双语:《改革开放40年中国人权事业的发展进步》白皮书 PDF下载

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改革开放40年中国人权事业的发展进步
Progress in Human Rights over the 40 Years of Reform and Opening Up in China

中华人民共和国国务院新闻办公室
The State Council Information Office of the People’s Republic of China

2018年12月
December 2018

 

目录
Contents

前言
Foreword

一、牢固树立尊重和保障人权的治国理政原则
I.Firmly Establishing a Governance Principle of Respecting and Protecting Human Rights

二、大幅提升生存权发展权保障水平
II.Better Protecting the Rights to Subsistence and Development

三、有效实现各项人权全面发展
III.Fully Developing Human Rights in All Respects

四、显著改善特定群体权利
IV.Ensuring the Rights of Special Groups

五、全面加强人权法治建设
V.Comprehensively Promoting the Rule of Law for Human Rights

六、努力推动各国人权事业共同发展
VI.Facilitating the Development of Human Rights in the World

七、积极参与全球人权治理
VII.Active Participation in Global Governance of Human Rights

八、成功走出符合国情的人权发展道路
VIII.Path of Human Rights Protection Suited to National Conditions

结束语
Conclusion

 

前言
Foreword

 

2018年,是中国改革开放40周年。改革开放是中国共产党在新的时代条件下带领全国人民进行的新的伟大革命,是决定当代中国命运的关键一招。改革开放极大地解放和发展了社会生产力,成功地开辟了中国特色社会主义道路,也揭开了中国人权事业发展的新篇章。
2018 marks the 40th anniversary of reform and opening up in China. The Communist Party of China (CPC) has led the people in carrying out this great new revolution in the new era-one that holds the key to the destiny of contemporary China. Reform and opening up has helped to liberate and develop social productive forces. It has opened up a path of socialism with Chinese characteristics, and ushered in a new chapter in the development of human rights.

 

40年来,在中国共产党的坚强正确领导下,中国人民团结一心、励精图治、艰苦奋斗、勇往直前,国家面貌发生了翻天覆地的变化,人民生活水平不断提高。中华民族迎来了从站起来、富起来到强起来的伟大飞跃。
Over the four decades, the Chinese people have worked hard as one under the strong and coherent leadership of the CPC. Huge changes have taken place, and living standards have significantly improved. The Chinese nation has risen and become prosperous and strong.

 

40年来,中国共产党始终把人民的利益放在首位,做到改革为了人民,改革依靠人民,改革成果由人民共享,切实维护最广大人民的根本利益,尊重人的价值和尊严,促进人的全面发展。
Over the four decades, the CPC has always prioritized the people’s interests, ensuring that reform is conducted for the people and by the people, and that its benefits are shared by the people. It has worked to safeguard the fundamental interests of the overwhelming majority of the people, respect human values and dignity, and promote the well-rounded development of the people.

 

40年来,中国在改革开放中尊重人权,在改革开放中保障人权,在改革开放中促进人权,成功走出了一条符合国情的人权发展道路,创造了人类文明发展史上人权保障的新经验、新奇迹。
Over the four decades, China has showed respect for, protected and promoted human rights in the course of reform and opening up. It has blazed a trail of development in human rights that conforms to the national conditions, and created new experiences and new progress in safeguarding human rights.

 

40年来,中国总结历史经验,汲取人类文明发展成果,坚持把人权的普遍性原则与本国实际相结合,不断创新人权发展理念,形成了以人民为中心、以生存权发展权为首要的基本人权、以全面加强人权法治建设为路径、以各项人权综合协调发展为目标的人权发展新理念。
Over the four decades, China has summed up its historical experience, drawn on the achievements of human civilization, combined the universal principles of human rights with the prevailing realities of the country, and generated a series of innovative ideas on human rights. It has brought into being basic rights that center on the people and prioritize their rights to subsistence and development, and proposed that China should follow a path of comprehensive and coordinated human rights development under the rule of law.

 

40年来,中国广泛开展人权领域交流合作,认真履行国际人权义务,全面参与国际人权事务,积极促进全球人权治理体系变革,致力于构建人类命运共同体,为推动世界人权事业发展不断作出新贡献。
Over the four decades, China has carried out extensive exchanges and cooperation in the field of human rights, earnestly fulfilled its international human rights obligations, fully participated in international human rights affairs, actively promoted reform of the global human rights governance system, worked hard for the building of a global community of shared future, and made a consistent contribution to the international cause of human rights.

 

一、牢固树立尊重和保障人权的治国理政原则
I. Firmly Establishing a Governance Principle of Respecting and Protecting Human Rights

 

尊重和保障人权,是中国共产党和中国政府的坚定意志和不懈追求。改革开放40年来,“尊重和保障人权”先后载入中国共产党的全国代表大会报告、国家宪法、中国共产党党章以及国家发展战略规划,成为中国共产党和中国政府治国理政的一条重要原则。
It is the determination and ultimate goal of the CPC and the Chinese government to respect and protect human rights. Since the launch of reform and opening up in 1978, “respecting and protecting human rights” has been written into the reports to CPC National Congresses, the Constitution of the People’s Republic of China (PRC), the Constitution of the Communist Party of China, and strategies and plans for national development, becoming an important principle of governance for the CPC and the Chinese government.

 

国家尊重和保障人权成为中国宪法的重要原则。宪法是国家的根本大法,是人权保障的宣言书。中国宪法以其最高的法律地位,有力保障了人民当家作主,推动了中国人权事业发展。1954年,新中国制定了第一部宪法。1982年宪法在“总纲”和“公民的基本权利和义务”中全面系统规定了全体人民享有广泛的人身人格权利,财产权利,政治权利和经济、社会、文化权利。随后国家又根据改革开放的形势和要求对宪法进行了5次修改,人权在宪法中的地位不断加强。2004年,宪法确立了“国家尊重和保障人权”原则,进一步明确了公民在经济、政治、文化、社会诸方面全面发展的权利,开创了以宪法原则指引人权事业发展的新格局。2018年通过的宪法修正案坚持人民主体地位,进一步为新时代坚持和发展中国特色社会主义人权事业、实现“两个一百年”奋斗目标和中华民族伟大复兴的中国梦提供了有力保障。
That the state respects and protects human rights has been established as an important principle of the Constitution of the PRC. The Constitution is the fundamental law of a country, making it a declaration of human rights protection. As the supreme law, the Constitution of China effectively ensures that the people are masters of the country, and has promoted the cause of human rights in China. In 1954, the first Constitution of the PRC was created. The Constitution of 1982 stipulated clearly in the “General Principle” and “The Fundamental Rights and Duties of Citizens” that all people enjoy a wide range of rights, including personal rights, right to dignity, property rights, political rights, and economic, social and cultural rights. Since then the state has revised the Constitution five times in accordance with the developments and requirements of reform and opening up, enhancing the status of human rights. In 2004, the Constitution established the principle that “the state respects and protects human rights”, and further clarified citizens’ rights in the economic, political, cultural and social fields. This launched a new stage where human rights develop under the guidance of constitutional principles. The amendment to the Constitution adopted in 2018 guarantees the principal position of the people, ensuring in the new era the development of socialist human rights with Chinese characteristics, and the realization of the Two Centenary Goals and the Chinese Dream of national rejuvenation.

 

尊重和保障人权成为中国共产党的执政主张。中国共产党根据改革开放实际,先后提出一系列人权主张,与时俱进地不断赋予中国人权发展新的内涵。1997年,中国共产党第十五次全国代表大会明确提出,“共产党执政就是领导和支持人民掌握管理国家的权力,实行民主选举、民主决策、民主管理和民主监督,保证人民依法享有广泛的权利和自由,尊重和保障人权”。2002年,“尊重和保障人权”作为社会主义政治文明建设的重要目标再次写入中共十六大报告。2007年,中共十七大报告在总结过去五年“人权事业健康发展”的同时,进一步指出要“尊重和保障人权,依法保证全体社会成员平等参与、平等发展的权利”。同年,“尊重和保障人权”首次写入《中国共产党章程》。
Respecting and protecting human rights is a pursuit in CPC governance. Based on the realities of reform and opening up, the CPC has proposed a series of ideas on human rights in China, constantly adding new elements to reflect the changes in our time. In 1997, the 15th CPC National Congress clearly stated: “As a ruling party, the Communist Party leads and supports the people in exercising the power of running the state, holding democratic elections, making policy decisions in a democratic manner, instituting democratic management and supervision, ensuring that the people enjoy extensive rights and freedom endowed by law, and respecting and guaranteeing human rights.” In 2002, “human rights are respected and guaranteed” was written into the report to the 16th CPC National Congress as an important goal of socialist political progress. In 2007, when summarizing “sound development of the cause of human rights” over the previous five years, the report to the 17th CPC National Congress further pointed out: “We must respect and safeguard human rights, and ensure the equal right to participation and development for all members of society in accordance with the law. “And in the same year, this principle was written for the first time into the CPC Constitution.

 

2012年,中共十八大将“人权得到切实尊重和保障”作为全面建成小康社会的重要目标,从战略层面确立了人权事业的重要地位。中共十八大修改通过的《中国共产党章程》再次重申尊重和保障人权。2014年,中共十八届四中全会通过《中共中央关于全面推进依法治国若干重大问题的决定》,从推进国家治理体系和治理能力现代化的高度,作出了全面依法治国的重大战略部署,强调“加强人权司法保障”“增强全社会尊重和保障人权意识”。2017年,中共十九大确立习近平新时代中国特色社会主义思想为党的指导思想,明确提出“加强人权法治保障,保证人民依法享有广泛权利和自由”。习近平新时代中国特色社会主义思想蕴含着丰富的人权内涵,对新时代中国人权事业发展提出了新的更高要求,为坚持中国特色人权发展道路、全面推进中国人权事业提供了根本遵循。
In 2012, the principle that “human rights should be fully respected and protected” was defined by the 18th CPC National Congress as an important goal in building a moderately prosperous society in all respects, establishing the importance of human rights from a strategic perspective. The CPC Constitution amended and adopted at this congress reaffirms the principle of respecting and protecting human rights. In 2014, the Fourth Plenary Session of the 18th CPC Central Committee adopted the “Resolution of the Central Committee of the Communist Party of China on Major Issues Concerning Comprehensively Advancing the Rule of Law”, making a major strategic plan to comprehensively advance the rule of law as part of its effort to modernize the state governance system and enhance its administrative capacity. The resolution emphasizes the need to “provide stronger judicial protection of human rights” and to “strengthen awareness throughout the whole of society about the need to respect and safeguard human rights”. In 2017, the CPC 19th National Congress established Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guiding ideology of the CPC, and clearly stated that we should “strengthen legal protection for human rights to ensure that the people enjoy extensive rights and freedoms as prescribed by law”. Xi Jinping Thought raises new and higher development requirements for China’s human rights in the new era, and provides fundamental principles for us to follow the path and advance the cause of human rights with Chinese characteristics.

 

尊重和保障人权成为国家发展的核心目标。中国的国家发展战略坚持以尊重和保障人权为价值取向,以增进人民福祉、保障人民权利、促进人的全面发展为出发点和落脚点。按照建设中国特色社会主义的要求,自改革开放初期提出现代化建设“三步走”发展战略以来,中国共产党和中国政府始终把提高人民生活水平、保障人民各项基本权利的实现作为执政目标。中共十八大以来,以习近平同志为核心的党中央,明确将“人民对美好生活的向往”作为执政目标,进一步提出了实现“两个一百年”的奋斗目标。2017年,中共十九大提出到2020年全面建成小康社会,并在此基础上确定分两步走在本世纪中叶建成社会主义现代化强国的战略安排。
It has become a core goal of national development to respect and protect human rights. In its national development strategies, the Chinese government upholds the values of respecting and safeguarding human rights, and is committed to improving the people’s wellbeing, safeguarding their rights, and promoting their well-rounded development. To meet the requirements of building socialism with Chinese characteristics since the three-step development strategy for achieving modernization was laid out in the early days of reform and opening up, the CPC and the Chinese government have always pursued the goals of improving people’s living standards and ensuring that they enjoy various basic rights. Since the 18th CPC National Congress, the Central Committee led by General Secretary Xi Jinping has made it clear that, in governing the country, it will follow the goal of meeting the people’s aspiration to live a better life and subsequently set the Two Centenary Goals. In 2017, the 19th CPC National Congress proposed that on the basis of completing the building of a moderately prosperous society in all respects by 2020, a two-step approach should be taken to build China into a strong and modern socialist country by the middle of the century.

 

按照建设社会主义现代化国家的要求和发展战略,中国政府制定国家发展规划,保障人民各项权利的实现。从1953年到2001年,每5年制定一个国家发展计划,对国家经济、文化、社会等各方面发展作出安排。自2006年起,改计划为规划,实现了从具体、微观、指标性的发展计划向宏观的国民经济和社会发展规划的转变。目前,中国已经连续制定了十三个国民经济和社会发展计划或规划,涵盖脱贫攻坚、教育、健康、就业、社会保障、民主法治建设、反腐败斗争等,涉及经济、社会、文化权利和公民及政治权利的诸多内容,为推动人权发展确定了指导思想、目标方向、基本要求和实施举措。
In accordance with the requirements and strategies for building a modern socialist country, the Chinese government has made a national plan every five years from 1953 to 2001 for the development of the economy, culture, society, and other sectors. In 2006, the detailed, micro plan with growth targets was transformed into a macro program for national economic and social development. China has formulated 13 such programs for national economic and social development, covering poverty elimination, education, healthcare, employment, social security, democracy and the rule of law, and the anti-corruption campaign and involving economic, social, cultural, civil and political rights. These plans set out the guiding principles, goals, basic requirements and implementation measures for the development of human rights.

 

中国积极响应联合国《维也纳宣言和行动纲领》,先后制定并实施《国家人权行动计划(2009-2010年)》《国家人权行动计划(2012-2015年)》《国家人权行动计划(2016-2020年)》,确定尊重和保障人权的阶段性目标和任务。目前已圆满完成第一、二期国家人权行动计划预定的各项指标,正在扎实推进第三期国家人权行动计划的落实。国家还制定了经济、文化、社会和环境等方面的专项行动计划,以及保障少数民族、妇女、儿童、老年人、残疾人等特定群体权利的专项规划,努力促进全体人民共同享有人生出彩的机会,共同享有梦想成真的机会,共同享有充分人权。
In response to the UN Vienna Declaration and Programme of Action, the Chinese government has made and carried out the National Human Rights Action Plan (2009-2010), National Human Rights Action Plan (2012-2015), and National Human Rights Action Plan (2016-2020), setting phased goals and tasks for respecting and safeguarding human rights. It has fulfilled the targets set in the first two action plans, and is working on the third. The Chinese government has also formulated special action plans relating to the economy, culture, society, the environment and other fields, as well as special plans to protect the rights of specific groups such as ethnic minorities, women, children, the elderly, and people with disabilities. In so doing, the government is determined to ensure equal opportunities for all people to live a rewarding life, realize their dreams, and enjoy full access to human rights.

二、大幅提升生存权发展权保障水平
II. Better Protecting the Rights to Subsistence and Development

 

改革开放40年来,中国坚持以生存权和发展权作为首要的基本人权,把发展作为执政兴国的第一要务和解决中国所有问题的关键,以保障和改善民生为重点,努力通过解决最紧迫和最突出的问题增进人民福祉。人民生活总体上实现了从贫困到温饱、从温饱到小康的历史性飞跃。
Over the past 40 years, China has worked to better protect basic human rights, with its primary focus on the rights to subsistence and development. Development is China’s top priority in governance and considered to be the key to addressing the country’s main problems. China has focused on ensuring and improving people’s wellbeing by resolving their most serious and urgent problems, realizing historic leaps from poverty to securing access to food and clothing, and thence to moderate prosperity.

 

减贫取得历史性成就。消除贫困是中国人权保障的重中之重。改革开放是中国消除贫困的强大驱动力。40年来,中国政府持续开展以农村扶贫开发为中心的减贫行动,在全国范围内开展有组织有计划的大规模开发式扶贫,先后实施《国家八七扶贫攻坚计划(1994-2000年)》《中国农村扶贫开发纲要(2001-2010年)》《中国农村扶贫开发纲要(2011-2020年)》等中长期扶贫规划。中共十八大以来,中共中央把贫困人口脱贫作为全面建成小康社会的底线任务和标志性指标,作出一系列重大部署,以前所未有的力度推进,中国扶贫开发进入脱贫攻坚新阶段。中共中央、国务院发布关于打赢脱贫攻坚战的决定,明确脱贫攻坚的目标标准,确立精准扶贫精准脱贫的基本方略,建立中国特色的脱贫攻坚制度体系,全面推进精准扶贫重点工作。中共十九大提出坚决打赢脱贫攻坚战的战略目标,中共中央、国务院印发关于打赢脱贫攻坚战三年行动的指导意见,把精准脱贫作为决胜全面建成小康社会必须打好的三大攻坚战之一,并庄严承诺确保到2020年中国现行标准下农村贫困人口实现脱贫、让贫困人口和贫困地区同全国一道进入全面小康社会。
Tremendous achievements in poverty reduction. Poverty elimination is the top priority in China’s effort to protect human rights. Reform and opening up has been a great driving force for poverty elimination in China. Over the past four decades, the Chinese government has made continuous endeavors in poverty reduction, concentrating on development-oriented poverty alleviation in rural areas. The government has carried out large-scale development-oriented poverty-alleviation campaigns across the country in a planned and organized way, and implemented a number of medium-and long-term programs, including the Seven-Year Program for Lifting 80 Million People Out of Poverty (1994-2000), the Outline for Development-Oriented Poverty Alleviation for China’s Rural Areas (2001-2010), and the Outline for Development-Oriented Poverty Alleviation for China’s Rural Areas (2011-2020). Since the 18th CPC National Congress, the CPC Central Committee has gone all out to win the battle against poverty, taken poverty elimination as the primary task, made it a defining indicator in building a moderately prosperous society in all respects, and made unprecedented efforts to implement major plans for development-oriented poverty alleviation. The CPC Central Committee and the State Council have issued the Decision on Winning the Battle Against Poverty, which lays out the goals and criteria for poverty elimination, establishes the basic strategy of targeted poverty alleviation and elimination, creates a poverty elimination system with Chinese characteristics, and defines comprehensive efforts to advance key plans for targeted poverty alleviation. In the light of the strategic goal of poverty elimination set out by the 19th CPC National Congress, the central authorities issued a Three-Year Guideline on Winning the Battle Against Poverty. The 19th CPC National Congress defined targeted poverty elimination as one of the three crucial battles in building a moderately prosperous society in all respects, and pledged to help all the rural population living below the current poverty line shake off poverty by the year 2020 and ensure that poor people and poor areas will join the moderately prosperous society together with the rest of the country.

 

经过多年不懈奋斗,中国农村贫困人口显著减少,贫困发生率持续下降,解决区域性整体贫困迈出坚实步伐,贫困地区农民生产生活条件显著改善,贫困群众获得感显著增强,脱贫攻坚取得决定性进展。据世界银行测算,按照人均每天支出1.9美元的国际贫困标准,过去40年中国共减少贫困人口8.5亿多人,对全球减贫贡献率超过70%。按中国现行贫困标准,1978年至2017年,中国农村贫困人口由7.7亿人减少到3046万人,贫困发生率由97.5%下降到3.1%。2012年至2017年,中国每年有1000多万人稳定脱贫。中国是世界上减贫人口最多的国家,也是率先完成联合国千年发展目标减贫目标的发展中国家。中国的减贫成就是中国人权事业发展的最显著标志。
Through decades of efforts, the number of rural poor has markedly dropped and the poverty headcount ratio has seen a continuous decrease. Solid steps have been taken to eliminate regional poverty, and the working conditions and living standards of the rural poor have notably improved, which created a stronger sense of gain for the people, indicating decisive progress has been made in the fight against poverty. According to World Bank estimates, over the past 40 years, the number of people in China living on less than US$1.9 a day (international poverty line) has dropped by more than 850 million-this represents 70 percent of the total world figure. The number of rural poor fell from 770 million in 1978 to 30.46 million in 2017 when calculated in accordance with China’s current poverty line, with the incidence of poverty dropping from 97.5 percent to 3.1 percent. More than 10 million people rose and remained above the poverty level every year from 2012 to 2017. With the highest number of people moving out of poverty, China was the first developing country to realize the UN Millennium Development Goal for poverty reduction. Poverty reduction is the most telling evidence of China’s progress in human rights.

