五、依法保障公民基本權(quán)利
V. Protecting the Basic Rights of Citizens in Accordance with the Law

中國(guó)共產(chǎn)黨將依法治國(guó)和人權(quán)保障有機(jī)結(jié)合，貫穿于社會(huì)主義法治建設(shè)全過(guò)程。在推進(jìn)全面依法治國(guó)進(jìn)程中，科學(xué)立法為保障人權(quán)提供了堅(jiān)實(shí)的法律體系，嚴(yán)格執(zhí)法為保障人權(quán)提供了良好的法治政府環(huán)境，公正司法為保障人權(quán)提供了有力的司法救濟(jì)途徑。建立了以黨章為本、若干配套黨內(nèi)法規(guī)為支撐的黨內(nèi)法規(guī)制度體系，強(qiáng)力反腐維護(hù)人民利益。
The CPC has integrated law-based governance with human rights protection, promoting both throughout the whole process of socialist rule of law. In advancing law-based governance, sound legislation has created a legal system to protect human rights, strict law enforcement has fostered a good law-based environment for human rights protection, and judicial justice has provided an effective channel for judicial remedy in the field of human rights. A sound system of intra-Party regulation has been formed based mainly on the Party Constitution and supplemented by other intra-Party rules, which is most effective in fighting corruption and safeguarding people’s interests.

（一）健全基本權(quán)利保障的法律體系
1. Improving the Legal System to Protect People's Basic Rights

在中國(guó)共產(chǎn)黨的領(lǐng)導(dǎo)下，中國(guó)特色社會(huì)主義法律體系已經(jīng)形成，人權(quán)保障各方面立法較為完備。以憲法為根本依據(jù)，中國(guó)制定和完善了一系列保障人權(quán)的法律制度，為人權(quán)保障提供了法治基礎(chǔ)。截至2021年4月，中國(guó)現(xiàn)行有效的法律共計(jì)277件，涵蓋了憲法及憲法相關(guān)法、民商法、行政法、經(jīng)濟(jì)法、社會(huì)法、刑法、訴訟及非訴訟程序法等領(lǐng)域。民法典體現(xiàn)了對(duì)生命健康、財(cái)產(chǎn)安全、生活幸福、人格尊嚴(yán)等各方面權(quán)利平等保護(hù)，對(duì)依法維護(hù)人民權(quán)益、推動(dòng)我國(guó)人權(quán)事業(yè)發(fā)展具有重要意義；基本醫(yī)療衛(wèi)生與健康促進(jìn)法、食品安全法、傳染病防治法、體育法等法律法規(guī)為維護(hù)公民生命權(quán)、健康權(quán)作出了細(xì)致規(guī)定；刑法、刑事訴訟法確立罪刑法定、無(wú)罪推定、非法證據(jù)排除等原則規(guī)則，明確禁止刑訊逼供；立法法、行政強(qiáng)制法、行政處罰法對(duì)限制人身自由的強(qiáng)制措施和處罰進(jìn)行了嚴(yán)格的法律保留；選舉法、勞動(dòng)法、教育法等法律法規(guī)將公民的選舉權(quán)、被選舉權(quán)、勞動(dòng)權(quán)、受教育權(quán)等納入基本保障體系。
Under the leadership of the CPC and based on the Constitution, a Chinese socialist system of laws has taken shape, providing a relatively complete legal system to protect human rights. As of April 2021, there were 277 laws in force in China, including the Constitution and related laws, civil and commercial law, administrative law, economic law, social law, criminal law and procedural law related to litigation and non-litigation. The Civil Code plays an important role in equal protection of people’s rights and advancing the cause of human rights in such areas as life and health, property, people’s wellbeing and human dignity. The Law on Promotion of Basic Medical and Health Care, the Food Safety Law, the Law on Prevention and Treatment of Infectious Diseases and the Law on Physical Culture and Sports include provisions to protect citizens’ rights to life and health. The Criminal Law and the Criminal Procedure Law provide the principles of legality, presumption of innocence, and exclusion of evidence obtained by illegal means, explicitly banning forced confessions. The Legislation Law, the Administrative Compulsion Law and the Law on Administrative Penalties follow the principle of strictly confining any compulsory measures and penalties involving personal freedom within the precise scope of the relevant laws. The Electoral Law, the Labor Law and the Education Law have incorporated into the protection system the citizens’ rights to vote, to be elected, to work and to access education.

