、微信等互联网平台发表言论，对各级政府的工作提出批评和建议，对公务人员的行为进行监督。 | The internet information platform has enriched channels through which citizens can have their voices heard. By the end of 2015, China's online population had reached 688 million and the internet penetration rate had reached 50.3 percent. Netizens make remarks and comments through online news commentaries, forums, blogs, micro-blogs, WeChat accounts and other internet platforms, putting forward criticisms and suggestions on the work of the government at various levels and exercise supervision over the conducts of civil servants. |
| 信访渠道不断拓宽。优化公民来信来访等诉求表达传统渠道。畅通领导信箱、短信投诉、视频接访，建立人民建议征集制度。国家信访信息系统运行机制完善，受理办理过程全公开，接受公民评价和社会监督。全国所有省份和30个部委已经实现互联互通，网上信访逐步成为公民表达诉求的主渠道。 | The channels for people to make complaints in the form of letters and visits have been continuously broadened. Letters and visits and other traditional channels for citizens to express opinions have been optimized. Efforts have been made to make sure that complaints can reach officials through their letter boxes and short messages or through video links. A system has been put in place to collect suggestions from the public. The operational mechanism of the nationwide complaint system has been improved, with the process of complaints being received and handled open to the public and subject to citizens' comments and social supervision. Interconnection and inter-working have been realized in all provinces of China and 30 ministries and ministerial-level commissions, and online complaint making has gradually become the main channel for citizens to make demands. |
| 企事业单位职工表达权得到保障。有关部门联合制定《企业民主管理规定》，企业劳动规章制度的制定修改、企业经营管理活动的重大决策和涉及职工切身利益的重要事项必须提交职工代表大会讨论审议。在职工代表大会闭会期间，通过职工代表团组长联席会议、职工民主管理委员会、劳资恳谈会等形式及时反映职工诉求。 | The rights of workers in enterprises and public institutions to be heard are guaranteed. Relevant departments jointly produced the Regulations on Democratic Management of Enterprises, under which the formulation and revision of labor rules and regulations of enterprises, major decisions about the operation and management of enterprises, and important matters concerning the immediate interests of workers must be submitted to workers' congresses for deliberation. During the adjournment of workers' congresses, workers' demands are promptly conveyed through joint meetings of leaders of workers' delegations, workers' democratic management committees, talks between labor and capital and other channels. |
| 国家新闻出版广电总局贯彻落实《新闻记者证管理办法》《报刊记者站管理办法》，保障新闻媒体及分支机构、新闻记者的合法采访权、舆论监督权。 | The State Administration of Press, Publication, Radio, Film and Television has implemented the Measures for the Administration of Press Cards and the Measures for the Administration of Correspondent Bureaus of Newspapers and Periodicals, to protect the legitimate rights of news media and their branches and reporters to interview and supervise by public opinion. |
| （八）监督权 | (8) Right to oversee |
| 全国人大及其常委会监督力度不断加强。2015年修改立法法，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。2012－2015年，全国人大常委会开展12次专题询问和15项专题调研，检查了17项法律实施情况。2014年全国人大常委会办公厅制定《关于改进完善专题询问工作的若干意见》，将涉及改革难度大、存在问题多、社会关注度高、关系群众切身利益的报告议案确定为专题询问的选题，执法检查、听取报告、专题询问三种监督形式有机结合。2015年全国人大常委会检查职业教育法、消费者权益保护法、水污染防治法等6部法律的实施情况。 | The NPC and its Standing Committee have continuously strengthened supervision. In 2015, the Legislation Law was revised, the system of filing and examining laws, regulations and regulatory documents was strengthened, and clear guidelines were set out on voluntary examination feedback to applicants for examinations and openness to society. From 2012 to 2015, the NPC Standing Committee held 12 special consultations, carried out 15 special investigations and surveys, and conducted inspections on the enforcement of 17 laws. In 2014, the General Office of the NPC Standing Committee formulated A Number of Opinions on the Improvement of the Work of Special Consultations, listing reports and bills that involve reform of a high rate of difficulty, reflect numerous problems, draw high degrees of public attention, and concern the immediate interests of the general public as topics of special consultation, and organically combining the three forms of supervision, law-enforcement inspection, report hearing and special consultation. In 2015, the NPC Standing Committee carried out inspections on the enforcement of 6 laws including the Law on Vocational Education, the Law on the Protection of Rights and Interests of Consumers and the Law on the Prevention and Treatment of Water Pollution. |