 

温饱问题得到切实解决。改革开放初期,解决近10亿人口温饱问题是中国面临的头等大事。中国改革农村土地制度,实行家庭联产承包责任制,极大激发了农民生产积极性,农业综合生产能力实现质的飞跃。2017年,中国粮食总产量达66161万吨,比1978年翻一番。近年来,中国谷物、肉类、花生、茶叶产量稳居世界第一位,油菜籽产量稳居世界第二位,甘蔗产量稳居世界第三位。中国以不足世界10%的耕地,养活了接近世界20%的人口,从根本上消除了饥饿,持续提升了人民的营养水平,实现了人民的基本生存权。
Adequate food and clothing ensured. In the early days of reform and opening up, providing enough food and clothing for nearly one billion people was the top issue facing China. Reform of the rural land system and the implementation of the household responsibility system greatly stimulated farmers’ enthusiasm and boosted agricultural production capacity. China’s food grain output reached 661.61million tons in 2017, double the figure of 1978. In recent years China has become the world’s largest producer of grain, meat, peanuts and tea, the second-largest producer of rapeseed, and the third-largest producer of sugarcane. China feeds approximately 20 percent of the world’s population using less than 10 percent of the arable land, guaranteeing the basic right to subsistence by eradicating hunger and improving nutrition.

 

饮水安全得到有效保障。实施全国重要饮用水水源地达标建设工程。2016年将600余个供水人口20万以上地表水饮用水水源地及年供水量2000万立方米以上地下水饮用水水源地全部纳入《全国重要饮用水水源地名录》管理,每年开展安全状况评估。2017年评估结果显示,99.5%的水源地供水保证率合格,90.9%的水源地水质合格。实施农村饮水安全工程建设。2005年至2015年,全国累计解决5.2亿农村居民和4700多万农村学校师生的饮水安全问题。2016年以来,实施农村饮水安全巩固提升工程,截至2017年,巩固提升受益人口9509万人,其中,1169万贫困人口的饮水安全问题得到解决,全国农村集中供水率和农村自来水普及率分别达到85%和80%。
Safer drinking water. National standards for major drinking water sources have been implemented. In 2016 more than 600 surface water sources each supplying drinking water for 200,000 people or more, and all ground water sources each supplying 20 million or more cubic meters of drinking water annually were incorporated into the Catalogue of China’s Major Drinking Water Sources, subject to annual quality assessment. The 2017 assessment results show that 99.5 percent of the drinking water sources met the water supply reliability standard, and 90.9 percent met the water quality standard. A program was launched in 2005 to ensure drinking water safety in rural areas. By the end of 2015 a total of 520 million rural residents and 47 million teachers and students in rural areas had gained access to safe drinking water. Since 2016 the program has been upgraded to reinforce rural drinking water safety. By the end of 2017 the upgrade had benefitted 95.09 million rural residents, among whom 11.69 million were people living below the poverty line. Centralized water supply now covers 85 percent of the rural population and 80 percent of rural people have access to tap water.

 

基本居住条件明显改善。改革开放40年来,人民居住条件显著改善。2017年,城镇居民、农村居民人均住房建筑面积分别为36.9、46.7平方米,比1978年分别增加30.2、38.6平方米。国家高度重视解决困难家庭的住房问题。2008年至2017年,全国城镇保障性安居工程累计开工建设约6400万套,通过棚户区改造帮助约1亿人“出棚进楼”;2017年底,3500多万困难群众住进公租房,累计2000多万困难群众领取公租房租赁补贴。中共十八大以来,加大对农村危房改造的支持力度,累计安排1625亿元补助资金、支持1659万贫困农户改造危房,帮助数千万贫困农民告别原来的破旧泥草房、土坯房、树皮房等危房,住上基本安全房。
Improved housing conditions. The past 40 years have witnessed a remarkable improvement in housing conditions. In 2017 the per capita floor space of urban residents was 36.9 sq m, up from 6.7 sq m in 1978, and that of rural residents was 46.7 sq m, up from 8.1 sq m in 1978. The state has made it a priority to resolve housing problems for poor families. From 2008 to 2017 government subsidies were used to build 64 million housing units in urban areas, and redevelopment of run-down areas helped 100 million people move from sub-standard accommodation to new apartments. By the end of 2017 more than 35 million people in straitened circumstances had moved into public rental housing units, and more than 20 million poor people had received public rental subsidies. Since the 18th CPC National Congress the state has increased funding for dilapidated rural housing renovation, allocating RMB162.5 billion in subsidies for renovating the sub-standard housing of 16.59 million rural households, and helping tens of millions of rural households move into proper accommodation from dilapidated houses built of such materials as beaten earth, and timber and bark.

 

人民出行更加便利安全。40年来,中国交通网络日益完善,有力支撑了经济社会发展,保障人民出行便利安全。截至2017年,全国铁路营业里程达12.7万公里,比1978年增长1.5倍,其中高速铁路达2.5万公里,占世界高铁总量60%以上,高速铁路与其他铁路共同构成的快速客运网基本覆盖全国省会;全国公路总里程达477万公里,比1978年增长4.4倍,其中高速公路通车里程达13.6万公里,公路网密度为49.72公里/百平方公里,是改革开放初期的5.4倍,实现“县县通公路”;全国乡镇和建制村通公路率分别达99.99%和99.98%,农村出行条件持续改善。2001年以来,实施危桥改造、公路安全生命防护和干线公路灾害防治三项工程,共改造乡道及以上公路危桥3.9万座,完成66万公里高风险段整治,改造地质灾害易发路段3.1万公里,使出行安全更有保障。完成8440个空白乡镇邮政局所补建,全国总体实现“乡乡设所,村村通邮”。快递乡镇网点覆盖率超过87%,搭建了“工业品下乡、农特产品进城”的双向大通道。
More convenient and safer public transport. Over the past 40 years China’s steadily-improving public transport network has provided stronger support for the country’s economic and social development, and greater convenience and safety to the public. By the end of 2017 China’s rail network had grown to 127,000 kilometers, up by 150 percent from 1978, and high-speed rail had reached 25,000 kilometers, accounting for more than 60 percent of the world’s total. The high-speed and other railway lines form an extensive passenger transport network covering all provincial capitals in the country. By the end of 2017 China’s road network had increased to 4.77 million kilometers, up by 440 percent from 1978, including 136,000 kilometers of expressways. Road density had grown more than fivefold from the beginning of reform and opening up to 49.72 km/100 sq km. Every county in China now has access to roads. Rural transport has seen continuous improvement, with roads connecting 99.99 percent of towns and townships and 99.98 percent of administrative villages. Since 2001 programs have been carried out to renovate dangerous bridges, and reinforce road safety, the protection of the public, and road disaster prevention. Through these programs, 39,000 bridges on roads at township level and above, 660,000 kilometers of high-risk roads, and 31,000 kilometers of disaster-prone roads have been renovated to better safeguard public transport safety.A total of 8,440 new post offices have been built in towns and townships, with the result that every township-level unit has a post office and every village has access to postal services. Express delivery outlets cover 87 percent of towns and townships, establishing a two-way channel that facilitates the transport of manufactured products to rural areas and agricultural products to the cities.

 

生命健康权保障水平大幅提升。改革开放特别是中共十八大以来,健康中国建设加快推进,为人民提供全生命周期的卫生与健康服务。中国人均预期寿命从1981年的67.8岁提高到2017年的76.7岁,高于72岁的世界平均预期寿命。孕产妇死亡率从1989年的十万分之94.7下降到2017年的十万分之19.6,婴儿死亡率从1991年的50.2‰下降到2017年的6.8‰,提前达到联合国千年发展目标所确定的指标要求。覆盖城乡的基层医疗卫生服务体系基本建成。2017年全国共有医疗卫生机构98.7万个,比1978年增长4.8倍;卫生技术人员898万人,比1978年增长2.6倍。国家基本公共卫生服务项目持续推进,适龄儿童国家免疫规划疫苗接种率达90%以上,5岁以下儿童乙肝病毒表面抗原携带率降至1%。建成全球最大的法定传染病疫情和突发公共卫生事件网络直报系统,平均报告时间缩短到4小时。全民健身运动蓬勃发展,全国体育场地总数超过170万个,人均体育场地面积超过1.6平方米。
Better protection of the rights to life and health. Since reform and opening up, and especially since the 18th CPC National Congress, the country has increased public access to health services throughout the life cycle, to quicken its pace toward a healthy China. Life expectancy in China rose from 67.8 in 1981 to 76.7 in 2017, higher than the world average of 72. The maternal mortality rate decreased from 94.7 per 100,000 in 1989 to 19.6 per 100,000 in 2017, and the infant mortality rate dropped from 50.2 per 1,000 in 1991 to 6.8 per 1,000 in 2017, both meeting the UN Millennium Development Goals ahead of schedule. A community-level health service system covering urban and rural areas is in place. The number of health service institutions increased to 987,000 in 2017, up by 480 percent from 1978, with the number of health professionals growing by 260 percent to 8.98 million in 2017. Basic public health services have improved, with national vaccination coverage among children topping 90 percent, and the prevalence of HBsAg in children under five decreasing to 1 percent. China has set up the world’s largest online direct reporting system of notifiable epidemics and public health emergencies, and the average reporting time has been shortened to four hours. The national fitness program has thrived, with more than 1.7 million sports venues across the country.

 

社会救助力度不断加大。经过多年发展,中国的社会救助形成了以最低生活保障、特困人员救助供养、灾害救助、医疗救助、住房救助、教育救助、就业救助以及临时救助为主体,以社会力量参与为补充的制度体系。在全国范围内建立最低生活保障制度,颁布《城市居民最低生活保障条例》《社会救助暂行办法》等。国务院出台关于进一步健全特困人员救助供养制度的意见,将城市“三无”人员救助和农村“五保”供养统一为特困人员救助供养,保障城乡特困人员基本生活。截至2017年,全国共有37494个乡镇(街道)设立经办社会救助事务的机构,从事社会救助的专(兼)职工作人员为104673名,平均每个乡镇(街道)2.6人。截至2018年9月,全国共有城乡低保对象4619.9万人,其中,城市低保对象1068.8万人,平均城市低保标准为每人每月575元,农村低保对象3551.1万人,平均农村低保标准为每人每年4754元,所有县(市、区)的农村低保标准全部达到或超过国家扶贫标准。2017年,全国共实施医疗救助9138.1万人次,其中,直接救助3517.1万人次,资助困难群众参加基本医疗保险5621万人。2018年1月至9月,全国共实施临时救助565.8万人次,平均救助水平1069.4元/人次。
Expanded social assistance. Through years of effort, China has formed a social assistance system with subsistence allowances, assistance and support for people in extreme difficulty, disaster relief, medical assistance, housing assistance, education assistance, employment assistance, and temporary assistance as the main forms, supplemented by public participation. A subsistence security system has been set up nationwide. Regulations on Subsistence Security for Urban Residents and Interim Measures for Social Assistance have been enacted. Decisions on Improving the Assistance and Support System for People in Extreme Difficulty provide assistance to two groups of people-urban residents without income, the ability to work, or support by family, and rural people eligible for the “Five Guarantees”: those who are unable to work and have no source of income, including the elderly, the disabled and minors who have no legal guardians to support them. By the end of 2017, 37,494 towns, townships and neighborhoods had set up social assistance agencies, staffed by 104,673 full-time and part-time personnel-an average of 2.6 per unit. As of September 2018 there were 46,199,000 people living on subsistence allowances, consisting of 10,688,000 urban residents receiving an average of RMB575 per month, and 35,511,000 rural residents receiving an average of RMB4,754 per annum. All rural subsistence allowance standards at the county level meet or exceed the national poverty line. In 2017 medical assistance was granted to 91,381,000 applications, in the form of direct payment for medical service for 35,171,000 people, and as subsidies for 56,210,000 poor people when joining the basic medical insurance. Between January and September 2018 temporary assistance was given to 5,658,000 applications, averaging RMB1,069.4 per application.

 

环境权利保障日益加强。改革开放40年来,中国将生态文明建设纳入国家发展总体战略,对生态环境的治理力度不断加大,生态环境状况总体持续好转,人民群众的环保权益得到有效维护。1979年,通过第一部环境保护法。1982年,首次将环境保护作为独立篇章纳入国民经济和社会发展计划。1983年,将保护环境确定为基本国策。1994年,通过《中国21世纪议程》,成为世界上第一个制定实施本国可持续发展战略的国家。中国坚持绿色发展理念,以前所未有的力度治理环境污染,推进生态文明建设,美丽中国建设迈出重要步伐。中共十九大明确提出打好污染防治攻坚战的重大战略部署,全国生态环境保护大会正式确立习近平生态文明思想,中共中央、国务院印发关于全面加强生态环境保护坚决打好污染防治攻坚战的意见,明确了打好污染防治攻坚战的时间表、路线图、任务书。2017年,煤炭在中国能源消费中的比重为60.4%,比1978年下降10.3个百分点;天然气、水、核、风、电等清洁能源消费比重从1978年的6.6%提升至2017年的20.8%。2017年,全国338个地级及以上城市可吸入颗粒物(PM10)平均浓度比2013年下降22.7%,74个重点城市细颗粒物(PM2.5)平均浓度比2013年下降34.7%。2017年,全国完成造林面积736万公顷,森林覆盖率达21.66%;建成2750处自然保护区,总面积147万平方公里,约占陆地国土面积的14.86%。中国积极参与全球环境治理,已批准加入30多项与生态环境有关的多边公约或议定书,率先发布《中国落实2030年可持续发展议程国别方案》,向联合国交存气候变化《巴黎协定》批准文书,成为全球生态文明建设的重要参与者、贡献者、引领者。
Stronger protection of environmental rights. Over the past four decades China has incorporated ecological progress into the national development strategy and intensified its efforts in environmental governance, creating a better environment and effectively safeguarding people’s environmental rights. China’s first Environmental Protection Law was adopted in 1979. Environmental protection was first included as a salient part of the plan for national economic and social development in 1982, and was designated as a basic state policy in 1983. China’s Agenda 21 passed in 1994 made China the first country in the world to formulate and implement a strategy of sustainable development. Committed to green development, China puts an enormous effort into pollution control and takes concrete steps to promote ecological progress toward a beautiful China. The 19th CPC National Congress sounded a clarion call to win the battle against pollution. The National Conference on Environmental Protection established Xi Jinping Thought on ecological progress. The CPC Central Committee and the State Council issued the Decisions on Comprehensively Strengthening Environmental Protection and Resolutely Winning the Battle Against Pollution, setting out the timetable, road map and agenda for pollution prevention and control. In 2017 coal accounted for 60.4 percent of China’s total energy consumption, down by 10.3 percentage points from 1978. The proportion of clean energy sources, including natural gas, water, nuclear, wind and electricity, has increased from 6.6 percent in 1978 to 20.8 percent in 2017. Between 2013 and 2017, the average PM10 intensity in 338 cities at and above the prefecture level nationwide fell by 22.7 percent, and the average PM2.5 intensity in 74 major cities fell by 34.7 percent. In 2017, trees were planted on 7.36 million hectares across the country and forest coverage was 21.66 percent; the number of nature reserves totaled 2,750, covering 1.47 million sq km or 14.86 percent of China’s land territory. China has played an active role in global environmental governance, and ratified more than 30 multilateral conventions and protocols related to environmental protection. China was the first country to release a national plan on implementing the 2030 Agenda for Sustainable Development and to deposit its instrument of ratification for the Paris Agreement, becoming an important participant, contributor and leader in promoting global ecological progress.

三、有效实现各项人权全面发展
III. Fully Developing Human Rights in All Respects

 

改革开放40年来,中国坚持将促进人的全面发展作为人权事业发展的出发点和落脚点,协调推进各项人权全面实现,经济、社会和文化权利保障水平持续提升,公民权利和政治权利保障机制不断加强。
Over the past four decades since the launch of reform and opening up, China has taken all-round development of the human being as the intent and goal of human rights. It has made comprehensive progress in all human rights, ensured economic, social and cultural rights, and enhanced the mechanisms guaranteeing civil and political rights.

 

人民生活水平显著提升。1978年至2017年,中国国内生产总值从3679亿元增至827122亿元;人均国内生产总值从385元增至59660元,扣除价格因素,比1978年增长22.8倍,年均实际增长8.5%。中国人均国民总收入由1978年的200美元提高到2017年的8690美元,超过中等偏上收入国家平均水平。中国城镇和农村居民人均可支配收入分别由1978年的343元、134元增长至2017年的36396元和13432元。2017年,全国居民人均消费支出18322元,扣除价格因素,比1978年实际增长18倍,年均增长7.8%。消费层次由温饱型向全面小康型转变。1978年,城镇和农村居民家庭恩格尔系数分别为57.5%和67.7%,2017年分别下降至28.6%和31.2%。中国的人类发展指数大幅提高,从1980年的0.423提高到2017年的0.752,逐步从低人类发展水平国家跃升至高人类发展水平国家。在1990年处于低人类发展水平组别的47个国家中,中国是目前唯一跻身高人类发展水平组的国家。
Significant improvement in people’s lives. Between 1978 and 2017, China’s GDP increased from RMB367.9 billion to RMB82.7 trillion and per capita GDP from RMB385 to RMB59,660, a 22.8-fold increase, or a real growth of 8.5 percent per year adjusted for inflation. Per capita gross national income rose from US$200 in 1978 to US$8,690 in 2017, above the average level of upper middle-income countries. The per capita disposable income of urban and rural residents grew from RMB343 and RMB134 in 1978 to RMB36,396 and RMB13,432 respectively in 2017. In 2017, national per capita consumer spending was RMB18,322, an 18-fold increase over 1978 or a real growth of 7.8 percent per year adjusted for inflation. The country is moving from a society based on subsistence to one based on plenty. The Engel coefficient of urban and rural households in 1978 was 57.5 percent and 67.7 percent, which fell to 28.6 percent and 31.2 percent respectively in 2017. China’s human development index (HDI) value has risen significantly from 0.423 in 1980 to 0.752 in 2017, gradually moving into ranks of countries with higher HDI. Among the 47 bottom-ranked countries measured in 1990, China is the only one to have risen into the ranks of the “high human development” countries.