（二）建設(shè)基本權(quán)利保障的法治政府
2. Applying Rule of Law in Governance to Safeguard the Basic Rights of the People

不斷強(qiáng)化依法行政，建設(shè)職能科學(xué)、權(quán)責(zé)法定、執(zhí)法嚴(yán)明、公開(kāi)公正、廉潔高效、守法誠(chéng)信的法治政府。中共十八大以來(lái)，中共中央、國(guó)務(wù)院先后印發(fā)《法治政府建設(shè)實(shí)施綱要（2015－2020年）》《法治中國(guó)建設(shè)規(guī)劃（2020－2025年）》等文件，從政府職能、行政制度、行政決策、行政執(zhí)法以及法治思維等方面對(duì)實(shí)現(xiàn)建成法治政府這一目標(biāo)提出措施構(gòu)想，切實(shí)保障公民基本權(quán)利。
China has made efforts to strengthen law-based governance and build a government that is open, impartial, clean, efficient and honest, with properly defined functions, statutory powers and responsibilities, and strict law enforcement. Since the 18th CPC National Congress in 2012, the CPC Central Committee and the State Council have released the Implementation Outline for Building a Law-based Government (2015-2020) and the Plan on Developing the Rule of Law in China (2020-2025) and other documents, putting forward measures and ideas for government functions, administrative institutions, administrative decisions, administrative law enforcement, and thinking in terms of the rule of law, thus effectively ensuring that people enjoy their basic rights.

把行政權(quán)力限制在法治框架之中。確立法無(wú)授權(quán)不可為的行政執(zhí)法原則，完成行政機(jī)構(gòu)改革，禁止法外設(shè)權(quán)、違法用權(quán)。落實(shí)行政規(guī)范性文件制定和監(jiān)督管理規(guī)定、重大行政決策程序規(guī)定，實(shí)施政府法律顧問(wèn)、公職律師制度。行政執(zhí)法程序更加科學(xué)規(guī)范，建立行政裁量權(quán)基準(zhǔn)制度和行政執(zhí)法調(diào)查取證、告知、罰沒(méi)收入管理、行刑銜接等制度，全面推行行政執(zhí)法公示制度、執(zhí)法全過(guò)程記錄制度、重大執(zhí)法決定法制審核制度，依法擴(kuò)大聽(tīng)證事項(xiàng)范圍、明確聽(tīng)證程序效力，推廣非強(qiáng)制性執(zhí)法手段，實(shí)施人性執(zhí)法、柔性執(zhí)法，建立“首違不罰制”。
Administrative power is constrained within the perimeter of the law. China has established a principle under which administrative bodies must not take any action that is not mandated by law. It has completed reform of the administrative structure, and prohibited any exercise of power not provided for by law, or any illegal use of power. The state has issued regulations on enacting normative documents and supervising and managing the implementation of such documents, and regulations on major administrative decision-making processes. It is prescribed that all government departments should employ legal advisers and government lawyers. China has improved its procedural standards for administrative law enforcement, and established a system of benchmarks for administrative discretion. It has developed systems to conduct investigations and collect evidence in administrative law enforcement, to keep any parties concerned informed, to manage the revenues from fines and confiscation, and to connect administrative law enforcement with criminal justice. The state has established public notification of administrative law enforcement, a recording system throughout the whole process of law enforcement, and a legal review of major law enforcement decisions. It has expanded the scope of hearings, and defined the effectiveness of hearing procedures. It has promoted non-mandatory law enforcement, carried out humane and flexible law enforcement, and established the principle of no punishment for a first offense that is trivial and has no serious consequences.