| 人民政协积极探索和完善民主监督机制。2015年，专门围绕腾格里沙漠污染治理、投资审批制度改革等重大问题开展多项监督性调研议政，就决策执行中的问题提出批评和建议。 | The CPPCC actively explored ways to improve the system of democratic supervision. In 2015, it launched several supervisory investigations and surveys especially concerning the treatment of pollution of the Tengger Desert, reform of the system of investment examination and approval and other significant matters, putting forth criticisms and suggestions in relation to the problems that had emerged in the execution of the decisions. |
| 对法规、规章和规范性文件的监督力度加大。截至2015年年底，相关部门已明令废止35部，全面修改24部，部分条款修改的182部法规规章。2012年6月至2014年6月，处理了存在违法设定和实施行政许可、行政强制、行政处罚等问题的81部法规规章。特别对国务院取消和下放行政审批项目涉及的部门规章进行了集中审查和督促修改。 | Supervision over regulations and regulatory documents has been strengthened. By the end of 2015, relevant departments had by official order nullified 35 rules and regulations, comprehensively amended 24, and partially amended 182. Between June 2012 and June 2014, they dealt with 81 rules and regulations on administrative authorization, administrative compulsion and administrative punishment that had been illegally put in place. They especially conducted concentrated examinations on and supervised and urged amendments to those departmental rules and regulations related to items of administrative examination and approval that had been canceled or delegated by the State Council. |
| 行政问责、行政复议、行政诉讼制度进一步完善。2012－2014年，各级行政复议机关共受理行政复议申请约34万件，审结32万余件，占受理案件总数的94%。最高人民法院下发《关于人民法院跨行政区域集中管辖行政案件的指导意见》，推进相关机制改革。截至2015年年底，已设立北京市第四中级人民法院、上海市第三中级人民法院等跨行政区划人民法院。 | The systems of administrative accountability, administrative review and administrative proceedings have been further improved. From 2012 to 2014, administrative review organs at various levels accepted about 340,000 applications for administrative reconsideration and concluded 320,000 cases, or 94 percent of the total. The Supreme People's Court promulgated the Guiding Opinions on People's Courts Exercising Trans-Administrative Regional and Centralized Jurisdiction of Administrative Cases, promoting relevant institutional reforms. By the end of 2015, people's courts that transcend administrative divisions, including the No. 4 Intermediate People's Court of Beijing and the No. 3 Intermediate People's Court of Shanghai, had been put in place. |
| 社会监督不断加强。最高人民检察院、司法部印发《深化人民监督员制度改革方案》。截至2015年年底，全国共有人民监督员1.5万多人，聘任特约检察员3786人。人民监督员监督检察机关查办职务犯罪案件中“拟撤销案件”和“拟不起诉案件 ”共7974件，其中，对212件案件提出不同意检察机关拟处理决定的意见，对检察机关查办职务犯罪工作中一些情形提出监督纠正意见992件，对检察工作和队伍建设提出建议156条。充分发挥互联网监督作用，近年来，中央纪检监察机构和最高人民法院、最高人民检察院等开设了举报网站，一大批通过互联网反映出来的问题得到了解决，为预防和惩治贪污腐败发挥了重要作用。 | Social supervision has been strengthened. The Supreme People's Procuratorate and the Ministry of Justice printed and distributed the Plan of Reform on the Enhancement of the Mechanism of People's Supervisors. By the end of 2015, more than 15,000 people's supervisors had been recruited and 3,786 special procurators had been appointed. People's supervisors oversaw 7,974 cases of functionary crimes which procuratorial organs either "planned to dismiss" or "planned not to proceed with charges." People's supervisors raised opinions of disagreement to the planned decisions of procuratorial organs over 212 cases, put forth 992 suggestions for the correction of some scenarios that occurred in the course of procuratorial organs handling functionary crimes, and made 156 suggestions on procuratorial work and the construction of the procuratorial team. The supervisory role of the internet has been fully utilized. In recent years, the discipline inspection and supervision organs of the CPC Central Committee, the Supreme People's Court, the Supreme People's Procuratorate and others have opened offence-reporting websites and a large number of problems that were raised on the internet have been resolved, which played an important role in preventing and penalizing embezzlement and corruption. |
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