 

人身人格权保障不断加强。宪法确认了公民人格权。中共十九大再次强调保护人民人身权、财产权、人格权,彰显了保护人格尊严、促进人的全面发展的人文关怀。民法通则和侵权责任法进一步建立了人格权保护体系。民法总则专设“民事权利”一章,其中对人格权作了专门规定。2018年8月,提请审议的民法典各分编草案中,设立了独立的人格权编。废止收容遣送制度和劳动教养制度。大力推进户籍制度改革。2014年,国务院印发关于进一步推进户籍制度改革的意见,进一步放宽了户口迁徙政策限制,促进有能力在城镇稳定就业的常住人口有序实现市民化。2017年,全国户籍人口城镇化率达到42.35%,比2012年提高7个百分点。中共十八大以来,共为1400余万无户口人员办理了落户,全国无户口人员登记户口问题已经基本解决。严格依法保障住宅不受侵犯、通信自由和信息安全。2017年,公安机关开展专项行动,集中办理了一批涉嫌侵犯公民个人信息的案事件,泄露公民个人信息案事件得到有效遏制。
Increased protection of personal rights and right to dignity. The Constitution confirms citizens’ right to dignity. The 19th CPC National Congress again emphasized the protection of personal rights, property rights and right to dignity, demonstrating the humane view of protecting dignity and promoting the all-round development of the human being. General Principles of the Civil Law and Tort Liability Law further establish the system of protection for right to dignity. “Civil rights” as one chapter is included in General Provisions of the Civil Law to elaborate right to dignity. In August 2018, right to dignity as an individual book was contained in the draft Civil Code. China has abolished the detention and repatriation system and the reeducation through labor system. It is now accelerating the reform of the household registration system. In 2014, Decisions on Furthering the Household Registration Reform released by the State Council relaxed the restriction on the transfer of household registration (hukou), enabling eligible regular residents with stable employment in urban areas to localize their residency. In 2017, the urbanization rate of registered population stood at 42.35 percent, up 7 percentage points over 2012. Since the 18th CPC National Congress, more than 14 million people without hukou have completed household registration, basically bringing the entire population into the hukou system. Inviolability of residence, freedom of correspondence and information security are fully protected by law. In 2017, the public security agencies launched special programs to handle cases involving invasion of personal information to effectively curb personal information leakage.

 

财产权受到法律保护。中国宪法规定,公民的合法的私有财产不受侵犯,国家依照法律规定保护公民的私有财产权和继承权;国家保护个体经济、私营经济等非公有制经济的合法的权利和利益。物权法规定,国家、集体、私人的物权和其他权利人的物权受法律保护,任何单位和个人不得侵犯。改革开放以来实施的家庭联产承包责任制是现行中国农村土地制度的基石,农民依法享有土地承包经营权。2014年以来,中国扎实推进农村土地承包经营权确权登记颁证工作,截至2018年6月,31个省(区、市)均开展了承包地确权工作,承包地确权面积达13.91亿亩,建立完善土地承包合同1.89亿份,颁发土地承包经营权证书1.35亿份。中共十九大明确提出,保持土地承包关系稳定并长久不变,第二轮土地承包到期后再延长三十年。
Legal protection of property. The Constitution stipulates that the private property of citizens is inviolable. The state protects citizens’ property rights and right of inheritance by law, as well as the legitimate rights and interests of non-public commercial sectors such as the individual economy and private enterprise. The Property Law specifies that the property rights of the state, collectives, individuals and other legal persons are under the protection of law and shall not be infringed by any unit or individual. The household contract responsibility system that entitles farmers to manage contracted public-owned land, implemented following reform and opening up, is the cornerstone of China’s current rural land system. Since 2014, China has made solid efforts to confirm and register the management rights of contracted land, and to issue titles to land in rural areas. By June 2018, 31 provinces (autonomous regions and municipalities directly under the central government) had finished this work, with the total area of contracted land reaching 1.39 billion mu. A total of 189 million land contracts had been signed and improved, and 135 million titles had been issued. The 19th CPC National Congress stated that the land contract relationship should sustain for the foreseeable future, and should be extended for a further 30 years after the second round of contracts expires.

 

工作权得到有效保障。中国把促进就业放在经济社会发展的优先位置,坚持就业优先战略和更加积极的就业政策,努力实现更高质量和更充分就业。伴随着经济体制改革,劳动就业制度改革不断深化,逐步形成了适应社会主义市场经济要求的就业体制机制。1978年至2017年,中国就业人员从40152万人增至77640万人,年均增长961万人,超过总人口增速。城镇新增就业自2003年建立统计制度以来,年均实现新增就业人数1178万人,城镇登记失业率长期处于低位,城镇调查失业率低于世界平均水平。城镇单位在岗职工年平均工资从1978年的615元增长到2017年的76121元,扣除物价因素,年均增长7.7%。劳动者劳动报酬权、休息休假权、职业安全卫生保护权、女性劳动者特殊劳动保护权、参与企业民主管理等各项权利得到依法保障。全面实施劳动合同制度,稳妥推行集体协商和集体合同制度,建设国家协调劳动关系三方机制,建立健全劳动保障监察制度和劳动人事争议处理制度,切实维护劳动者合法权益。2017年,企业职工劳动合同签订率达到90%。加快构建安全生产预防控制体系,有力保障劳动者工作生产安全。
Effective protection of the right to work. China highlights employment in its economic and social development, advocating a jobs-first strategy and a more proactive employment policy to promote higher-quality jobs and maximum employment. As the economic structure is upgraded, reform of the employment system deepens, gradually putting in place an employment mechanism adapted to the socialist market economy. From 1978 to 2017, China’s employed population increased from 401.52 million to 776.4 million. The average annual growth of 9.61 million is faster than total population growth. Since 2003, when a complete statistical system was put in place, the annual increase of new jobs in urban areas has been 11.78 million, and the registered urban unemployment rate has been low over many years, with the surveyed unemployment rate lower than the world average. The average yearly income of urban employees rose from RMB615 in 1978 to RMB76,121 in 2017, an annual increase of 7.7 percent in real terms. The right of remuneration for labor, right to rest and leisure, right to occupational safety and health, special right of women workers and the right to participate in the democratic management of businesses are protected by law. The labor contract mechanism, the collective contract mechanism, and collective consultation are all being implemented. A government-trade union-enterprise tripartite coordination mechanism, a labor security supervision mechanism, and a labor dispute settlement mechanism have all been set up to protect the legitimate rights and interests of workers. In 2017, 90 percent of enterprise employees had signed labor contracts. A workplace safety and accident prevention and control system to protect laborers is being implemented and constantly improved.

 

社会保障权享有日益充分。中国建成了世界上规模最大、覆盖人口最多的社会保障体系,拉动世界社保覆盖率提高11个百分点。截至2018年6月,基本养老保险、失业保险、工伤保险参保人数分别达到9.25亿、1.91亿、2.3亿,包括城镇职工基本医疗保险、新型农村合作医疗保险和城镇居民基本医疗保险在内的基本医疗保险覆盖人口超过13亿;社会保障卡持卡人数达11.5亿人,覆盖全国82.81%人口。中国根据经济社会发展水平等因素,稳步提高各项社会保障水平。自2005年起,连续14年提高企业退休人员基本养老金水平。城乡居民基本医保人均财政补助标准由2012年的240元提高到2018年的490元。借助互联网、大数据等信息技术,不断提高社会保障领域公共服务能力。2016年,国家异地就医结算系统正式上线,实现跨省异地就医持社会保障卡即时结算。
Extended protection of the right to social security. China has built the largest-scale social security system covering the largest population of the world, raising the world social security coverage rate by 11 percentage points. By June 2018, 925 million people had been covered by basic endowment insurance, 191 million by unemployment insurance, and 230 million by work-related injury insurance. The basic medical insurance system providing basic medical insurance for urban workers, basic medical insurance for urban residents, and new-type rural cooperative medical insurance for rural population covers more than 1.3 billion people. A total of 1.15 billion people hold social security cards, representing 82.81 percent of the population. China is comprehensively improving its social security system based on its economic and social development. It has raised the basic pension of company retirees every year since 2005. Per capita government subsidies for basic medical insurance for urban and rural residents rose from RMB240 in 2012 to RMB490 in 2018. China is improving its capability in offering social security services via information technology such as internet and big data. In 2016, a system was officially launched to provide for real-time settlement of medical expenses for treatment incurred outside the province where the patient resides through the social security card.

 

受教育权保障水平显著提升。中国大力实施教育优先发展战略,加快推进教育现代化,切实保障公民平等受教育的权利。国家财政性教育经费支出占国内生产总值以不低于4%为目标,2012年至2017年,全国教育经费总投入累计接近21万亿元。国民受教育程度大幅提升,15岁及以上人口平均受教育年限由1982年的5.3年提高到2017年的9.6年,劳动年龄人口平均受教育年限达10.5年。学前教育快速发展。2017年,全国幼儿园数量达25.5万所,比1978年增长55.5%,学前三年毛入园率达79.6%。颁布修订义务教育法,实行九年制义务教育。2017年,全国共有义务教育学校21.9万所,在校生1.45亿人,小学学龄儿童净入学率达99.91%,初中阶段毛入学率达103.5%,九年义务教育巩固率为93.8%,义务教育普及程度已达到世界高收入国家的平均水平。高中阶段教育基本普及。2017年,全国共有高中阶段教育学校2.46万所,在校学生3971万人,比1978年增加2167万人;初中毕业生升学率达94.9%,比1978年提高54个百分点;高中阶段毛入学率达88.3%,已超过世界中高收入国家86.7%的平均水平。高等教育蓬勃发展。2017年,全国共有高校2913所,在校生规模达3779万人,毛入学率达45.7%。建成世界最大规模的职业教育体系,为普及高中阶段教育和推动高等教育大众化作出了重要贡献。
Marked improvement in the protection of the right to education. China has made great efforts in implementing the education-first strategy to modernize education and guarantee equal access to education for all. Government spending on education is targeted to be no lower than 4 percent of GDP. From 2012 to 2017, national expenditure on education totaled close to RMB21 trillion. The level of national education has significantly improved: The average years of schooling for those aged 15 and over rose from 5.3 in 1982 to 9.6 in 2017; the figure for the working-age population reached 10.5. Rapid progress has been made in preschool education. In 2017, the total number of kindergartens stood at 255,000, an increase of 55.5 percent over 1978, with the gross enrollment rate reaching 79.6 percent. A Compulsory Education Law was formulated and then revised to extend the enforcement of nine-year compulsory education. In 2017, there were 219,000 public schools for compulsory education, accommodating 145 million students. The net enrollment rate of primary school-age children was 99.91 percent, the gross enrollment rate of middle school-age population was 103.5 percent, and the completion rate of compulsory education was 93.8 percent. The availability of compulsory education has reached the average level of high-income countries. Availability of senior secondary education in China is now basically universal. In 2017, there were 24,600 senior high schools nationwide, with a total of 39.71 million students on campus, an increase of 21.67 million over 1978. The rate of students entering high school was 94.9 percent, up 54 percentage points from 1978, and the gross enrollment rate of senior high school-age population was 88.3 percent, higher than the average level of mid-and high-income countries (86.7 percent). Higher education is developing vigorously. In 2017, there were 2,913 universities across the country, with 37.79 million students on campus, representing a gross enrollment rate of 45.7 percent of college-age population. A mass vocational education system has been built, contributing significantly to the popularity of high school education and higher education.

 

文化权保障充分有效。全国文化事业费投入持续快速增长,由1978年的4.44亿元增至2017年的855.80亿元,增长192.7倍,年均增长14.4%。建立国家基本公共文化服务标准制度,制定《国家基本公共文化服务指导标准(2015-2020年)》。发展公共文化设施,实施免费开放。2017年,全国共有公共图书馆3166个,每万人拥有公共图书馆面积为109平方米,是1978年的12.1倍;公共图书馆共藏书9.7亿册,总流通人次7.45亿次,分别比1979年增长438.9%、856.7%;博物馆4721个,比1978年增长12.5倍;博物馆收藏文物3662.3万件(套),参观人次达9.7亿。推进基本公共文化服务均等化。截至2017年,全国已建成文化馆(站)44521个、村(社区)综合性文化服务中心340560个。创新公共文化服务方式,数字文化服务能力快速提升。2017年,公共图书馆电子图书达10.3亿册,计算机22.1万台,其中供读者使用的电子阅览终端14.43万台;截至2017年,广播、电视节目综合人口覆盖率分别达99.81%和99.07%;全国文化信息资源共享工程和数字图书馆推广计划资源总量近700TB。制定《全民科学素质行动计划纲要(2006-2010-2020年)》《中国公民科学素质基准》,加强科普工作,提升公民科学文化素质。
Full and effective protection of cultural rights. Government funding for cultural undertakings is increasing rapidly, from RMB444 million in 1978 to RMB85.58 billion in 2017, a yearly increase of 14.4 percent. The national public cultural service standards have been established, and the National Guiding Standards for Public Cultural Services (2015-2020) are being introduced. Many public cultural facilities have been opened to the public for free. In 2017, there were 3,166 public libraries nationwide, with 109 sq m of public library space per 10,000 people, an 11.1-fold increase over 1978. These public libraries contained 970 million volumes, and received 745 million visits. The total number of China’s museums stood at 4,721 in 2017, a 12.5-fold increase over 1978. In 2017, they contained 36.62 million items, and received 970 million visitors. Equal access to public cultural services is an important goal. By 2017, a total of 44,521 cultural centers and 340,560 comprehensive cultural service centers in villages and communities had been set up. Digital cultural services are a new innovation in providing public cultural services. In 2017, public libraries had more than 1 billion ebooks, 221,000 computers, and 144,300 electronic readers. By 2017, the total broadcasting network had covered 99.81 percent of the population, and 99.07 percent had had access to television; the database of the cultural information resources sharing project and the digital library promotion project had amounted to 700 terabytes. The Outline of the National Scheme for Scientific Literacy (2006-2010-2020) and the Benchmark for the Scientific Literacy of Chinese Citizens have been formulated to popularize science and improve the public’s understanding and appreciation of science and culture.

 

选举权受到法律保障。选举权和被选举权是中国宪法规定的公民基本权利。中国坚持发展社会主义民主政治,保障人人享有平等的选举权利,先后制定全国人民代表大会和地方各级人民代表大会选举法、地方各级人民代表大会和地方各级人民政府组织法等。坚持实行普遍、平等、直接选举和间接选举相结合以及差额选举的原则,宪法规定凡年满18周岁的中国公民,不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况、居住期限,除依法被剥夺政治权利的人外,都有选举权和被选举权。中国根据国情和实际,不断修改选举法,完善选举制度,逐步实现了城乡按相同人口比例选举人大代表,并保证各地区、各民族、各方面都有适当数量的代表。在2016年开始的全国县乡两级人民代表大会换届选举中,共有9亿多选民参选,直接选举产生250多万名县乡两级人民代表大会代表。全国人民代表大会代表的代表性不断增强,在2018年十三届全国人大的2980名代表中,一线工人、农民代表468名,专业技术人员代表613名,妇女代表742名,少数民族代表438名。城乡基层民主有序发展,以城乡村(居)民自治为核心,民主选举、民主协商、民主决策、民主管理、民主监督为主要内容的基层群众自治制度基本建立。截至2017年,全国农村普遍开展了9轮以上村委会换届选举,98%以上的村委会依法实行直接选举,村民参选率达95%;居民委员会换届选举参选率达90%以上。
Legal protection of the right to vote. The right to vote and to stand in elections is a basic right enshrined in the Constitution. China is committed to the development of socialist democracy and ensures that everyone is entitled to an equal right to vote. It has enacted electoral laws for the National People’s Congress and local people’s congresses, and organization laws for local people’s congresses and governments. The principles of universality, equality, direct election, indirect election and competitive election are applied. The Constitution stipulates, “All citizens of the People’s Republic of China who have reached the age of 18 shall have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status and length of residence. Persons who have been deprived of political rights in accordance with the law shall not have the right to vote and stand for election.” China has amended electoral laws and improved the election system to gradually ensure that both rural and urban areas adopt the same ratio of deputies from the represented population in elections of people’s congress deputies, and all regions, ethnic groups and fields have a certain proportion of deputies. In the new elections to the people’s congresses at county and township levels beginning in 2016, a total of 900 million constituents cast votes for more than 2.5 million deputies. The makeup of deputies to the National People’s Congress is becoming more representative. Among the 2,980 deputies to the 13th National People’s Congress in 2018 are 468 frontline workers and farmers, 613 professional and technical personnel, 742 women, and 438 representatives of ethnic minorities. Orderly development is seen in community-level democracy. A community-level self-governance system is now in place featuring self-governance by urban and rural residents, and democratic election, consultation, decision-making, management and supervision. By 2017, more than nine rounds of villagers committee elections had been held among villages across the nation. More than 98 percent of these had been conducted by direct election, with more than 95 percent of villagers taking part. The participation rate of urban residents in the election of neighborhood committees exceeds 90 percent.

 

知情权得到充分保障。政务公开制度体系更加完善,平台建设逐步加强。2004年,国务院发布《全面推进依法行政实施纲要》,要求推进政府信息公开,除涉及国家秘密和依法受到保护的商业秘密、个人隐私的事项外,行政机关应该公开政府信息;对公开的政府信息,公众有权查阅;行政机关应该为公众查阅政府信息提供便利条件。2016年2月,中共中央办公厅、国务院办公厅印发《关于全面推进政务公开工作的意见》,全面推行权力清单、责任清单、负面清单公开工作,推动政务服务向网上办理延伸,全国31个省(自治区、直辖市)均已公布省市县三级政府部门权力清单。2015年,实现全国所有省份全部公开省级财政总预算;2017年,公开部门预算的中央部门增加到105个。截至2017年4月,全国县级以上地方各级人民政府共设立政务大厅3058个,覆盖率94.3%;乡镇(街道)共设立便民服务中心38513个,覆盖率96.8%。厂务、村务公开逐步落实。截至2017年9月,全国已建立工会的企事业单位单独建立职工代表大会制度的有500.9万家,区域(行业)职工代表大会制度覆盖企业138.7万家,已建立工会的企事业单位单独建立厂务公开制度的有487.1万家。截至2017年,全国95%的村实现村务公开,94%以上的县制订村务公开目录,91%的村建立村务公开栏。
Full protection of the right to know. Platforms are being improved to make government more open. In 2004, the State Council released the Outline of Comprehensively Advancing Administration in Accordance with the Law, which promotes government transparency and requires administrative organs to disclose government information unless it relates to state secrets, trade secrets under legal protection, and individual privacy. The public is entitled to access disclosed government information, and administrative organs should support this access. In February 2016, the General Offices of the CPC Central Committee and the State Council issued Decisions on Comprehensively Promoting Government Transparency, which introduced a power list, a responsibility list, and a negative list and encouraged administration to move online. As a result, 31 provinces (autonomous regions and municipalities directly under the central government) have released the power lists of governments at provincial, prefectural and county levels. In 2015, all provinces disclosed their overall financial budgets, and in 2017, 105 central government departments disclosed their budgets. By April 2017, 3,058 administration halls had been set up in local governments at and above the county level, covering 94.3 percent of administrations, and 38,513 service centers had been set up in townships and communities, covering 96.8 percent of administrations. Factory and village affairs are being made transparent. By September 2017, more than 5 million enterprises and public institutions with trade unions had set up congresses of workers and staff, and 1.39 million enterprises were covered by regional (trade) congresses of workers and staff. 4.87 million enterprises and public institutions with trade unions had adopted a system of disclosing information to their employees. By 2017, 95 percent of villages nationwide had made village affairs transparent, more than 94 percent of counties were providing catalogues of disclosed village information, and 91 percent of villages were making village affairs public on information boards.