全面加強(qiáng)行政執(zhí)法監(jiān)督救濟(jì)。實(shí)現(xiàn)案件流程信息化管理和同步記錄，加強(qiáng)對(duì)執(zhí)法活動(dòng)的實(shí)時(shí)監(jiān)督。建立以執(zhí)法考評(píng)為主要內(nèi)容的績(jī)效考核體系，完善公正高效、便民為民的行政復(fù)議制度，建設(shè)行政執(zhí)法信息平臺(tái)和行政執(zhí)法監(jiān)督網(wǎng)絡(luò)平臺(tái)，實(shí)現(xiàn)執(zhí)法隊(duì)伍專業(yè)化、執(zhí)法行為標(biāo)準(zhǔn)化、執(zhí)法管理系統(tǒng)化、執(zhí)法流程信息化。強(qiáng)化責(zé)任追究機(jī)制，有效規(guī)范行政執(zhí)法行為。
China has strengthened the supervision of administrative enforcement of the law in all respects and improved the remedial process. China uses IT application in the management and on-site recording of case-handling procedures, and has strengthened real-time supervision over law enforcement activities. It has established a performance appraisal system with the focus on law enforcement, and put in place a sound administrative review system that is impartial, efficient and convenient and works in the interest of the people. The state has developed platforms to provide information and online supervision concerning administrative law enforcement, ensuring that enforcement personnel are professional and follow standardized rules in their work, and law enforcement management is systematic, and applying IT in the procedure. It has strengthened accountability mechanisms and effectively regulated administrative acts.

建設(shè)服務(wù)型政府。持續(xù)深化改革，加快轉(zhuǎn)變政府職能，以法治手段維護(hù)公平競(jìng)爭(zhēng)環(huán)境，加強(qiáng)監(jiān)管和服務(wù)。終結(jié)非行政許可審批，全面推行證明事項(xiàng)和涉企經(jīng)營(yíng)許可事項(xiàng)告知承諾制，事中事后監(jiān)管得到加強(qiáng)并持續(xù)優(yōu)化。編制政務(wù)服務(wù)事項(xiàng)清單，建立政務(wù)服務(wù)“好差評(píng)”制度，簡(jiǎn)化辦事流程，打造優(yōu)質(zhì)高效的辦事服務(wù)環(huán)境。推行在線公共服務(wù)，著力建設(shè)全國(guó)一體化在線政務(wù)服務(wù)平臺(tái)，推進(jìn)各地區(qū)、各部門政務(wù)服務(wù)平臺(tái)規(guī)范化、標(biāo)準(zhǔn)化、集約化建設(shè)和互聯(lián)互通，推進(jìn)基本公共服務(wù)的均等化、普惠化、便捷化。
In its effort to build a service-oriented government, China has continued to deepen reform, accelerate the transformation of government functions, ensure an environment of fair competition by legal means, and strengthen oversight and service provision. It has phased out licensing of matters not covered by the Law on Administrative Licensing, and replaced the provision of documentary evidence with an undertaking that relevant conditions have been met, for applications concerning individual matters and operating permits required for businesses, with strengthened oversight during and after the process. Government departments have published a full list of their services, established a government service evaluation system, and streamlined work processes to create a quality and efficient service environment. The central government has promoted online public services, advanced a national online platform for government services, and improved the standards, efficacy and connectivity of the service platforms of different regions and departments, ensuring that everyone has equitable and convenient access to basic public services.

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（三）完善基本權(quán)利保障的司法制度
3. Improving the Judiciary to Protect the Basic Rights of Citizens

深化司法體制改革，優(yōu)化司法職權(quán)配置，確保審判權(quán)檢察權(quán)依法獨(dú)立公正行使。推進(jìn)司法人員分類管理制度和司法職業(yè)保障制度改革。實(shí)行省級(jí)以下地方法院、檢察院人財(cái)物統(tǒng)一管理，推進(jìn)跨行政區(qū)劃的人民法院和人民檢察院的設(shè)立，部分省市設(shè)立知識(shí)產(chǎn)權(quán)法院、互聯(lián)網(wǎng)法院、金融法院等。
By deepening reform of the judiciary, China has improved the allocation of judicial powers and responsibilities to ensure independent and impartial exercise of judicial power and the power of prosecutors. It has reformed the category-based management of judicial personnel and job security for the judicial profession. The state has carried out unified management of personnel, funds and property in people’s courts and procuratorates under the provincial level, and set up trans-regional people’s courts and people’s procuratorates. Courts to handle intellectual property and financial cases, and online courts have been established in some provinces and equivalent administrative units.