 

参与权持续增进。公众参与立法和重大行政决策的渠道不断拓宽。建立健全常态化的法律草案公开征求意见工作机制。自2008年以来,国家立法机关共有139件法律草案向社会公开征求意见,收到59万余人次提出的246万余条意见。自2013年起,在拟订国务院年度立法工作计划过程中,通过发布公告的方式向社会公开征集立法项目建议,并不断拓宽征求意见渠道,丰富征求意见形式。依法保障公民在行政决策中的参与权。健全依法决策机制,把公众参与、专家论证、风险评估、合法性审查、集体讨论决定确定为重大行政决策法定程序,在重大行政决策过程中注重增强公众参与实效、提高专家论证质量,提高决策科学化、民主化、法治化水平。推动协商民主广泛多层制度化开展,不断规范协商内容、协商程序,拓展协商民主形式,增加协商密度,提高协商成效,以事关经济社会发展全局和涉及群众切身利益的实际问题为内容,开展广泛协商。改革开放以来,全国政协共开展2000多项视察调研,收到135111件提案,立案124868件,编刊及转送社情民意信息11688件,大多数提案的建议得到采纳和落实。大量社会组织活跃于城乡社区,提升了人民群众有序表达诉求和自我管理、自我服务的能力和水平,截至2018年9月,全国依法登记的社会组织79.6万个。
Increased right to participate. The channels for public participation in legislation and major administrative decision-making are constantly broadening. A mechanism through which public opinion is consulted in drafting laws has been set up and improved. Since 2008, the state legislatures have solicited public opinion on 139 draft laws, receiving 2.46 million comments from 590,000 people. Since 2013, the government has released announcements inviting responses from the public and expanded channels and multiplied means for soliciting opinions in drawing up plans for the legislation work of the State Council. The citizens’ right to participate in administrative decision-making has been protected by law. A mechanism in which decisions are made in accordance with the law has been improved, which recognizes public participation, expert discussion, risk assessment, legality review and collective discussion as legal procedures in major administrative decision-making. In this process, the effectiveness of public participation is emphasized, and the quality of expert discussion improved to make decision-making more scientific, democratic and law-based. Consultative democracy is applied extensively as a mechanism at multiple levels. The consultative content and procedure are regulated, and the means, frequency and effect of consultation extended and increased. Extensive consultation is conducted on matters concerning overall economic and social development and related to the vital interests of the people. Since reform and opening up, the national committee of the Chinese People’s Political Consultative Conference (CPPCC) has conducted over 2,000 investigations and consultations, received 135,111 proposals, recorded 124,868 of them, published and transmitted 11,688 samples of public opinion, and adopted and carried out most of the proposals. By September 2018, there had been 796,000 registered social organizations nationwide. They are active in urban and rural communities and help improve the level and ability of the public to express their demands, and to govern and serve themselves.

 

表达权实现途径不断丰富。2017年,全国出版各类报纸368亿份,各类期刊26亿册,图书90亿册(张)。截至2018年9月,全国光缆线路总长度达4131万公里,农村宽带用户达到11065万户,移动宽带用户达12.9亿户,移动电话普及率达111.3部/百人。截至2018年6月,全国互联网上网人数达8.02亿,其中手机上网人数达7.88亿,互联网普及率达57.7%,农村地区互联网普及率达36.5%。建立了便捷高效的网络表达平台。着力搭建“信、访、网、电”多元化、立体式信访渠道,为民意诉求表达拓宽通道、提供便利。
Multiple means to guarantee the right of expression. In 2017, a total of 36.8 billion copies of newspapers, 2.6 billion issues of periodicals, and 9 billion copies of books were published. By September 2018, the optical cable nationwide totaled 41.31 million kilometers; there were 110.65 million broadband users in rural areas and 1.29 billion mobile broadband users. Penetration of mobile phones was 111.3 per hundred persons. By June 2018, there were 802 million internet users across the nation, and 788 million of them accessed the internet through mobile phones. Internet usage was 57.7 percent across the country, and 36.5 percent in rural areas. Online platforms have been built to make expression convenient and efficient. Complaints reporting channels have been broadened through letters, visits, internet and telephone to multiply the means for the public to express their demands.

 

监督权保障体系持续完善。2014年,全国人大修改预算法;2017年,出台《关于建立预算审查前听取人大代表和社会各界意见建议的机制的意见》,推进预算公开和民主监督。2015年,修改立法法,明确规定向审查申请人反馈及社会公开制度,加强公民监督权利。全国人大常委会履行宪法法律监督职责,健全备案审查制度,建立全国统一的备案审查信息平台。十二届全国人大常委会任期内共接受报送备案的规范性文件4778件,对188件行政法规和司法解释逐一进行主动审查,对地方性法规有重点地开展专项审查,认真研究公民、组织提出的1527件审查建议,对审查中发现与法律相抵触或不适当的问题,督促制定机关予以纠正。2012年至2016年,全国人大常委会共开展20次执法检查。2016年至2017年,全国人大常委会检查了食品安全法、安全生产法、环境保护法、道路交通安全法等12部关系人民切身利益的法律的实施情况。人民政协积极探索和完善民主监督机制,就决策执行中的问题提出批评和建议。十二届全国政协视察调研的监督性议题由2015年的12项占11%,增至2017年的20项占28%。实施《深化人民监督员制度改革方案》,进一步加强社会监督。
Continued efforts to improve the right of supervision. The National People’s Congress revised the Budget Law in 2014, and released Decisions on Building a Mechanism of Soliciting Opinions of Deputies to People’s Congresses and the Public Before Budget Review in 2017 to make budgets transparent and place them under democratic supervision. In 2015, the Legislation Law was amended, specifying that it is necessary to respond to the requirement for review and disclose information to increase the citizens’ right to supervise. The Standing Committee of the National People’s Congress should exercise their supervisory duties over the Constitution and the law, and improve the filing and review system by setting up a national unified platform. The Standing Committee of the 12th National People’s Congress received 4,778 normative documents for filing, reviewed 188 administrative regulations and judicial interpretations item by item, conducted special reviews of targeted local regulations, studied 1,527 review suggestions raised by the public and other organizations, and urged relevant departments to correct problems when they were found to be in conflict with current laws. From 2012 to 2016, the Standing Committee of the National People’s Congress carried out 20 examinations of law enforcement. Between 2016 and 2017, it inspected the enforcement of 12 laws concerning the immediate interests of the public such as Food Safety, Workplace Safety, Environmental Protection, and Road Traffic Safety. The CPPCC has actively explored and improved the democratic supervision system and offered criticism and suggestions regarding problems arising in implementation. In 2017, the 12th CPPCC National Committee investigated and researched 20 supervisory issues, which accounted for 28 percent of its total investigations and researches. In 2015, the corresponding figures were 12 and 11 percent. The Plan for Deeper Reform of the People’s Supervisor System has been implemented to extend the public’s right of scrutiny.

 

宗教信仰自由依法得到保障。中国实行宗教信仰自由政策,坚持从本国国情和宗教实际出发,保障公民宗教信仰自由权利,构建积极健康的宗教关系,维护宗教和睦与社会和谐。中国政府依照宪法和法律,支持各宗教坚持独立自主自办原则,各宗教团体、宗教教职人员和信教公民自主办理宗教事业;对涉及国家利益和社会公共利益的宗教事务进行管理,但不干涉宗教内部事务。中共十八大以来,中国全面推进依法治国,把宗教工作纳入国家治理体系,宗教工作法治化水平不断提高。国家对待各宗教一律平等,一视同仁,不以行政力量发展或禁止某个宗教,任何宗教都不能超越其他宗教在法律上享有特殊地位。中国有佛教、道教、伊斯兰教、天主教和基督教等宗教信教公民近2亿,宗教教职人员38万余人,依法登记的宗教活动场所14.4万处,宗教院校共91所。加大宗教教职人员社会保障力度,截至2017年,宗教教职人员医疗保险参保率达96.5%,养老保险参保率达89.6%,符合条件的全部纳入低保,基本实现了社保体系全覆盖。
Legal guarantee for freedom of religious belief. China follows policies on freedom of religious belief. Based on its national and religious conditions, China protects citizens’ right to freedom of religious belief, builds active and healthy religious relationships, and maintains religious and social harmony. The Chinese government, in accordance with the Constitution and the law, supports all religions in upholding the principle of independence and self-management; religious groups, clerical personnel and believers manage their own religious affairs. The state manages religious affairs involving national and public interests, but does not interfere in the internal affairs of religions. Since the 18th CPC National Congress, China has comprehensively promoted the rule of law and included religious work in the national governance system to improve its law-based management. The state treats all religions fairly and equally, and does not exercise administrative power to encourage or ban any religion. No religion is given preferential treatment over other religions to enjoy special legal privileges. The major religions practiced in China are Buddhism, Taoism, Islam, and Catholic and Protestant Christianity, involving a total of nearly 200 million believers and more than 380,000 clerical personnel. At present, there are about 144,000 places of worship registered for religious activities and 91 religious schools in China. Social security for religious clerical personnel has been enhanced. By the end of 2017, 96.5 percent of clerical personnel had been covered by medical insurance, and 89.6 percent by old-age insurance, and all eligible personnel had been covered by subsistence allowance welfare-almost all clerical personnel had been covered by the social security system in China.

四、显著改善特定群体权利
IV. Ensuring the Rights of Special Groups

 

改革开放40年来,中国不断完善相关权利保障机制,采取有针对性的措施,为特定群体创造了实现自我发展和人生价值的机会,切实保障少数民族、妇女、儿童、老年人和残疾人的合法权益。
Over the 40 years since reform and opening up was introduced in 1978, China has improved various mechanisms for ensuring its citizens’ rights, adopting targeted measures to create opportunities for special groups in pursuit of self-development and life goals. The legitimate rights of ethnic minority groups, women, children, the elderly, and the disabled are protected.

 

(一)少数民族权利
1. Rights of Ethnic Minority Groups

 

少数民族参与国家事务管理的权利得到有效保障。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。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%。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,均由实行区域自治的民族的公民担任。在西藏自治区第十一届人民代表大会中,藏族和其他少数民族人士在常委会主任、副主任中占50%,在自治区人大代表中占66%。
The right of ethnic minority groups in administering state affairs is effectively guaranteed. The ethnic autonomous regions enjoy the right of autonomy in extensive areas as prescribed by law, including autonomy in the fields of politics, the economy, education, science and technology, culture, and health. All 55 minority groups have deputies and members at the National People’s Congress (NPC) and the Chinese People’s Political Consultative Conference (CPPCC). The 13th NPC has 438 deputies from ethnic minority groups, accounting for 14.7 percent of the total number of deputies. The standing committees of people’s congresses in all 155 ethnic autonomous areas have citizens from the 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 and banners are all citizens from the ethnic groups exercising regional autonomy of the said areas. In the 11th People’s Congress of Tibet Autonomous Region, the director and half of the deputy directors of the standing committee, and two-thirds of the deputies, are from the Tibetan or other ethnic minority groups.

 

民族地区经济快速发展。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由1978年的324亿元增至2017年的84899亿元;贫困人口从2010年的5040万下降到2017年的1032万,累计减贫4008万人,贫困发生率从34.5%下降到6.9%。2012年至2017年,国家投入中央财政扶贫专项资金少数民族发展方向244.97亿元。出台《“十三五”促进民族地区和人口较少民族发展规划》《兴边富民行动“十三五”规划》,推进民族地区、边疆地区经济社会跨越式发展。
The economy of ethnic minority areas has experienced rapid growth. 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 has grown from RMB32.4 billion in 1978 to RMB8.49 trillion in 2017. The impoverished population in these regions has dropped from 50.4 million in 2010 to 10.32 million in 2017, with 40.08 million people shaking off poverty and the incidence of poverty reduced from 34.5 to 6.9 percent. From 2012 to 2017 the central government allocated RMB24.5 billion from the state poverty alleviation fund to support the development of ethnic minority groups. With the release of the Program for Developing Ethnic Minority Areas and Ethnic Groups with Small Populations During the 13th Five-Year Plan Period and the Program for Revitalizing Border Areas and Enriching the People During the 13th Five-Year Plan Period, China aims to achieve a big stride in social and economic development in these areas.

 

民族地区教育事业快速发展。通过发展各级各类民族学校、实行双语教育、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等举措,促进教育公平,维护少数民族的受教育权利。西藏自治区全面普及了从学前教育到高中阶段15年“包吃、包住、包学习费用”的免费教育政策。新疆维吾尔自治区的南疆地区实行15年免费教育,实施农村学前三年免费双语教育。举办内地西藏班、新疆班,实施“少数民族预科班、民族班”“少数民族高层次骨干计划”等,保障少数民族学生享有接受优质教育的机会。
Education in ethnic minority areas has developed rapidly. China has adopted a series of measures to promote educational equality and ensure ethnic minorities’ right to education. These measures include: opening schools for students from ethnic minority groups, using both Putonghua (standard Chinese) and ethnic languages in school education, giving preferential treatment to students from ethnic minority groups when they take exams to enter higher levels of education, and running residential schools in farming and pastoral areas. In Tibet Autonomous Region, students enjoy free board and lodging and are exempt from study costs from preschool to senior high school-a total of 15 years. In south Xinjiang, students also enjoy 15 years of zero-cost education, and those in rural areas are provided with free three-year preschool education both in Putonghua and ethnic languages. Middle and high school students from Tibet and Xinjiang can attend special classes at schools in more developed areas of the country. High school graduates from ethnic groups can attend preparatory courses or special classes at colleges and universities, and university graduates from ethnic groups can apply for a national high-level professional development program which trains and sends them to work in designated places. All this has ensured that students from ethnic minority groups have access to quality education.

 

少数民族使用和发展本民族语言文字的权利得到切实尊重和保障。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27种文字。中国政府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”。民族地区公共文化服务体系进一步完善。截至2017年,全国少数民族自治地方共有195个广播电视机构使用14种少数民族语言播出广播节目,263个广播电视机构使用10种少数民族语言播出电视节目。国家在民族地区推行双语教育,基本建立起从学前到高等教育阶段的双语教育体系。截至2017年,全国各民族中小学实施双语教育的学校1.2万多所,接受双语教育在校生320余万人,双语教师21万余人。
The right to use and develop the spoken and written languages of ethnic minorities is respected and 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 27 written systems. The Chinese government protects 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. The state has established a database for the endangered languages of China’s ethnic minority groups, and initiated the Program for Protecting China’s Language Resources. Public cultural services in ethnic minority areas have been further improved. By 2017 there were 195 radio and 263 television stations in China’s ethnic autonomous areas broadcasting in 14 and 10 ethnic minority languages. The state provides bilingual education in ethnic minority areas, basically forming a bilingual education system from preschool to higher education. By 2017 more than 12,000 primary and secondary schools catering to ethnic minority students in China give courses in both Putonghua and minority languages, with 210,000 teachers teaching such courses to 3.2 million students.

 

民族地区文化遗产、文物古迹得到有效保护。中国政府高度重视少数民族文化的传承和发展,制定相关法律,设立专门机构,加大资金投入,推动少数民族文化事业发展。中国入选联合国教科文组织“非物质文化遗产名录(名册)”的少数民族项目有14项;中国前四批共计1372项国家级非物质文化遗产名录中,少数民族的有492项,约占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%;共设立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(区、市)已建立民族古籍整理与研究机构。中央和地方政府投入资金对高昌故城、北庭故城遗址、喀什艾提尕尔清真寺等一大批文物古迹进行了修缮保护,抢救性保护修复了3000余件珍贵文物,对藏医药、格萨尔、传统歌舞、手工技艺等重要非物质文化遗产进行了全面保护。
Cultural heritage and relics in ethnic minority areas are protected. The Chinese government attaches great importance to the preservation and development of ethnic minority cultures. It has promulgated laws, established government bodies, and increased spending to develop the cultures of ethnic minority groups. Of all China’s cultural items included in the UNESCO’s Intangible Cultural Heritage List, 14 are from ethnic minorities. At national level, 492 (36 percent) of the first 1,372 cultural items included in China’s intangible cultural heritage list are from 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 state-level cultural preservation experimental areas, 11 of which are located in ethnic minority areas. Twenty-five provinces, autonomous regions and municipalities directly under the central government have institutions that catalogue and study ancient classics and recordings of ethnic minorities. The central and local governments have funded the conservation and renovation of many historical and cultural sites, including the Gaochang Ancient City Ruins, Beiting Ancient City Site, and Kashi’s Id Kah Mosque. More than 3,000 precious cultural relics have been conserved and renovated. Traditional Tibetan medicine, the Epic of King Gesar, traditional songs and dances, handicrafts, and other important items of intangible cultural heritage have been protected.

 

少数民族宗教信仰自由获得充分保障。截至目前,西藏自治区有藏传佛教活动场所1778处,住寺僧尼4.6万多人,正常的宗教活动和宗教信仰依法受到保护。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,国家颁布了《藏传佛教活佛转世管理办法》,西藏自治区现有活佛358名,其中60多位新转世活佛按历史定制和宗教仪轨得到认定。不断完善藏传佛教僧人学经制度。截至2017年,西藏自治区已有84名学经僧人获得了格西“拉让巴”学位,168名僧人获得了中国藏语系高级佛学院“拓然巴”高级学衔。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。《古兰经》《布哈里圣训实录精华》出版发行达176万余册。完成对藏文大藏经的校勘出版,印制《甘珠尔》大藏经达1490多部供给寺庙,满足僧尼和信教群众的学修需求。法律保护正常的宗教活动。开设教职人员解经骨干培训班、宗教活动场所民主管理组织负责人培训班等,提升宗教团体自我管理水平。自2011年始,国家宗教事务局已举办十余期伊斯兰教解经骨干培训班,为新疆培训教职人员数百人。中央政府支持新疆伊斯兰教经学院扩建校舍,改善教学环境,扩大招生规模。
Ethnic minority groups’ right to freedom of religious belief has been fully protected. Religious beliefs and normal religious activities are protected by law. At the moment Tibet Autonomous Region has 1,778 venues for practicing Tibetan Buddhism, and some 46,000 resident monks and nuns. 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, the state having issued the Measures on the Management of the Reincarnation of Living Buddhas of Tibetan Buddhism. Tibet now has 358 Living Buddhas, more than 60 of whom have been confirmed through historical conventions and traditional religious rituals. The system whereby Tibetan Buddhist monks study sutras has been improved. By 2017 a total of 84 monks from Tibet had received senior academic titles in Lhasa and 168 in Beijing. China has published translations of the religious classics of Islam, Buddhism, Christianity and other religions in multiple languages to satisfy normal religious needs. More than 1.76 million copies of the Quran and Selections from Al-Sahih Muhammad Ibn-Ismail al-Bukhari have been distributed. The Tibetan Buddhist canons have been revised and published, and 1,490 copies of the canon Kangyur have been given to monasteries for monks, nuns and religious persons to study. To improve the self-management capacity of religious groups, the state offers training sessions to clerics on interpreting scriptures, and to persons who manage venues for religious activities. Since 2011 the National Religious Affairs Administration has organized over a dozen training sessions on interpreting Islamic scripture, and trained several hundred clerics from Xinjiang. The central government supports the Xinjiang Islamic Institute in expanding its campus, improving teaching conditions, and enrolling more students.