全面落實(shí)司法責(zé)任制，深化司法責(zé)任制綜合配套改革，明確法官、檢察官辦案的權(quán)力和責(zé)任，完善懲戒機(jī)制，強(qiáng)化制約監(jiān)督。人民法院完善審判權(quán)力和責(zé)任清單，嚴(yán)格違法審判責(zé)任追究，做到“讓審理者裁判、由裁判者負(fù)責(zé)”。人民檢察院建立以辦案質(zhì)量、效率和效果為基本內(nèi)容的檢察官業(yè)績(jī)?cè)u(píng)價(jià)指標(biāo)體系和考評(píng)機(jī)制，實(shí)現(xiàn)“誰(shuí)辦案誰(shuí)負(fù)責(zé)、誰(shuí)決定誰(shuí)負(fù)責(zé)”。嚴(yán)格落實(shí)防止干預(yù)司法的相關(guān)規(guī)定。
To implement judicial accountability in all respects, China has carried out comprehensive and integrated reform of the judicial system. The state has made clear the powers and responsibilities of judges and prosecutors, improved the disciplinary mechanisms, and strengthened checks and oversight. The people’s courts have improved the list of judicial power and responsibilities, and strictly implemented the accountability system for unlawful judicial decisions, ensuring that those who hear cases pass judgments and take accountability for the cases they have adjudicated. The people’s procuratorates have developed a performance measurement system and evaluation mechanisms for prosecutors, focusing on the quality, efficiency and effectiveness of their case handling, to ensure that those who handle a case and make a ruling assume full responsibility for it. China has strictly implemented regulations to prevent interference in the justice system.

全面嚴(yán)格實(shí)施立案登記制，充分保障當(dāng)事人訴權(quán)。堅(jiān)持寬嚴(yán)相濟(jì)刑事政策，精準(zhǔn)適用刑罰。完善刑事訴訟程序，規(guī)范認(rèn)罪認(rèn)罰從寬制度的適用，健全刑事案件速裁程序?qū)嵤C(jī)制，深化案件繁簡(jiǎn)分流，依法及時(shí)有效懲罰犯罪、保障人權(quán)。2020年，認(rèn)罪認(rèn)罰從寬制度全年適用率達(dá)86.8%。修改民事訴訟法，完善民事證據(jù)制度，促進(jìn)糾紛有效解決，民事訴訟程序繁簡(jiǎn)分流試點(diǎn)在15個(gè)省份20個(gè)城市305家法院推開(kāi)。加強(qiáng)對(duì)公共利益的司法保護(hù)，完善檢察機(jī)關(guān)提起公益訴訟制度。修改行政訴訟法，強(qiáng)化行政相對(duì)人合法權(quán)益保護(hù)，發(fā)布行政機(jī)關(guān)負(fù)責(zé)人出庭應(yīng)訴相關(guān)規(guī)定。
China has strictly implemented a case docketing and registration system across the board to fully protect citizens’ right to take legal action. The judiciary has continued to combine harsh punishment and leniency in handling criminal cases, and apply appropriate penalties in accordance with the law. It has improved criminal proceedings and standardized the system of showing leniency to suspects and defendants who confess to their crimes. China has improved a fast-track sentencing procedure for criminal cases and further separated the handling of simple and complex cases to punish those found guilty promptly in accordance with the law and to protect human rights. In 2020, 87 percent of the criminal cases were treated with leniency after the accused pled guilty. China has amended the Civil Procedure Law and improved the system of civil evidence to provide solutions to disputes more effectively. Separation of simple and complex civil cases has been piloted in 305 courts in 20 cities in 15 provinces. The state has strengthened judicial protection of public interest, and improved the system by which prosecuting bodies can bring public interest lawsuits to court. It has amended the Administrative Procedure Law, strengthened the protection of the legitimate rights and interests of any individual subjected to an administrative action, and issued regulations stipulating that the individual in charge of an administrative agency should appear in court if a lawsuit is filed against the agency.