 

(二)妇女、儿童和老年人权利
2. Rights of Women, Children and the Elderly

 

妇女参与公共事务管理和经济社会发展的权利得到切实保障。男女平等基本国策进一步贯彻落实。颁布修订妇女权益保障法。不断提高女干部在同级干部中所占比例,全国党政机关中女性干部从改革开放初期的42.2万名提升至2017年的190.6万名,占干部总数的26.5%。切实保障妇女参政议政权。十三届全国人大有742名女性代表,占比24.9%;十三届全国政协现有442名女性委员,占比20.5%。在2018年各省级两会上,人大和政协中的女性比例分别为27.33%和25.69%。加强妇女经济赋权,着力推动妇女创业就业。2016年,全国女性就业人口占就业总人口的43.1%。实施鼓励妇女就业创业的小额担保贷款财政贴息政策,截至2018年6月,全国累计发放妇女创业担保贷款3590多亿元,获贷妇女634万人次,落实财政贴息资金390多亿元。截至2017年9月,全国共签订女职工权益保护专项集体合同136.6万份,覆盖企业315.3万家,覆盖女职工7999.9万人。在592个国家扶贫开发工作重点县,女性人口的贫困发生率从2005年的20.3%下降到2010年的9.8%。
Women’s rights to equal participation in the administration of public affairs and socioeconomic development are protected. China has taken numerous solid measures to implement the basic state policy of gender equality, and amended the Law on the Protection of Women’s Rights and Interests. The proportion of female officials at each level of officialdom has increased steadily, and the number of female officials in Party and government organs has grown from 422,000 at the beginning of reform and opening up to 1.9 million in 2017, accounting for 26.5 percent of all officials. Women participate fully in the administration and discussion of state affairs. The 13th NPC has 742 female deputies (24.9 percent), and the 13th CPPCC National Committee now has 442 female members (20.5 percent). At the 2018 sessions of the provincial people’s congresses and political consultative conferences, women made up 27.33 percent and 25.69 percent of all deputies and members. The state has strengthened economic empowerment for women, helping them to start businesses and seek employment. In 2016, women employed nationwide accounted for 43.1 percent of the total employed population. To engage women in employment and entrepreneurship, China has introduced the small-sum guaranteed loan with financial discount. By June 2018, a total of RMB359 billion had been issued in guaranteed loans to 6.34 million women to start businesses, and the government had allocated RMB39 billion for interest discount. By September 2017, 1.37 million collective contracts for protecting female workers’ rights and interests had been signed nationwide, covering almost 80 million female workers in 3.15 million enterprises. In the 592 poorest counties which are the main targets of national poverty alleviation and development work, the incidence of poverty of the female population decreased from 20.3 percent in 2005 to 9.8 percent in 2010.

 

妇女儿童健康服务水平不断提高。加强妇幼卫生保健,维护妇女儿童健康权益。优化卫生资源配置,增加农村和边远地区妇幼卫生经费投入。2012年至2016年,农村孕产妇住院分娩项目累计补助约4800万人。2017年,共为1173万名农村计划怀孕夫妇提供免费检查,目标人群覆盖率平均达91.7%。自2009年6月政府开始实施农村妇女宫颈癌、乳腺癌免费检查项目,截至2017年,累计共有7000多万农村妇女接受了宫颈癌免费检查,1000多万农村妇女接受了乳腺癌免费检查。1991年至2017年,中国5岁以下儿童死亡率从61‰降至9.1‰。2016年,5岁以下儿童低体重率、生长迟缓率、贫血患病率分别下降到1.49%、1.15%、4.79%。实施“母亲水窖”工程项目,重点帮助西部地区群众特别是妇女摆脱因严重缺水带来的生活困境,截至2017年,帮助304万人获得安全饮用水。
Health services for women and children have improved. China has strengthened healthcare programs for women and children to safeguard their right to health. It has improved the distribution of health resources, and increased spending on maternal and child healthcare programs in rural, border and remote areas. From 2012 to 2016 about 48 million rural women received state subsidies for delivery of their babies in official institutions. In 2017 the state provided free checkups for 11.73 million rural couples planning for pregnancy, covering 91.7 percent of the target population. In June 2009 the government launched a program of free cervical and breast cancer checkups for rural women, providing free cervical cancer checkups for 70 million and free breast cancer checkups for 10 million by 2017. Between 1991 and 2017 the mortality rate of children under five decreased from 61 per thousand to 9.1. In 2016 the underweight rate for children under five decreased to 1.49 percent. The corresponding rates for growth retardation and incidence of anemia were 1.15 percent and 4.79 percent. The government has initiated a program to provide safe water storage for people, especially women, in the western parts of China, so that they have reliable sources of drinking water. By 2017, a total of 3.04 million people had received help from the program and had access to safe drinking water.

 

妇女儿童保护和救助工作持续加强。开展反家庭暴力的基层司法实践,探索家庭暴力人身安全保护裁定制度,试点法院从2008年的5个省扩展到2015年的14个省。2015年通过反家庭暴力法,为保障包括妇女在内的家庭成员的合法权益,促进建立平等、和谐、文明的家庭关系发挥了重要作用。《刑法修正案(九)》作出有利于保障妇女儿童权益的重要修改,更加有力地惩处强奸幼女、拐卖妇女儿童的犯罪行为。颁布修订未成年人保护法、预防未成年人犯罪法等法律法规,保护未成年人的身心健康,保障未成年人的合法权益。2009年,公安部建立了世界上第一个打拐DNA信息库,目前已帮助5500余名被拐儿童与家人团聚;2016年,公安部建立“团圆”打拐系统,截至2018年9月,平台发布儿童失踪信息3419条,找回3367人,找回率98.4%。2017年,全国共有儿童收养救助服务机构663个,床位10.3万张,年末收留抚养各类人员5.9万人。截至2017年,共帮助78万名农村留守儿童得到有效监护,为18万名无户籍农村留守儿童登记落户,帮助1.7万名农村留守儿童返校复学。
Protection and assistance for women and children have been enhanced. China has taken judicial action against domestic violence at the grassroots level. It has experimented with an adjudication system of personal security protection against domestic violence, and courts conducting this pilot program have expanded from 5 provinces in 2008 to 14 in 2015. In 2015 China promulgated the Anti-Domestic Violence Law, which has played an important role in ensuring the legitimate rights of family members including women, and maintaining equal and harmonious family relations. Amendment IX to the Criminal Law of the People’s Republic of China represents a major step forward in protecting women and children’s rights and interests; it specifies harsher punishments for the crimes of raping girls under the age of 14 and abducting and trafficking women and children. To ensure the physical and psychological health of minors and to protect their legitimate rights and interests, China has promulgated the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency, both amended in 2012. In 2009 the Ministry of Public Security developed the world’s first DNA database for finding abducted children, having helped 5,500 children reunite with their families to date. On the “Tuan Yuan” (Reunion) online platform initiated in 2016, a total of 3,419 items on missing children had been posted by September 2018, which had helped recover 3,367 children. In 2017 China had 663 child adoption and assistance institutions with 103,000 beds, accommodating 59,000 persons. By 2017 some 780,000 rural children left at home by their migrant worker parents had been provided with effective guardianship, 180,000 previously unregistered left-at-home rural children had been registered, and 17,000 had been returned to school.

 

老年人权益保障机制逐步健全。2017年,中国60岁及以上老年人达2.4亿,占总人口的17.3%。2012年以来,中国修订老年人权益保障法,出台《关于加快发展养老服务业的若干意见》《“十三五”国家老龄事业发展和养老体系建设规划》等70多项政策文件,初步建立养老法规政策体系。养老服务工作逐步从改革开放前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。截至2017年,全国养老服务已经从1978年的8000多家服务机构,扩大到包括养老机构、社区养老服务设施、互助型养老设施等各类养老服务机构15.5万个,床位744.8万张。加强了针对老年人的社会救助和福利保障,将1781.7万困难老年人纳入最低生活保障范围,410.2万特困老年人纳入政府供养范围。截至2017年,全国经济困难的高龄老年人津贴制度实现省级全覆盖,全国所有省份均出台了老年人社会优待政策。不断丰富老年人的社会文化生活,全国共有老年学校4.9万个,在校学习人员704万人,各类老年活动室35万个。
The mechanism for protecting the rights and interests of the elderly has improved. In 2017 some 240 million Chinese were aged 60 or above, accounting for 17.3 percent of the total population. Since 2012 China has amended the Law on Protecting the Rights and Interests of the Elderly, and released more than 70 policy papers, such as the Decisions on Accelerating the Development of the Old-Age Service Industry and the Program for Developing China’s Old-Age Services and System Building During the 13th Five-Year Plan Period, forming a legal and policy framework for old-age care. Before reform and opening up China’s elderly were mainly cared for in nursing homes. Now more of them receive home care and community services, but can still choose nursing homes or facilities with medical care services. New models of old-age care such as “mutual support” in rural areas are also expanding. By 2017 China had 155,000 institutions with 7.45 million beds to provide old-age services, including nursing homes, community-based old-age service facilities, and “mutual support” facilities-a stark contrast with just 8,000 nursing homes in 1978. The state has strengthened social assistance and welfare for the elderly, providing subsistence allowances to 17.8 million elderly persons in need and supporting 4.1 million elderly persons in extreme poverty with government funding. By 2017 the allowances for impoverished senior citizens over the specified age had covered all provinces, which had also released preferential policies for the elderly. To enrich the cultural life of the elderly, there are now 49,000 schools for the elderly with more than 7 million students, and 350,000 activity centers.

 

(三)残疾人权利
3. Rights of Persons with Disabilities

 

残疾人权益保障的法律体系不断完善,政府将残疾人工作纳入重要工作议程。“平等、参与、共享”理念渐入人心,残疾人生存、发展和参与状况明显改善,残疾人事业取得显著进步。
The laws ensuring the rights and interests of persons with disabilities have been improved, and the government has placed work in relation to the disabled high on its agenda. As society promotes equality, participation and sharing of benefits for the disabled, they have fared better in terms of quality of life, development, and participation in social affairs.

 

残疾人权益保障机制日益健全。逐步实现残疾人权益保障法治化,制定残疾人保障法,截至2018年4月,直接涉及残疾人权益保障的法律有80多部,行政法规有50多部。将残疾人事业纳入国家发展战略,先后颁布七个残疾人事业五年发展规划,对残疾人权益保障工作做出总体部署,设立残疾预防日。各级政府完善残疾人工作机制,统筹推进残疾人事业发展。截至2017年,全国设立残疾人法律援助工作站2600余个,建成法律援助便民服务窗口2500余个,各级残疾人联合会建立残疾人法律救助工作站1746个。残疾人事业财政支持大幅增长,2017年,中央预算内投资比上一个五年增长458%,残疾人服务设施达到3822个。
The mechanism for ensuring the rights and interests of the disabled has improved. China has formulated a system of laws to ensure disabled persons’ rights, including the Law on the Protection of Disabled Persons. By April 2018 the state had promulgated more than 80 laws and 50 administrative regulations directly relating to the protection of the rights and interests of the disabled. Having included the development of disabled persons in the national development strategy, China has released seven five-year plans for the development of the disabled, including overall plans for ensuring their rights. China has also established a Disability Prevention Day. All levels of government have improved their work mechanisms in matters related to the disabled, coordinating efforts for their wellbeing. By 2017 China had 2,600 legal assistance centers and 2,500 legal assistance windows for the disabled, as well as 1,746 legal assistance stations funded by disabled persons’ associations at various levels. The government has significantly increased spending on the disabled. In 2017 the central budgetary investment grew by 458 percent compared to the previous five-year period, establishing 3,822 service facilities for the disabled.

 

残疾人社会保障权得到有效落实。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,惠及2100万残疾人。截至2017年,2614.7万城乡残疾人参加城乡社会养老保险,1042.3万残疾人领取养老金;547.2万60岁以下参保的重度残疾人中有529.5万得到了政府参保扶助,代缴养老保险费比例达到96.8%。对贫困残疾人参加医疗保险给予费用减免,将运动疗法等29项医疗康复项目纳入基本医疗保险支付范围。
The disabled persons’ right to social security is ensured. China has established a subsidy system for the living expenses of disabled persons in need and to pay the nursing costs of persons with severe disabilities, benefitting 21 million disabled persons. By 2017 a total of 26.15 million disabled persons were covered in old-age insurance schemes in both urban and rural areas, with 10.42 million receiving old-age pensions. Of the 5.47 million severely disabled people under the age of 60 who took part in such schemes, 5.29 million had received insurance subsidies from the government, which paid for 96.8 percent of their premiums. Impoverished disabled persons subscribing to basic medical insurance pay a reduced premium, and kinesitherapy and 28 other medical rehabilitation programs are now covered by basic medical insurance.

 

残疾人康复权保障体系逐步完善。全面开展残疾预防,深度推进精准康复,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,工作体系、业务格局、运行机制逐步建立,服务能力日益提高。截至2017年,全国已竣工并投入使用的省、市、县三级康复设施833个,全国残疾人专业康复服务机构8334个,在岗人员24.6万人,2000多个县(市、区)开展社区康复服务。建立残疾儿童康复救助制度,为残疾儿童接受基本康复救助提供制度性保障。8个省市建立了残疾人辅助器具补贴制度,减轻了残疾人家庭经济负担。完善工伤康复制度,提高伤残抚恤标准。2017年,残疾人康复服务覆盖率达到65.6%。
The system for ensuring disabled persons’ right to rehabilitation has improved. China has introduced programs on preventing disabilities and implemented targeted rehabilitation programs, so that every disabled person has access to rehabilitation services. The state has issued the Regulations on the Prevention of Disabilities and Rehabilitation of Disabled Persons, building rehabilitation centers with standard practices and operating models, and developing professionals capable of delivering consistent quality services. By 2017 there were 833 rehabilitation facilities at the provincial, city and county levels nationwide, and 8,334 professional rehabilitation services for the disabled, with a team of 246,000 professionals. More than 2,000 counties (cities, districts) provided community rehabilitation services. A mechanism for providing rehabilitation services to disabled children has been established. Eight provinces and municipalities now provide subsidies to the disabled when they buy assistance devices, lightening the economic burden of families with disabled members. The state has improved the work-related injury rehabilitation system, and increased compensation for disabilities caused by work-related injuries. In 2017, 65.6 percent of disabled persons were covered by rehabilitation services.

 

残疾人受教育权保障持续改善。中国保障残疾人享有平等受教育权,颁布修订了《残疾人教育条例》,将残疾人教育纳入《国家中长期教育改革和发展规划纲要(2010-2020年)》和《“十三五”推进基本公共服务均等化规划》,制定实施两期《特殊教育提升计划》,着力办好特殊教育,努力发展融合教育,提高残疾人受教育水平。建立从幼儿园到高等院校的残疾学生资助体系,自2016年秋季起,为家庭经济困难的残疾学生提供从小学到高中阶段的12年免费教育。截至2016年,视力、听力、智力三类残疾儿童义务教育入学率超过90%,其他类别残疾儿童受教育机会明显增加。鼓励特殊教育学校增设学前班或附属幼儿园,将残疾儿童接受学前教育纳入幼儿资助范围。2017年,全国共有特殊教育普通高中班(部)112个,在校生8466人;残疾人中等职业学校(班)132个,在校生12968人;1845名残疾人进入高等特殊教育学院学习。努力发展融合教育。2017年,义务教育阶段普通学校在校残疾学生超过30万人,占义务教育阶段残疾学生总数的比例超过50%,10818名残疾人被普通高等院校录取。
Disabled persons’ right to education is better protected. China ensures that the disabled enjoy equal right to education. The government has promulgated and revised the Regulations on Education for the Disabled, including their education in China’s Middle-and Long-Term Education Reform and Development Program 2010-2020 and the Program for Equitable Access to Basic Public Services During the 13th Five-Year Plan Period. China has twice implemented the Special Education Promotion Plan, striving to develop special education and inclusive education to increase the level of education for the disabled. The state has established a funding system for disabled students from kindergarten to higher education. In autumn 2016 China began to provide 12-year free education from primary to senior high school for disabled students from poor families. By 2016 over 90 percent of children with impaired eyesight, hearing or mental disability had received compulsory education, and children with other types of disability also had increased access to education. The state encourages special education schools to run preschool courses or kindergartens, and has provided funding for disabled children receiving preschool education. In 2017 China had 112 senior high classes (departments) in special education, with 8,466 students on campus, and 132 secondary vocational schools (classes) for the disabled, with 12,968 students. 1,845 disabled persons studied at colleges of special education. China strives to develop inclusive education. In 2017, more than 300,000 disabled students-over 50 percent of all disabled students receiving compulsory education-studied at regular schools during the compulsory education phase, and 10,818 disabled persons were enrolled at regular institutions of higher learning.

 

残疾人文化权利保障取得显著进步。残疾人文化服务纳入国家公共文化服务体系。截至2017年,全国省、地市级电视台共开设电视手语栏目285个,广播电台共开设残疾人专题广播节目223个,省、地、县三级公共图书馆共设立盲文及盲文有声读物阅览室959个,座席数达2.5万个。在全国开展残疾人文化周和“共享芬芳”公益巡演展览等文化活动,每年有200多万残疾人参与。努力发展残疾人特殊艺术,每四年举办一届全国残疾人艺术汇演,每届直接和间接参与的残疾人达10余万人。全国各类残疾人艺术团体快速发展,已达281个,残疾人文化艺术从业人员近30万名。结合文化扶贫、文化助残,实施“文化进社区”“文化进家庭”“盲人数字阅读推广工程”等项目,为基层残疾人提供优秀文化产品和服务。
Disabled persons’ cultural rights are ensured. Cultural services for the disabled have been included in the nation’s public cultural services system. By 2017 China’s provincial-and prefecture-level television stations had run 285 programs employing sign language. Broadcasting stations had aired 223 radio programs specially for the disabled, and public libraries at the provincial, prefecture and county levels had set up 959 reading rooms with books in Braille and audio books, providing some 25,000 seats. Each year, more than 2 million disabled persons take part in cultural weeks and enjoy charity performances and exhibitions nationwide. To develop disabled arts, the state holds a national disabled arts variety show every four years, with some 100,000 disabled persons attending each time. Art troupes of the disabled have grown quickly to 281 in number, and nearly 300,000 disabled persons work in the culture and arts industry. The government provides cultural services to impoverished disabled persons, and to their families and communities. Through the “digital reading” promotion program for visually impaired persons and many other programs, China offers quality cultural products and services to its disabled population.

 

残疾人就业权获得有效保障。残疾人劳动就业的基本权利受到法律的严格保护。省、市、县三级政府建立了专门的残疾人就业服务机构,截至2017年,残疾人就业服务机构近3000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。2013年以来,中国政府为近1800万残疾人建立了就业和培训信息档案,年均新增就业33.3万残疾人。截至2017年,城乡持证残疾人就业人数达到942.1万人。
Disabled persons’ right to employment is effectively guaranteed. The basic right of disabled persons to employment is strictly protected by law. In China, the provincial, city and county governments have established offices in service of disabled persons seeking employment. By 2017 there were nearly 3,000 such offices with a staff of 15,000. China has initiated an occupational skills promotion program for the disabled, setting up 500 state-level and 350 provincial-level vocational training bases. Since 2013 the Chinese government has kept files on employment and training for 18 million disabled persons, and each year some 333,000 disabled persons enter the workforce. By 2017 more than 9.42 million registered disabled persons were working in urban and rural areas.

 

无障碍环境支持与辅助器具服务加速推进。制定并实施《无障碍环境建设条例》,在无障碍设施建设、信息交流、社区服务等方面作出规定,保障残疾人等社会成员平等参与社会生活。截至2017年,全国共出台451个省、地市、县级无障碍建设与管理的法规、规章和规范性文件。2016年至2017年共有182.8万个残疾人家庭得到无障碍改造。信息无障碍建设步伐加快,截至2018年1月,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。累计建立残疾人健身示范点9053个,22.2万户重度残疾人享受到康复体育关爱家庭项目服务。2017年,有244.4万残疾人得到盲杖、助视器、假肢等各类辅助器具适配服务。维护残疾人驾驶机动车权利,已有16万残疾人领取了机动车驾驶证,残疾人个人行动和社会参与能力得到提升。
More barrier-free facilities and assistance devices have been provided. China has released the Regulations on the Building of Barrier-Free Environments, with provisions on the building of barrier-free facilities, information exchange, and community services, in an effort to ensure that disabled persons can participate equally in social life. By 2017 a total of 451 laws, regulations and normative documents on the construction and management of barrier-free facilities had been issued at the provincial, prefecture and county levels. Between 2016 and 2017 the government helped 1.83 million families with disabled members renovate their homes with barrier-free facilities. China is moving faster to provide barrier-free information services. By January 2018 more than 500 government organs had set up barrier-free public service information platforms, and more than 30,000 websites on government affairs and public services are barrier-free. A total of 9,053 fitness facilities for the disabled have been established, and 222,000 families with severely disabled members have received rehabilitation and fitness services. In 2017 2.44 million disabled persons were provided with tactile sticks, visual aids, artificial limbs and other assistance devices. The disabled persons’ right to drive motor vehicles is protected. Some 160,000 disabled persons who have obtained their drivers’ licenses can now travel and take part in various activities more freely.