深化司法公開(kāi)，建立健全陽(yáng)光司法機(jī)制。不斷加強(qiáng)審判流程、庭審活動(dòng)、裁判文書(shū)、執(zhí)行信息司法公開(kāi)平臺(tái)和12309中國(guó)檢察網(wǎng)信息公開(kāi)平臺(tái)、中國(guó)檢察聽(tīng)證網(wǎng)建設(shè)。截至2021年4月，中國(guó)裁判文書(shū)網(wǎng)文書(shū)總量1億多篇，訪問(wèn)總量607.34億次，全國(guó)法院庭審直播數(shù)量累計(jì)突破1267.6萬(wàn)場(chǎng)。加強(qiáng)對(duì)司法活動(dòng)的監(jiān)督，深化刑事訴訟監(jiān)督，加強(qiáng)民事行政訴訟監(jiān)督，開(kāi)展公益訴訟監(jiān)督。落實(shí)人民陪審員法，不斷完善人民陪審員制度，深化人民監(jiān)督員制度改革。
Judicial activities are becoming more open to increase judicial transparency. China has improved the information-releasing platforms on judicial procedures, trials, written judgments, and the execution of judgments. It keeps improving the service of China Procuratorial Network and China Procuratorial Hearing Network. As of April 2021, China Judgments Online had published over 119 million judgments, attracting 60.7 billion visits. About 12.7 million court trials had been broadcast live. China has strengthened supervision over judicial activities, criminal proceedings and civil administrative proceedings, and carried out supervision over public interest litigation. It has implemented the Law on People’s Jurors, improved the system of people’s jurors, and deepened reform of the system of people’s supervisors.

保障當(dāng)事人獲得公正審判的權(quán)利。深入推進(jìn)以審判為中心的刑事訴訟制度改革，嚴(yán)格貫徹罪刑法定、疑罪從無(wú)、證據(jù)裁判、非法證據(jù)排除等法律原則規(guī)則，完善出庭作證機(jī)制，實(shí)現(xiàn)庭審實(shí)質(zhì)化。充分保障犯罪嫌疑人和被告人的辯護(hù)權(quán)和獲得法律幫助的權(quán)利，深入開(kāi)展刑事案件律師辯護(hù)全覆蓋試點(diǎn)；保障辯護(hù)律師會(huì)見(jiàn)、閱卷、調(diào)查取證、質(zhì)證和辯論辯護(hù)等各項(xiàng)訴訟權(quán)利；完善保障律師依法履職機(jī)制，建立健全維護(hù)律師執(zhí)業(yè)權(quán)利快速聯(lián)動(dòng)處置機(jī)制。堅(jiān)持實(shí)事求是、有錯(cuò)必糾，防范和糾正冤假錯(cuò)案。嚴(yán)格控制并慎用死刑，大幅減少適用死刑的罪名。
China strives to ensure that those accused of criminal offences receive a fair trial. China has promoted reform of the criminal litigation system centered on the court trial. It strictly follows the principles of legality, presumption of innocence, and evidence-based verdict, and excludes any evidence obtained by illegal means. It has improved the mechanism for witnesses to appear in court, and ensures that court trial plays the decisive role in the judicial process. China has fully guaranteed the rights of criminal suspects and defendants to defense and to legal aid. Pilot work has been advanced to ensure that a legal defense is provided in all criminal cases. The state protects defense lawyers’ right to meet their clients, to examine the case files, to investigate and obtain evidence, to conduct cross-examination, to debate and defend, and other rights related to court hearings. It has improved the mechanism for lawyers to perform their duties in accordance with the law, and formed a joint quick response system to ensure lawyers’ right to practice. China follows the principle of seeking truth from facts and corrects any mistakes found in judicial proceedings to prevent and address miscarriage of justice. China is very cautious about using the death penalty, and the number of crimes punishable by the death penalty has been reduced significantly.