五、全面加强人权法治建设
V. Comprehensively Promoting the Rule of Law for Human Rights

 

改革开放40年来,从加强法制到依法治国再到全面依法治国,中国将人权保障贯穿于科学立法、严格执法、公正司法、全民守法诸环节,努力建设社会主义法治国家,人权法治化保障水平不断迈上新台阶。
Over the four decades since the launch of reform and opening up, from strengthening the legal system, to governing the country by law, and thence to comprehensively promoting the rule of law, China has worked hard to protect human rights throughout. It has endeavored to ensure that a well-conceived approach is taken to legislation, that law is strictly enforced, that justice is impartially administered, and that the law is observed by everyone. Striving to build a socialist country under the rule of law, it has made new progress in the legal protection of human rights.

 

(一)构建了较为完备的人权保障法律规范体系
1. Establishing the Legal Framework to Protect Human Rights

 

中国逐步建立了以宪法为核心,以宪法相关法、民法商法等多个法律部门的法律为主干,由法律、行政法规、地方性法规等多个层次的法律规范构成的中国特色社会主义法律体系,涵盖人权保障各层面的法律法规已经比较完备。
China has gradually established a socialist legal framework with Chinese characteristics. In this framework, the Constitution is at the core, and laws related to the Constitution, the Civil Law, the Commercial Law, and other legal departments are the main body, covering laws, administrative regulations, and local laws and regulations at multiple levels. The laws and regulations covering all levels of human rights protection are relatively complete.

 

保障公民及政治权利的法律规范不断完善。立法法规定,有关犯罪和刑罚、对公民政治权利的剥夺和限制人身自由的强制措施和处罚、司法制度等事项,只有全国人大及其常委会有权立法。刑法确立罪刑法定原则、适用刑法人人平等原则、罪责刑相适应原则,刑事诉讼法将“尊重和保障人权”写入总则,明确规定无罪推定原则、非法证据排除规则,既依法打击侵犯公民生命、健康、自由、财产等权利的犯罪行为,又重视保护犯罪嫌疑人、被告人和罪犯依法享有的人权。选举法、集会游行示威法、民族区域自治法以及宗教、信访、出版、社团登记等方面的行政法规,对保障公民及政治权利作出了明确规定。国家安全法、反间谍法、反恐怖主义法、网络安全法、国家情报法、核安全法等法律,为维护公民人身财产安全、公共安全和国家安全提供坚实的法制保障。
The legal norms guaranteeing civil and political rights have been improved. The Legislation Law stipulates that only the National People’s Congress and its Standing Committee have the power to legislate on matters concerning criminal offences and penalties, compulsory measures and penalties involving deprivation of a citizen’s political rights or restriction of personal freedom, the justice system, and others. The Criminal Law establishes three principles: 1) Any act deemed by explicit stipulations of law as a crime should be prosecuted and punished as such, and any act not deemed by explicit stipulations of law as a crime is not to be prosecuted or punished. 2) Everyone is equal before the law. No one is permitted to have privileges to transgress the law. 3) The severity of punishments must be commensurate with the crime committed by an offender and the criminal responsibility is to be borne by the offender. The Criminal Procedure Law contains in its General Provisions the principle to “respect and protect human rights”. It also clearly stipulates the principle of presumption of innocence and the rules for the exclusion of illegal evidence. It proscribes criminal acts infringing upon citizens’ rights to life, health, freedom, property, etc. by law, while attaching importance to protecting the human rights enjoyed by criminal suspects, accused persons, and criminals in accordance with the law. The Election Law, Law on Assemblies, Processions and Demonstrations, Law on Regional Ethnic Autonomy, and administrative regulations on religion, letters and visits, publishing, and association registration have clear articles on the protection of civil and political rights.The National Security Law, Counter-Espionage Law, Counter-Terrorism Law, Cyber Security Law, National Intelligence Law, Nuclear Safety Law and other laws provide a solid legal basis for guaranteeing personal and property security, public security and national security.

 

保障经济社会文化权利的法律规范更加健全。制定民法通则、民法总则等民事法律,保障公民人身权、人格权、财产权。制定就业促进法、劳动合同法、工会法、职业病防治法等法律,保障公民劳动权。出台社会保险法,建立并完善统筹城乡的社会保障体系,落实社会保障权。制定食品安全法、药品管理法、传染病防治法、中医药法、体育法、全民健身条例等法律法规,保护公民生命权、健康权。制定修订教育法、义务教育法、高等教育法、教师法等法律,推动教育均衡发展,保障公民受教育权。制定文物保护法、非物质文化遗产法、公共文化服务保障法、电影产业促进法、公共图书馆法、博物馆条例、公共文化体育实施条例等法律法规,丰富公共文化服务内容,保障公民文化权益的实现。逐渐完善以专利法、商标法、著作权法为核心的知识产权法律法规体系,依法保障无形财产权利,不断加大知识产权保护力度,激发创新主体积极性,促进知识产权运用。制定环境保护法、大气污染防治法、土壤污染防治法、水污染防治法、海洋环境保护法、水土保持法等生态环境法律法规,建立环境侵权诉讼和公益诉讼程序规则,为人民享有环境权利提供牢固法律保障。
The legal norms guaranteeing economic, social and cultural rights have been improved. China has enacted the General Principles of the Civil Law, General Provisions of the Civil Law and other civil laws to protect citizens’ personal rights, right to dignity, and property rights. It has enacted the Employment Promotion Law, Labor Contract Law, Trade Union Law, Law on the Prevention and Control of Occupational Diseases, and other laws to guarantee citizens’ labor rights. It has promulgated the Social Insurance Law, and established a sound social security system for urban and rural development, ensuring citizens’ right to social security. It has formulated the Food Safety Law, Pharmaceutical Administration Law, Law on Prevention and Control of Infectious Diseases, Law on Traditional Chinese Medicine, Law on Physical Culture and Sports, Regulations on National Fitness, and other laws and regulations to protect citizens’ right to life and health. It has enacted and revised the Education Law, Compulsory Education Law, Higher Education Law, Teachers Law and other laws to promote balanced development of education and protect citizens’ right to education. It has formulated the Cultural Relics Protection Law, Intangible Cultural Heritage Law, Public Cultural Service Guarantee Law, Film Industry Promotion Law, Law on Public Libraries, Regulations on Museums, and Regulations on Public Cultural and Sports Facilities, and other laws and regulations to enrich public cultural services and extend citizens’ cultural rights and interests. It has gradually improved the legal system of intellectual property protection with the Patent Law, Trademark Law and Copyright Law at the core in the efforts to protect by law intangible property rights, strengthen intellectual property protection, motivate subjects of innovation, and promote application of intellectual property rights. It has enacted the Environmental Protection Law, Atmospheric Pollution Prevention and Control Law, Soil Pollution Prevention and Control Law, Water Pollution Prevention and Control Law, Marine Environment Protection Law, Water and Soil Conservation Law, and other environmental laws and regulations, and established procedures and rules for environment-related tort litigation and public interest litigation to provide a solid basis for guaranteeing people’s environmental rights.

 

(二)形成严格公正的人权保障执法体系

2. Establishing a Strict and Impartial Law Enforcement System for Human Rights Protection

 

中国不断强化依法行政,通过建设职能科学、权责法定、执法严明、公开公正、廉洁高效、守法诚信的法治政府,将人民权益得到切实有效保障作为法治政府的衡量标准和最终目标,在严格执法、执法为民中尊重和保障人权。
China has constantly strengthened law-based administration. By building a law-based government that has well-conceived functions and statutorily-defined powers and responsibilities, strictly enforces the law, and is open and impartial, clean and efficient, and credible and law-abiding, it has made the effective protection of people’s rights and interests a criterion and an ultimate goal of government. It respects and protects human rights in strictly enforcing the law on behalf of the people.

 

依法确定行政权力界限。确立法无授权不可为的行政执法原则,实施权力清单、责任清单制度,禁止法外设权、违法用权。行政诉讼法为监督行政机关依法行使权力和维护公民合法权利提供明确法律依据,自颁布实施以来,平均每年受理行政案件10万余件。持续深化“放管服”改革,加快转变政府职能,削减国务院部门行政审批事项,彻底终结非行政许可审批,大幅减少中央政府层面核准的企业投资项目、行政审批中介服务事项、职业资格许可和认定等。
Delimiting administrative power in accordance with the law. China has established a principle for administrative law enforcement that administrative bodies should not do things not mandated by law, 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. The Administrative Litigation Law provides a clear legal basis for supervising administrative bodies’ exercise of powers in accordance with the law and safeguarding the legitimate rights of citizens. Since the law was enacted and came into force, on average more than 100,000 administrative cases have been accepted each year. 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. It has cut down the number of items subject to administrative examination and approval by the State Council departments, completely ruled out examination and approval for non-administrative licenses, and substantially reduced enterprise investment projects subject to approval by central authorities, intermediary services subject to administrative examination and approval, and licensing and recognition of professional qualifications.

 

不断完善行政执法程序。建立健全行政裁量权基准制度,细化行政裁量标准,规范裁量范围、种类、幅度。健全行政执法调查取证、告知、罚没收入管理等制度,明确听证的适用条件,严格执行重大行政执法决定法制审核制度,全方位实施政府法律顾问制度。推行行政执法公示制度和执法全过程记录制度,实现全过程留痕和可回溯管理。加强行政执法信息化建设和信息共享,推动建立统一的行政执法信息平台,完善网上执法办案及信息查询系统。
Improving procedures for administrative law enforcement. China has established a sound system of benchmarks for administrative discretion, specifying the standards for administrative discretion as well as defining its scope, categories, and scale. It has improved the systems for conducting investigations, collecting evidence, notifying people subject to the administrative law enforcement of their right, managing confiscated income, and other areas of administrative law enforcement, clarified the conditions applicable to hearings, strictly implemented the system for reviewing the legality of major administrative law enforcement decisions, and carried out the system of creating legal counsel teams in government departments at all levels. It has implemented a system of disclosing information on administrative law enforcement and a system for recording the entire enforcement process so that every case of such enforcement is traceable. It has strengthened IT application and information-sharing in administrative law enforcement, worked to establish a unified information platform for administrative law enforcement, and improved the online case handling and information inquiry system.

 

深入推进严格规范公正文明执法。大力推进执法规范化建设,规范执法权力运行,着力推进执法公开,构建高效、便捷、公正、透明的执法机制。完善执法质量考评和责任追究机制,有效规范执法人员执法行为,保障行政管理相对人合法权益。开展综合行政执法体制改革试点,整合执法职能部门,推行综合执法,加大对重点领域的执法力度。健全行政执法人员资格管理制度,将通过全国统一法律职业资格考试作为部分行政执法人员的任职条件。全面建设法治公安,着力提升民警执法素质,实行民警执法资格等级考试制度,截至2018年9月,全国公安机关在职民警共有170.04万人取得基本级执法资格,4.77万人取得高级执法资格。
Promoting strict, procedure-based, impartial and non-abusive law enforcement. China has made great efforts to regulate the exercise of law enforcement powers, promoted transparency in law enforcement, and worked hard to build an efficient, convenient, fair and transparent law enforcement mechanism. It has improved the mechanisms of quality evaluation and accountability of law enforcement, effectively regulating law enforcement officials’ conduct and protecting the legitimate rights and interests of persons or parties subject to their actions. It has carried out pilot reforms of the comprehensive administrative law enforcement system, integrated law enforcement functional departments, promoted comprehensive law enforcement, and strengthened law enforcement in key areas. China has improved the qualification management system for administrative law enforcement personnel, and required defined personnel to pass the unified national qualification exam of legal profession. It has worked hard on every aspect of a law-abiding public security system and the quality of law enforcement by police, and it has implemented the system of qualification exams for law enforcement police officers. By the end of September 2018, 1,700,400 police officers all over the country had basic-level certification for law enforcement and 47,700 had gained upper-level certification.

 

(三)有效提升人权司法保障水平
3. Effectively Enhancing Judicial Protection of Human Rights

 

中国以宪法、人民法院组织法、人民检察院组织法以及相关诉讼法为法律依据,建立健全公安机关、检察机关、审判机关、司法行政机关各司其职,侦查权、检察权、审判权、执行权相互配合、相互制约的司法体制机制,加强人权司法保障,完善国家赔偿制度、司法救助制度,坚持司法为民,努力让人民群众在每一个司法案件中都感受到公平正义。
Based on the Constitution, Organic Law of the People’s Courts, Organic Law of the People’s Procuratorates, and relevant procedure laws, China has put in place sound judicial institutions by which public security organs, procuratorial organs, judicial organs, and judicial administrative organs perform their own functions, and cooperate and check each other in the exercise of the investigative, procuratorial, judicial, and enforcement powers. China has strengthened judicial protection of human rights, improved the state compensation system and judicial assistance system, put people first in its judicial system, and endeavored to embody fairness and justice in each and every legal case.

 

在深化司法改革中推进人权司法保障。先后发布四个“人民法院五年改革纲要”和三个“人民检察院检察改革三年意见”。中共十八届三中全会和十八届四中全会把加强和完善人权司法保障纳入全面深化改革和全面推进依法治国战略布局。保障人民法院、人民检察院依法独立公正行使审判权、检察权,实行人财物省级统一管理,设立最高人民法院巡回法庭,设立跨行政区划人民法院和人民检察院。实行法官检察官员额制,司法人员正规化、专业化、职业化水平进一步提升。实行立案登记制,保障当事人诉权。推进以审判为中心的诉讼制度改革,保证庭审在公正裁判中发挥决定性作用。实行司法责任制,加强对司法活动的监督。改革和完善人民陪审员制度,促进司法公正,提升司法公信力。建成审判流程、庭审活动、裁判文书、执行信息四大公开平台,深化司法公开。
Promoting judicial protection of human rights in extended judicial reform. China has issued four outlines for five-year reform of the people’s courts and three decisions on three-year reform of the people’s procuratorates. The 18th CPC Central Committee incorporated the need to strengthen and improve judicial protection of human rights into the plan of deeper-level reform at the Third Plenary Session, and into the plan of comprehensively advancing the rule of law at the Fourth Plenary Session. It has enabled the people’s courts to exercise judicial power and people’s procuratorates to exercise procuratorial power independently and impartially in accordance with the law. It has carried out unified management of personnel and financial assets at provincial level. The Circuit Court of the Supreme People’s Court has been set up, and people’s courts and people’s procuratorates across administrative boundaries have been established. China has adopted a quota system for judges and procurators, enabling judicial personnel to be more regularized and professional. China has implemented a case docketing and registration system to protect the rights of the parties concerned. It has further reformed the trial-centered litigation system to ensure that court trials play a decisive role in impartial adjudication, and implemented the judicial responsibility system to strengthen supervision over judicial activities. China has reformed and improved the system of people’s jurors to promote judicial justice and enhance judicial credibility. It has established four major platforms for releasing information on judicial process, trials, written judgments, and the execution of judgments to promote judicial openness.

 

保障当事人获得公正审判的权利。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。推进刑事案件律师辩护全覆盖试点工作,努力保障所有刑事案件被告人都能获得律师辩护,促进司法公正。严格遵循证据裁判原则,对证据不足不构成犯罪的依法宣告无罪,坚决防止和纠正冤假错案。中国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。建立完善法律援助制度,扩大被援助人覆盖范围,为犯罪嫌疑人、被告人提供法律咨询、辩护。截至2018年9月,全国共设立法律援助机构3200余个,法律援助工作站7万余个,建立看守所法律援助工作站2500多个,法院法律援助工作站3300多个,实现在看守所、人民法院法律援助工作站全覆盖。
Ensuring that all parties enjoy the right to fair trial. China has fully guaranteed the right of criminal suspects and defendants to defense. 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. It has launched a pilot program of full coverage of legal defense in criminal cases to ensure that defendants in all criminal cases can obtain legal defense in order to promote judicial justice. China strictly follows the principle of evidence-based adjudication to resolutely prevent and correct wrongful convictions. Suspects are acquitted in accordance with the law when the evidence does not support the allegation that a crime has been committed. China strictly controls and carefully uses the death penalty; the number of capital offences has been substantially reduced. In 2007, the Supreme People’s Court took back the right to review all capital sentences. China has established a sound legal aid system and expanded its coverage to provide legal advice and defense for criminal suspects and defendants. As of September 2018, the country had established some 3,200 legal aid institutions and more than 70,000 legal aid workstations, including some 2,500 in detention centers and 3,300 in courts, realizing full coverage of legal aid workstations in detention centers and people’s courts.

 

保障犯罪嫌疑人、被告人、服刑人及刑满释放人员合法权利。出台《看守所条例》,并正在起草制定看守所法,进一步保障被羁押人的人格尊严及律师会见、申诉、医疗等合法权利。制定并严格执行监狱法,保障罪犯人格尊严不受侵犯,人身权、生命健康权、受教育权等得到维护,深化狱务公开。出台《律师会见监狱在押罪犯规定》,开展罪犯离监探亲活动,有效保护罪犯合法权利。建立社区矫正制度,依法扩大非监禁刑适用,促进社区服刑人员顺利回归社会。截至2018年9月,全国已累计接收社区服刑人员412万人,解除矫正342万人,现有社区服刑人员70万人,矫正期间再犯罪率一直处于0.2%左右的较低水平。健全完善刑满释放人员救助管理制度,对符合条件的刑满释放人员落实最低生活保障、临时救助等救助措施,落实就业扶持政策,提高刑满释放人员就业能力。
Guaranteeing the legitimate rights and interests of criminal suspects, defendants, prisoners and people released after serving their sentence. China has published the Regulations on Detention Centers, and is drafting the law on detention centers. With these, China further guarantees the dignity and legitimate interests of detainees, and the right to meet lawyers, appeal, and receive medical treatment. It has formulated and strictly enforced the Prison Law, ensuring that criminals’ personal dignity is not violated, and their personal rights, right to life and health, and right to education are safeguarded, and that prison affairs are open to the public. It has published the Provisions on Meetings Between Lawyers and Prison Inmates, and carried out activities for prison inmates to leave prisons and visit relatives, effectively protecting the legal rights of convicted criminals. China has established the system of community correction. Community correction, or non-custodial correction penalties, was imposed on those whose crimes are relatively minor and who have been sentenced to public surveillance, probation, release on parole, and temporary sanction outside prison. By the end of September 2018, a total of 4.12 million persons throughout the country had received community correction orders. Of these, 3.42 million had completed their correction, and 700,000 were still subject to their correction orders. The recidivism rate in the case of those assigned to community correction is low, only 0.2 percent. China has improved the assistance and management system for people released after completing their prison sentence. It provides subsistence allowances, temporary assistance and other aids for those eligible, and carries out employment support policies to improve the employability of people released upon completion of their sentence.

 

建立健全国家赔偿制度和司法救助制度。颁布国家赔偿法,不断完善行政赔偿、刑事赔偿和非刑事司法赔偿制度,增加精神损害赔偿,提高赔偿标准,保障赔偿金及时支付。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2018年的284.74元人民币。2013年至2018年6月,各级人民法院受理国家赔偿案件22821件。不断完善司法救助制度,出台《关于开展刑事被害人救助工作的若干意见》等文件,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。2013年至2017年,发放司法救助金26.7亿元,帮助无法获得有效赔偿的受害人摆脱生活困境。
Improving the state compensation system and judicial aid system. China has promulgated the State Compensation Law, and continued to improve systems of administrative compensation, criminal compensation and non-criminal judicial compensation. It has increased compensation for infliction of mental distress, raised standards of compensation, and guaranteed that compensation is paid in a timely manner. The daily compensation for violation of citizens’ personal liberty has risen from RMB17.16 yuan in 1995 to RMB284.74 in 2018. From 2013 to June 2018, the people’s courts at all levels accepted 22,821 cases involving state compensation. China has continued to improve the judicial aid system. It has published Decisions on the Work of Relieving Criminal Victims and several other documents, while establishing a judicial aid committee to actively dovetail judicial aid with social assistance and legal aid. From 2013 to 2017, RMB2.67 billion of judicial aid was granted to help victims in difficulty who had not been able to obtain effective compensation.

 

切实解决执行难,保障胜诉当事人权利实现。建立健全民事裁判文书强制执行机制,建立失信被执行人信用监督、威慑和惩戒法律制度,建立全国统一的网络执行查控体系、信用惩戒网络系统和网络司法拍卖平台。2016年至2018年9月,全国法院共受理执行案件1884万件,执结1693.8万件(含终本案件),执行到位金额4.07万亿元。规范查封、扣押、冻结、处理涉案财物的司法程序,在保障胜诉当事人权益的同时,不损害被执行人合法权利。
Effectively resolving difficulties in the execution of court rulings and ensuring the interests of successful litigants. China has established a sound mechanism for compulsory execution of civil judgment documents and a legal system of credit supervision, warning and punishment over dishonest debtors who have failed to respect judgements. It has also established a national online check and control system about the execution of court rulings, a network system for punishment of loss of credit, and a platform for online judicial auctions. From 2016 to September 2018, courts across the country heard a total of 18.84 million applications for execution, of which 16.94 million (including terminated enforcement procedures) were concluded. They involved sums amounting to RMB4.07 trillion. China has regulated judicial procedures for securing, detaining, freezing, and handling assets involved, thus protecting the rights and interests of successful litigants while not infringing the legal rights of judgement debtors.

 

(四)建立严密的反腐法治体系
4. Establishing a Tight Rule of Law System Against Corruption

 

中国大力推进法治反腐,把权力关进制度的笼子,为加强人权法治化保障提供有力支撑。
China has worked hard to promote the rule of law against corruption, and confine the exercise of power to an institutional cage, providing strong support for the legal protection of human rights.

 

完善反腐败体制机制。1978年,各级检察机关设立反贪污贿赂和法纪检察内设机构,严厉打击各类贪污贿赂渎职犯罪;1995年和2005年,最高人民检察院分别成立反贪污贿赂总局和反渎职侵权局;2007年,设立国家预防腐败局。2018年,通过宪法修正案并制定监察法,组建国家监察委员会,实现对所有行使公权力的公职人员监察全覆盖。
Improving anti-corruption institutions. In 1978, procuratorial organs at all levels set up internal units to act against corruption and bribery, and units of law and discipline inspection to crack down on all crimes of corruption, bribery and malfeasance. The Supreme People’s Procuratorate set up the General Administration Against Corruption and Bribery in 1995 and the Bureau Against Malfeasance and Tort in 2005. In 2007, the National Bureau of Corruption Prevention was founded. In 2018, the Constitution of the PRC was amended, the Supervision Law was enacted, and the National Supervisory Commission was set up, covering all public officials exercising public power.

 

坚决开展反腐败斗争。中国共产党和中国政府坚定不移地开展党风廉政建设和反腐败斗争,坚持无禁区、全覆盖、零容忍,坚持重遏制、强高压、长震慑,坚持受贿行贿一起查,持续保持惩治腐败高压态势。2012年12月至2018年9月,全国纪检监察机关共立案215.3万件,处分213.2万人。2012年12月至2017年9月,涉嫌犯罪被移送司法机关处理5.8万人。坚决整治群众身边的腐败,特别是扶贫、教育、医疗、食品药品及涉黑“保护伞”等领域腐败问题,2015年至2018年9月,共查处侵害群众利益的腐败和作风问题39.98万件,处理51.21万人。深化国际反腐败合作,公布百名外逃人员红色通缉令,连续组织开展“天网行动”。2014年至2018年9月,共从120多个国家和地区追回外逃人员4719人,追赃103.72亿元,“百名红通人员”已有54名落网。
Resolutely fighting against corruption. The CPC and the Chinese government have worked hard to enhance Party conduct, uphold clean government, and fight corruption. Showing zero tolerance for corruption, the campaign covers all those holding public office without exception. China imposes tight constraints, maintains a tough stance and a long-term deterrence, punishes both those who take bribes and those who offer them, and maintains a tough position on fighting corruption. From December 2012 to September 2018, commissions for discipline inspection and departments of supervision around the country filed a total of 2,153,000 cases and disciplined 2,132,000 persons. From December 2012 to September 2017, 58,000 cases of suspected criminal activity were transferred to the judiciary. China has resolutely fought corruption that directly affects ordinary people’s lives, especially in the areas of poverty alleviation, education, medical care, food and medicine, and criminal syndicate-related “protection” rackets. From 2015 to September 2018, a total of 399,800 cases of corruption and misconduct that undermine the people’s interests were investigated, and 512,100 people were dealt with. China has strengthened international cooperation against corruption, published a list of 100 most-wanted fugitives, and organized a series of “Sky Net” operations. From 2014 to September 2018, 4,719 fugitives were brought back from more than 120 countries and regions, including 54 on the list of 100 most-wanted fugitives, and illegal assets worth RMB10.37 billion were recovered.

 

(五)营造人权法治保障的良好氛围
5. Building a Positive Atmosphere for the Legal Protection of Human Rights

 

注重提高全社会的人权法治意识,夯实人权法治化保障的社会基础。自1986年开始在全国范围内连续实施七个5年普法计划,普及人权法治观念,实行国家机关“谁执法谁普法”普法责任制。确定每年12月4日为国家宪法日,开展宪法教育,促进依法保障人权观念深入人心。注重把法治与人权教育纳入国民教育体系,在中小学教育中融入人权基础知识,在高校开设人权法学等人权类课程。设立国家人权教育与培训基地,出版《人权》《人权研究》等特色鲜明的专业刊物,面向各级领导干部、不同阶层群体开展专项人权培训。中国人权研究会等社会组织大力推进人权研究、教育和知识普及,共同为保障人权奠定坚实的社会基础。
Enhancing public awareness of the rule of law for human rights and laying a strong foundation for the legal protection of human rights. Since 1986, China has implemented seven nationwide five-year plans on enhancing public legal awareness, popularizing the rule of law for human rights. It has also carried out a responsibility program in which state law enforcement departments are responsible for strengthening public legal awareness. China has set December 4 as National Constitution Day, and carried out constitutional education to promote legal protection of human rights to the public. China has incorporated education on the rule of law and human rights into the national education system. Basic knowledge of human rights has been integrated into primary and secondary education, and human rights law and other courses related to human rights are offered in universities. China has set up national human rights education and training bases. Professional periodicals including Human Rights and Human Rights Studies are published in China. Special human rights training programs are conducted for officials at all levels and different strata or groups of people. Social organizations such as the China Society for Human Rights Studies have made great efforts to advance human rights research and education and promote knowledge of the subject, laying a solid social foundation for safeguarding human rights.

六、努力推动各国人权事业共同发展
VI. Facilitating the Development of Human Rights in the World

 

改革开放40年来,中国在大力推进自身人权事业发展的同时,积极与世界分享人权事业发展经验,为各国创造更多的发展机遇。中国秉持共商共建共享全球治理观,把为人类作出新的更大贡献作为自己的使命,倡导并推进生存权、发展权、和平权等各项人权在世界范围内的实现,努力为世界人权事业发展作出贡献。
Over the past 40 years of reform and opening up, China has redoubled its efforts to promote human rights, sharing its experience in this regard with the rest of the world, and creating more development opportunities for all countries. China follows the principle of achieving shared growth through discussion and collaboration in global governance, with a mission of making more and greater contributions to humanity. China values the rights to subsistence, development and peace and all other human rights, and strives to further this cause throughout the world.

 

加大发展援助。多年来,中国在减贫、教育、卫生、基础设施、农业生产等领域向亚洲、非洲等发展中国家援建的农业、工业、交通运输、能源电力、信息通讯等重大基础设施项目,帮助发展中国家满足基础设施建设需求、破除发展瓶颈,在保障当地民众民生权利实现方面发挥了重要作用。1950年至2016年,中国在自身长期发展水平和人民生活水平不高的情况下,累计对外提供援款4000多亿元人民币,实施各类援外项目5000多个,其中成套项目近3000个,举办11000多期培训班,为发展中国家在华培训各类人员26万多名。截至2017年,中国先后向亚洲、非洲、拉丁美洲和加勒比、欧洲和大洋洲的72个国家和地区累计派遣医疗队员2.5万人次,诊治患者2.8亿人次,挽救了无数生命,赢得了受援国政府和人民的高度评价。
Increasing foreign assistance. Over the years, China has provided foreign assistance to Asian and African developing countries for use in poverty reduction, education, healthcare, agriculture and infrastructure, involving major construction projects in agriculture, industry, transport, energy and power, information technology and communication, helping resolve national problems and safeguard the local peoples’ life needs. From 1950 to 2016, despite its own limited development and living standards, China provided RMB400 billion of foreign aid to other countries, conducted over 5,000 foreign assistance projects-of which almost 3,000 are turn-key projects-and organized 11,000 training programs in China for more than 260,000 persons from other developing countries. By 2017 China had dispatched 25,000 medical workers to 72 countries and regions in Asia, Africa, Latin America, the Caribbean, Europe and Oceania, who have treated 280 million patients and saved countless lives, winning high praise from the governments and peoples of the recipient countries.

 

提升发展能力。中国国家主席习近平近年来多次在国际场合宣布一系列重大对外援助倡议和举措,充分彰显了中国促进人类共同发展的大国责任和历史担当。中国在南南合作框架下稳步扩大对其他发展中国家的援助规模,注重打造或提升区域合作平台,充分借助上海合作组织、金砖国家、中国-东盟(10+1)会议、中国东盟博览会、澜沧江-湄公河合作机制以及中非合作论坛、中拉论坛、中阿合作论坛等机制的带动作用,不断提升各国发展能力。中国提出“一带一路”倡议,发起成立亚洲基础设施投资银行和新开发银行,设立丝路基金和南南合作援助基金,设立中国国际发展知识中心,设立南南合作与发展学院,支持和帮助受援国增强自主发展能力、减少贫困、改善民生、保护环境,为各国人民发展权的实现创造更好条件。中国在吉布提、斯里兰卡科伦坡、马来西亚关丹的港口、产业、城市融合发展模式得到沿线国家的积极认同。稳步加大对外援助培训力度,通过举办培训班、派出管理人员和技术专家、派出青年志愿者、提供奖学金名额等方式,为发展中国家举办各类政府官员研修、学历学位教育、实用技术培训以及其他人员交流项目,及时分享发展经验和实用技术。2013年至2017年间,在“一带一路”沿线国家建设的经贸合作区,带动东道国就业超过20万人。“中非十大合作计划”相关项目实施后,将帮助非洲新增约3万公里的公路里程、超过900万吨/日的清洁用水处理能力,为非洲国家创造近90万个就业岗位。其中,蒙内铁路自2017年开通后,拉动肯尼亚国内生产总值增长1.5%至2%。
Improving development capacity. In recent years, President Xi Jinping has announced a raft of foreign assistance initiatives and measures, which fully demonstrate that China as a major country lives up to its responsibility for advancing the interests of humanity. Within the framework of South-South cooperation China has steadily expanded its assistance to other developing countries, with more efforts to build and improve platforms for regional cooperation, while fully relying on mechanisms such as the Shanghai Cooperation Organization (SCO), BRICS, the ASEAN Plus China (10+1) Summit, China-ASEAN Expo (CAEXPO), Lancang-Mekong Cooperation (LMC), the Forum on China-Africa Cooperation (FOCAC), China-CELAC Forum, and China-Arab States Cooperation Forum (CASCF). All are designed to improve the development capacity of the countries involved. China has proposed the Belt and Road Initiative, initiated the Asian Infrastructure Investment Bank (AIIB) and the New Development Bank (NDB) for development projects in BRICS, set up the Silk Road Fund and the Assistance Fund for South-South Cooperation, and founded the Center for International Knowledge on Development (CIKD) and the Institute of South-South Cooperation and Development (ISSCAD). All the above are aimed to encourage the recipient countries to enhance their capacity for self-development, reduce poverty, improve their people’s living standards, and protect the environment. The port-industry-city integrated development model, initiated by China and adopted by Djibouti, Colombo in Sri Lanka and Kuantan in Malaysia, has been welcomed by these Belt and Road countries. China is steadily increasing foreign assistance training. By organizing training courses, dispatching management personnel, technical professionals and young volunteers, and offering scholarships, China has provided advanced study and training for government officials, higher education degree and diploma programs, and technical training and exchange programs for various kinds of personnel from other developing countries, to share development experience and technologies in a timely manner. From 2013 to 2017, by establishing economic and trade cooperation zones in the Belt and Road countries, China helped create more than 200,000 jobs in the host countries. Once the 10 major China-Africa cooperation programs are in place, they will help Africa add a total highway length of nearly 30,000 km, add clean water treatment capacity of over 9 million tons/day, and create about 900,000 jobs. The Mombasa-Nairobi Standard Gauge Railway (SGR), which opened to traffic in 2017, has helped increase Kenya’s GDP by 1.5-2 percent.

 

开展人道救援。改革开放之初,中国的人道主义援助以支援发展中国家应对严重自然灾害为主,其中包括向遭受严重旱灾的一大批非洲国家、遭受特大风灾的孟加拉国等国提供紧急援助。2001年以来,中国逐渐加大对国际人道主义援助体系的参与度,积极参与联合国机构主导的国际人道主义援助活动,援助规模逐年扩大。自2004年以来,中国累计提供国际人道主义援助300余次,平均年增长率为29.4%。所提供援助包括向东南亚国家提供防治禽流感技术援助;就几内亚比绍蝗灾和霍乱,墨西哥甲型H1N1流感,非洲埃博拉、黄热病、鼠疫等传染病疫情,伊朗、海地、智利、厄瓜多尔、墨西哥地震,马达加斯加飓风,印度洋海啸,巴基斯坦洪灾,美国卡特里娜飓风,智利山火,加勒比有关国家飓风等提供物资、现汇和人员等人道主义援助等;向朝鲜、孟加拉国、尼泊尔等国提供粮食等人道主义物资援助。2014年3月西非多国爆发埃博拉疫情,中国向受灾地区提供四轮援助,总额达7.5亿元人民币,派出专家和医护人员累计超过1000人次。中国不断制定并完善有关国际人道主义救援法律法规和工作机制,重视加强与联合国机构和民间组织在人道主义援助领域的合作。1979年中国加入联合国儿童基金会、世界粮食计划署,恢复了在联合国难民署执委会的活动,并多次向其捐款捐物。中国红十字会、中华慈善总会、中国福利会、中国扶贫基金会等社会团体、民间组织和一些企业甚至个人都参与其中,切实向国际社会传达中国积极参与国际人道主义救援、切实维护人权的真实愿望。
Providing humanitarian relief. In the early days of reform and opening up, China’s humanitarian relief focused on helping other developing countries respond to severe natural disasters. This included emergency aid to a number of African countries stricken by severe droughts and to Bangladesh hit by windstorms. After 2001, China increased its participation in international humanitarian relief, taking an active part in activities launched by UN organizations and expanding its share of aid year by year.

Since 2004, China had provided over 300 international humanitarian relief programs, with an average annual growth rate of 29.4 percent. These relief programs mainly comprise:

・ technical aid to Southeast Asian countries against avian influenza;

・ material and personnel assistance and assistance in cash

・ to Guinea-Bissau against locust plague and cholera,

・ to Mexico against A/H1N1 flu,

・ to Africa against Ebola, yellow fever, plague and other infectious diseases,

・ to Iran, Haiti, Chile, Ecuador and Mexico against earthquakes,

・ to Madagascar against hurricanes,

・ to Indian Ocean countries against tsunami,

・ to Pakistan against floods,

・ to the US against Hurricane Katrina,

・ to Chile against mountain fires,

・ to the Caribbean countries against hurricanes;

・ food and goods assistance to the DPRK, Bangladesh and Nepal.

In March 2014 when Ebola broke out in many West African countries, China provided four rounds of humanitarian relief, with a total value of RMB750 million, and deployed more than 1,000 experts and medical workers.

China has enacted laws and regulations on international humanitarian relief and improving its related working mechanisms, and forged stronger cooperation on humanitarian relief with UN organizations and NGOs. In 1979, China joined the United Nations International Children’s Emergency Fund (UNICEF) and World Food Program (WFP), resumed its activities in the Executive Committee of the United Nations High Commissioner for Refugees (UNHCR) and made many donations to the UNHCR. The Red Cross Society of China (RCSC), China Charity Federation (CCF), China Welfare Institute (CWI), China Foundation for Poverty Alleviation (CFPA) and private charities, along with legal persons of certain enterprises and societies in China, have all engaged in international humanitarian relief, demonstrating to the international community China’s sincere desire to engage in international humanitarian relief and to protect human rights through tangible actions.

 

维护世界和平。中国始终致力于与各国共同维护国际和平,支持国际和地区反恐合作,为世界人权事业发展营造和平和谐的环境,以和平促进发展,以发展巩固和平,为和平权的实现作出了重要贡献。近年来,中国努力为解决地区热点问题提供方案,在巴勒斯坦问题上多次提出主张和倡议,深度参与伊朗核问题谈判,积极斡旋南苏丹国内和解,努力推动叙利亚问题政治解决,推动阿富汗政府与塔利班开启和谈,推动朝鲜半岛问题政治解决进程。中国坚定支持并积极参与联合国维和行动。1990年4月,中国首次向联合国停战监督组织派遣5名军事观察员,这标志着中国开始正式参与联合国维和行动。截至2018年5月,中国累计向苏丹、黎巴嫩、柬埔寨、利比里亚等国家和地区派出维和军事人员3.7万余人次,先后派出维和警察2700余人次,参加了约30项联合国维和行动,是联合国安理会常任理事国中派出维和人员最多的国家,是联合国维和行动第二大出资国。2017年9月,中国完成8000人规模维和待命部队在联合国的注册工作。这是中国履行大国责任,以实际行动兑现支持联合国维和行动承诺的重要举措,也是推进世界人权事业发展的重要举措。
Safeguarding world peace. China, along with other countries, is constantly committed to maintaining world peace, supporting international and regional anti-terror cooperation, and creating a peaceful and harmonious environment for the development of human rights in the world. China has made a significant contribution to the right to peace by promoting development with peace and by consolidating peace through development. In recent years, China has provided solutions to regional flashpoint issues: putting forward proposals and initiatives for the Palestinian issue on many occasions; engaging in serious negotiations on the Iranian nuclear issue; actively mediating for the national reconciliation in South Sudan; pressing for a political settlement to the Syrian issue; promoting peace negotiations between the Afghan government and Taliban; and facilitating the political settlement of the Korean Peninsula issue. China has firmly supported and vigorously participated in UN peacekeeping operations. In April 1990, China dispatched the first five military observers to the United Nations Truce Supervision Organization (UNTSO), marking China’s official participation in UN peacekeeping operations. By May 2018, China had dispatched 37,000 military and 2,700 police personnel to participate in 30 UN peacekeeping missions in Sudan, Lebanon, Cambodia, Liberia and other countries and regions. China ranks first in terms of the number of peacekeepers among the permanent members of the UN Security Council, and is the second largest donor country to UN peacekeeping operations. In September 2017, China completed the registration of 8,000 standby peacekeeping forces in the UN. These are the significant measures by which China has met its responsibilities as a major country, fulfilled its promise to support UN peacekeeping operations with concrete actions, and promoted the cause of human rights throughout the world.