保障犯罪嫌疑人、被告人、服刑人員、社區(qū)矯正對(duì)象、戒毒人員及刑滿釋放人員的合法權(quán)利。進(jìn)一步完善減刑、假釋、暫予監(jiān)外執(zhí)行制度，持續(xù)構(gòu)建開(kāi)放、動(dòng)態(tài)、透明、便民的監(jiān)獄陽(yáng)光執(zhí)法機(jī)制，持續(xù)提升監(jiān)獄執(zhí)法規(guī)范化水平。制定出臺(tái)社區(qū)矯正法及其實(shí)施辦法，不斷推動(dòng)社區(qū)矯正工作制度化、規(guī)范化、專業(yè)化發(fā)展，依法開(kāi)展監(jiān)督管理和教育幫扶等活動(dòng)，促進(jìn)社區(qū)矯正對(duì)象在開(kāi)放化社會(huì)環(huán)境下順利回歸社會(huì)。出臺(tái)禁毒法、戒毒條例等，依法保障戒毒人員合法權(quán)益，開(kāi)展執(zhí)法監(jiān)督。建立健全社會(huì)組織參與幫教特殊人群的機(jī)制和制度，落實(shí)社會(huì)救助和就業(yè)安置措施，促進(jìn)刑滿釋放人員順利融入社會(huì)。
China ensures the legitimate rights and interests of criminal suspects, defendants, prisoners, minor offenders under community correctional programs, people on drug rehabilitation and people released from jail after serving their sentence. China has put in place sound systems of commutation, parole and temporary execution of sentence outside prison, and continues to improve the mechanisms for promoting open, dynamic, transparent, and convenient law enforcement in prison, and to standardize law enforcement in prison. The government has promulgated the Community Correction Law and measures for its implementation, which has helped to institutionalize and standardize sentences of community services and made the system more professional. It has strengthened supervision, management and education of and assistance to those sentenced to community service, and a less restrictive social environment can help them reintegrate into society more smoothly. The state has promulgated the Narcotics Control Law and the Regulations on Drug Rehabilitation, ensured the legitimate rights and interests of persons in rehabilitation, and carried out law enforcement supervision in this regard. China has improved the institutions and mechanisms for social organizations to help educate the people released from jail after serving their sentence, ensured their access to social assistance, and provided employment assistance to them to facilitate their return to normal life.

建立健全權(quán)利救濟(jì)和司法救助制度。建立完善國(guó)家賠償制度，賠償標(biāo)準(zhǔn)隨經(jīng)濟(jì)社會(huì)發(fā)展不斷提高，侵犯公民人身自由權(quán)每日賠償金額從1995年的17.16元，上升到2021年的373.10元。健全完善國(guó)家司法救助制度，設(shè)立司法救助委員會(huì)，建立健全司法救助與社會(huì)救助、法律援助的銜接機(jī)制，幫助受到侵害但無(wú)法獲得有效賠償?shù)漠?dāng)事人擺脫生活困境。
China has improved the system of remedy for infringement of rights and judicial assistance. It has put in place a state compensation system. Compensation has increased over the years along with the economic and social development of the country. The daily compensation for violation of a citizen’s personal liberty has risen from RMB17.2 in 1995 to RMB373.1 in 2021. China has improved the state judicial assistance system. It has established judicial assistance committees, and improved the institutions for dovetailing judicial assistance with social assistance and legal aid to help victims of a crime who are unable to obtain sufficient compensation to extricate themselves from financial difficulties.

建立和完善公共法律服務(wù)。加快推進(jìn)建設(shè)覆蓋城鄉(xiāng)、便捷高效、均等普惠的現(xiàn)代公共法律服務(wù)體系。建立健全法律援助制度，發(fā)布刑事、民事、行政法律援助服務(wù)規(guī)范，加大法律援助力度。全面推進(jìn)律師事業(yè)發(fā)展，截至2021年4月，全國(guó)律師總?cè)藬?shù)已達(dá)52.9萬(wàn)。
China strives to improve its public legal services. The state has stepped up efforts to develop a modern network covering both urban and rural areas that provides convenient and efficient public legal services to all. A sound legal aid system has been established and specifications for criminal, civil and administrative legal aid services have been issued to provide legal aid to more people. China encourages the development of the legal profession. As of April 2021, there were 529,000 lawyers throughout the country.