七、积极参与全球人权治理
VII. Active Participation in Global Governance of Human Rights

 

改革开放40年来,中国坚持平等互信、包容互鉴、合作共赢精神,积极参与联合国人权事务,认真履行国际人权义务,广泛开展国际人权合作,不断推进全球人权治理朝着公正合理的方向发展。
Over the 40 years of reform and opening up, upholding the principles of equality and mutual trust, inclusiveness and mutual learning, and cooperation and win-win benefits, China has been active in UN human rights undertakings, fulfilling its international human rights obligations, conducting extensive international cooperation on human rights, and advancing the global governance of human rights in a fair and rational direction.

 

认真履行国际人权条约义务。截至目前,中国共参加26项国际人权文书,其中包括《经济、社会及文化权利国际公约》《消除一切形式种族歧视国际公约》等6项主要人权文书。中国认真履行条约义务,包括在国内立法、修法、制定政策等方面注重与条约规定相衔接,按照条约规定撰写并提交履约报告,全面反映国家履行人权条约的进展、困难和问题。中国认真参加条约机构对中国执行条约情况的审议,截至2018年8月,中国已向各条约机构提交履约报告26次,总计39期,接受审议26次。在审议过程中,中国与相关人权条约机构开展建设性对话,结合中国国情,积极采纳条约机构建议。中国支持对人权条约机构进行必要改革,促进条约机构与缔约国在相互尊重的基础上开展对话与合作。中国积极推荐专家参选条约机构委员,多名中国专家出任联合国经济、社会和文化权利委员会,禁止酷刑委员会,消除种族歧视委员会,消除对妇女歧视委员会,残疾人权利委员会委员。
Fulfilling obligations in international instruments on human rights. To date, China has signed 26 international human rights instruments, including six major ones such as the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. China fulfills all the obligations prescribed in relevant international conventions, ensuring that its legislation and any amendments as well as its policy formulation are consistent with these conventions, and completing and submitting periodic reports to give feedback on the progress made and any difficulties and problems encountered in implementing international conventions on human rights. China accepts reviews from the treaty body on its implementation of these conventions. By August 2018, China had submitted 39 implementation reports on 26 occasions to these treaty bodies and received 26 reviews. During the reviews, China conducted constructive dialogue with the relevant treaty bodies and adopted their suggestions in accordance with the actual conditions in China. China supports the necessary reform of the human rights treaty bodies, promoting dialogue and cooperation between the treaty bodies and signatory states on the basis of mutual respect. China recommends Chinese experts as candidate members of the treaty bodies, many of whom have been chosen to serve on bodies such as the United Nations Committee on Economic, Social and Cultural Rights, the United Nations Committee against Torture, the United Nations Committee on the Elimination of Racial Discrimination, the United Nations Committee on the Elimination of Discrimination against Women, and the United Nations Committee on the Rights of Persons with Disabilities.

 

主动参与创设国际人权规则与机制。改革开放以来,中国参加了《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》《儿童权利公约》《残疾人权利公约》《保护所有移徙工人及其家属权利国际公约》,以及《经济、社会及文化权利国际公约》任择议定书等重要人权文件制定工作组会议,为这些规则的起草、修改和完善作出了重要贡献。中国作为主要推动者之一,参与了《发展权利宣言》的起草工作,积极推动联合国人权委员会和人权理事会就实现发展权问题进行全球磋商,致力于推动构建发展权实施机制。1993年,中国推动亚洲国家通过《曼谷宣言》。中国作为第二届世界人权大会的副主席国,参加了《维也纳宣言和行动纲领》的起草工作。1995年,在北京主办第四次世界妇女大会。2006年以来,中国支持联合国人权理事会设立安全饮用水、文化权、残疾人权利等专题性特别机制;倡导召开关于粮食安全、国际金融危机等的特别会议,积极推动完善国际人权机制。中国是最早参加联合国气候变化大会的国家,全程参与并有效推动国际气候谈判,为《巴黎气候变化协定》的最终通过作出贡献。中国积极推动联合国《2030年可持续发展议程》的制定和实施。
Participating in establishing international rules and mechanisms for protecting human rights. Since the launch of reform and opening up in 1978, China has attended the meetings of the drafting groups of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and other important documents on human rights protection, making a significant contribution to drafting, revising and improving these rules. As one of the major promoters, China participated in drafting the Declaration on the Right to Development, assisting the United Nations Commission on Human Rights (UNCHR) and the United Nations Human Rights Council (UNHRC) to organize global discussions on fulfilling the right to development, and is committed to building mechanisms for actualizing the right to development. In 1993, China pushed for the adoption of the Bangkok Declaration among Asian countries. The same year, as the vice presidency of the Second World Conference on Human Rights, China participated in drafting the Vienna Declaration and Program of Action. In 1995 in Beijing, China hosted the Fourth World Conference on Women. Since 2006, China has supported UNHRC in establishing specialized mechanisms for securing safe drinking water, cultural rights, and the rights of persons with disabilities, in calling for special conferences on food security and global financial crisis, and in improving the international mechanisms for protecting human rights. China is one of the first countries that attended the UN Climate Change Conference. China is an enthusiastic participant and an effective proponent in international climate negotiations, and has contributed to the adoption of the Paris agreement. China has facilitated the formulation and implementation of the 2030 Agenda for Sustainable Development by the United Nations.

 

积极参与联合国人权事务。自1979年起,中国连续3年作为观察员出席联合国人权委员会会议。1981年,中国在联合国经社理事会组织会议上当选为人权委员会成员国。自1982年起,中国正式担任人权委员会成员国并一直连选连任。自1984年起,中国推荐的专家连续当选为防止歧视和保护少数小组委员会的委员和候补委员。积极参与人权委员会对相关议题的讨论和磋商。为构建公正、客观、透明的国际人权机制,中国积极参与联合国人权专门机制的改革,在设立联合国人权理事会的磋商和最后表决过程中发挥了重要作用。自2006年3月以来,中国四度当选人权理事会成员。同联合国人权高专办等保持建设性接触,鼓励其客观、公正履职,重视发展中国家关切。与人权理事会特别机制开展合作,自1994年以来,中国先后邀请宗教信仰自由特别报告员、任意拘留问题工作组、教育权特别报告员、酷刑问题特别报告员、粮食权特别报告员、消除对妇女歧视问题工作组、外债对人权影响问题独立专家、极端贫困与人权问题特别报告员访华。认真对待人权理事会特别机制来函,在认真调查的基础上及时答复。深入参与有关人权机制工作,推动多边人权机构以公正、客观、非选择性方式处理人权问题。认真落实中国在人权理事会第一轮、第二轮国别人权审查中接受的建议,积极参与第三轮国别人权审查。连任联合国非政府组织委员会成员。多名专家出任联合国人权理事会咨询委员会、形势工作组成员。鼓励非政府组织积极参与人权理事会等人权机制活动。
Engaging in UN human rights undertakings. From 1979 to 1981, China attended the meetings of the UNCHR as an observer state. In 1981, China was elected a member state of the UNCHR at the meeting of the United Nations Economic and Social Council (ECOSOC). In 1982, China became an official member state of the UNCHR and has maintained this position ever since. Since 1984, a succession of experts recommended by China have been elected members and alternate members of the United Nations Sub-commission on the Prevention of Discrimination and Protection of Minorities. China takes an active part in discussions and negotiations of relevant issues in the UNCHR. To build a fair, objective and transparent international mechanism for protecting human rights, China is a vigorous proponent of reform of the UN special mechanisms for protecting human rights; it played a significant role in the negotiations and final vote on establishing the UNHRC. Since March 2006, China has been elected a UNHRC member state four times. China maintains constructive contacts with the United Nations Office of the High Commissioner for Human Rights (OHCHR), encouraging the OHCHR to perform its duties fairly and objectively, and directing more attention to the concerns of developing countries. China conducts cooperation with the Special Procedures of the Human Rights Council. Since 1994, China has invited the following UN representatives to visit the country: the United Nations Special Rapporteur on Freedom of Religion or Belief, the United Nations Working Group on Arbitrary Detention, the United Nations Special Rapporteur on the Right to Education, the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Special Rapporteur on the Right to Food, the United Nations Working Group on the Elimination of Discrimination against Women, the United Nations Independent Expert on the Effects of Foreign Debt and Other Related International Financial Obligations of States on the Full Enjoyment of All Human Rights, Particularly Economic, Social and Cultural Rights, and the United Nations Special Rapporteur on Extreme Poverty and Human Rights. China handles letters from the Special Procedures of the Human Rights Council with due attention, carrying out any necessary investigations and giving timely replies. China is deeply involved in international mechanisms for protecting human rights, assisting multilateral human rights organizations to address such issues in a fair, objective and nonselective manner. China has implemented the suggestions adopted during the first and second Universal Periodic Review (UPR) cycles, and is actively participating in the third UPR cycle. China has been reelected a member state of the United Nations Committee on Non-governmental Organizations. Chinese experts have been appointed members of the UNHRC Advisory Committee and the Working Group on Situations. China encourages its NGOs to participate vigorously in the UNHRC and other human rights protection mechanisms.

 

广泛开展国际人权交流与合作。中国始终致力于在平等和相互尊重基础上与世界各国就人权议题开展建设性对话与合作,广泛开展人权领域的交流交往。自上世纪90年代起,中国陆续与20多个国家建立人权对话或磋商机制。同美国、欧盟、英国、德国、瑞士、荷兰、澳大利亚、新西兰等西方国家或国际组织举行人权对话、人权交流、法律专家交流和人权技术合作,促进政府部门、司法机构、学术团体交流互鉴,增进了解。同俄罗斯、埃及、南非、巴西、马来西亚、巴基斯坦、白俄罗斯、古巴、非盟等开展人权磋商,分享经验,深化合作。
Conducting extensive international exchanges and cooperation concerning human rights. China is committed to promoting constructive dialogue and cooperation on human rights with other countries based on equality and mutual respect, and to organizing extensive exchanges to this end. Since the 1990s, China has established dialogue and negotiation mechanisms for human rights protection with more than 20 other countries. China has organized dialogue and exchanges on human rights and exchanges between legal experts, and technical cooperation on human rights with international organizations and Western countries, including the US, the EU, the UK, Germany, Switzerland, the Netherlands, Australia and New Zealand, to enhance communication, understanding and mutual learning between governmental departments, judicial organs and academia. China has held human rights discussions with Russia, Egypt, South Africa, Brazil, Malaysia, Pakistan, Belarus, Cuba and the African Union, to share experience and enhance cooperation.

 

近年来,中国先后在北京举办“纪念联合国《残疾人权利公约》通过十周年大会”“亚欧非正式人权研讨会”“纪念《发展权利宣言》通过30周年国际研讨会”、首届“南南人权论坛”等大型国际人权论坛或研讨会,促进了国际人权对话与交流。中国人权研究会等人权领域民间组织积极开展人权交流与合作,成功举办九届“北京人权论坛”,连续举办四届“中欧人权研讨会”和多届“中德人权研讨会”“中美司法与人权研讨会”“国际人权文博会”等活动,为各国之间文明交流互鉴起到了重要作用。中国每年通过接待相关国家和国际人权组织代表来访、安排中国人权代表团出访等形式,不断加强并深化与世界各国在人权领域的交流合作,增进彼此之间的了解和理解。
In recent years, China has hosted several international forums and seminars on human rights in Beijing, including the Conference Commemorating the 10th Anniversary of the Adoption of the Convention on the Rights of Persons with Disabilities (2016), the 16th Informal Asia-Europe Meeting (ASEM) Seminar on Human Rights (2016), the International Seminar Commemorating the 30th Anniversary of the Adoption of the Declaration on the Right to Development (2016), and the First South-South Human Rights Forum (2017). All of these have strengthened international dialogue and exchanges on human rights. The China Society for Human Rights Studies (CSHRS) and other human rights NGOs in China promote exchanges and cooperation on human rights. They have organized the Beijing Forum on Human Rights on nine occasions, China-Europe Seminar on Human Rights on four occasions, and the International Seminar on Human Rights and Museology several times, as well as the China-Germany Seminar on Human Rights and the Sino-American Dialogue on the Rule of Law and Human Rights. These play an important role in increasing exchanges and mutual learning among civilizations. Every year China receives human rights representatives from many countries and international organizations, and arranges for foreign visits by Chinese human rights delegations, to strengthen its exchanges and cooperation on human rights with other countries and enhance mutual knowledge and understanding.

 

努力提供全球人权治理中国方案。中国积极参与全球人权治理,在联合国大会、人权理事会等场合提出系列倡议,推动构建公平正义、合理有效的国际人权体系。中国明确提出“生存权发展权是首要的基本人权”的理念,坚持各项人权要协同推进,坚持人权的普遍性与特殊性相统一,强调以合作促发展、以发展促人权等人权理念和主张对广大发展中国家乃至世界人权事业发展具有重要引领作用。习近平主席提出的构建人类命运共同体理念,在国际上引起热烈反响,先后被写入联合国人权理事会、联合国安理会等机构的多份决议,正在被越来越多的国家所接受,成为推动包括全球人权治理在内的世界未来发展的中国智慧和中国方案。中国推动联合国人权理事会通过“纪念第四次世界妇女大会暨《北京宣言》和《行动纲领》通过20周年”主席声明、“加强公共卫生能力建设促进健康权”“发展对享有所有人权的贡献”“在人权领域促进合作共赢”等决议。尤其是“发展对享有所有人权的贡献”决议的通过,首次将“发展促进人权”引入国际人权体系。中国多次代表140余国就“加强人权合作”“落实发展权”“共建人类命运共同体”等议题作共同发言;多次在联合国举办“减贫促进人权”等主题的人权边会和展览。
Providing Chinese solutions to global human rights governance. China is actively engaged in global governance of human rights, making proposals at the United Nations General Assembly and the United Nations Human Rights Council and on other occasions to promote the establishment of an international human rights system that is fair, just, reasonable and effective. China proposes the view that “The rights to subsistence and development are the primary, basic human rights.” China adheres to the principle that all human rights should develop side by side, and that both the universality and the particularity of human rights should be taken into account. China emphasizes advancing development through cooperation and promoting human rights through development. These perspectives and proposals lead the cause of human rights both in developing countries and in the wider world. The idea of building a global community of shared future, as proposed by President Xi Jinping, has elicited a positive international response. The concept has been written into many resolutions of the United Nations Human Rights Council and the United Nations Security Council, and is being recognized by more and more countries. It is an example of Chinese wisdom and a Chinese solution to future world development, including global governance of human rights. China has supported the passing of many resolutions by the UNHRC, including the President’s Statement on the Twentieth Anniversary of the Fourth World Conference on Women and of the Adoption of the Beijing Declaration and Platform for Action, Promoting the Right to Health through Enhancing Capacity-building in Public Health, The Contribution of Development to the Enjoyment of All Human Rights, and Promoting Mutually Beneficial Cooperation in the Field of Human Rights. Particularly, the passing of the resolution, The Contribution of Development to the Enjoyment of All Human Rights, for the first time introduced the concept of “promoting human rights through development” into the international human rights system. On behalf of over 140 countries, China has delivered speeches on issues such as “enhancing cooperation on human rights”, “actualizing the right to development” and “building a global community of shared future” on many occasions; China has also hosted side events and exhibitions at the UN with the theme of “promoting human rights through poverty reduction”.

八、成功走出符合国情的人权发展道路
VIII. Path of Human Rights Protection Suited to National Conditions

 

改革开放40年中国人权事业取得巨大成就,成功走出了一条符合本国国情的人权发展道路。这条道路源于中国历史,植根中国现实,借鉴各国经验,是中国共产党带领人民通过接续不断的实践创新和理论探索形成的,反映了中国特色社会主义的本质要求。
Over the past four decades of reform and opening up, China has made significant progress in human rights, creating a new path of human rights protection based on China’s history and national conditions, and the successful experiences of other countries. This path is the result of the Chinese people’s experimentation in practice and theoretical innovation led by the CPC, and embodies the essence of socialism with Chinese characteristics.

 

坚持把以人民为中心作为人权事业发展的核心理念。人民是推动历史进步的根本动力。坚持以人民为中心,让老百姓过上好日子,是中国改革开放的初心和鲜明价值取向。尊重人民主体地位,保障人民政治权利,从各层次各领域扩大人民有序政治参与,保证人民平等参与、平等发展权利;把增进人民福祉,朝着共同富裕方向稳步前进作为发展的出发点和落脚点,使人民成为发展的主要参与者、促进者和受益者,让人民有更好的教育、更稳定的工作、更满意的收入、更可靠的社会保障、更高水平的医疗服务、更舒适的居住条件、更优美的环境,促进人的全面发展。中共十八大以来,中国共产党明确提出以人民为中心的发展思想,始终把人民利益摆在至高无上的地位,把人民对美好生活的向往作为奋斗目标,不断提高尊重与保障人民各项基本权利的水平。中国共产党和中国政府从人民利益出发,谋划改革思路、制定改革举措,人民关心什么、期盼什么,改革就抓住什么、推进什么,人民有所呼、改革有所应。中国人民实现中华民族伟大复兴中国梦的过程,本质上就是实现社会公平正义和不断推动人权事业发展的进程,实现好、维护好、发展好最广大人民根本利益,使发展成果更多更公平惠及全体人民,让每个人都能有尊严地发展自我和奉献社会。
Human rights protection centered on the people. People are the fundamental driving force of history. People-centered development toward a better life was the original aspiration and remains the distinct goal of China’s reform and opening up. To realize this aspiration, the state respects the people’s principal position in the country, safeguards their political rights, expands orderly political participation in all fields at all levels, and ensures the people’s rights to equal participation and equal development. Furthermore, the state takes the people’s well-being and common prosperity as its ultimate goal, enables the people to be the main contributors, promoters, and beneficiaries of development, and works to fulfill their aspirations for a better education, more stable jobs, higher incomes, more reliable social security, better medical and healthcare, improved housing conditions, and a beautiful environment, advancing the all-around development of the people. Since the 18th CPC National Congress the CPC has given prominence to the principle of people-centered development by putting the interests of the people above all else, focusing its efforts on their aspiration for a better life, and enhancing the protection of all basic human rights. The CPC and the Chinese government plan reform policies and set reform measures in the interests of the people, and always make sure that reform responds to public demand. China’s national rejuvenation represents a process of promoting social fairness and justice, advancing human rights, realizing, safeguarding, and developing the fundamental interests of the people, ensuring that the fruits of development better benefit all the people in a fair way, and enabling every person to enjoy self-development and serve society with dignity.

 

坚持把人权的普遍性原则同中国实际相结合。人权的普遍性基于人的尊严和价值,也基于人类的共同利益和共同道德。在实现人权的问题上,不可能有放之四海而皆准的模式,人权事业发展必须也只能按照各国国情和人民需要加以推进。中国共产党和中国政府始终坚持历史、辩证、发展地看待人权问题,基于中国特色社会主义这一制度优势,牢牢立足中国处于并将长期处于社会主义初级阶段这个最大的国情和最大的实际,坚持普遍性与特殊性相统一,主动适应人民的发展要求,始终致力于有计划、有步骤、分阶段地促进人权事业发展进步。
Integration of the principle of universality of human rights with China’s national conditions. The universality of human rights is grounded in human dignity and value, and based on common interests and basic moral norms shared by all. There is no universally applicable model for fulfilling human rights, and human rights can only advance in the context of national conditions and people’s needs. The CPC and the Chinese government approach human rights from a historical, dialectical and developmental perspective, and take advantage of the strengths of socialism with Chinese characteristics while bearing in mind the overarching condition that China is still and will long remain in the primary stage of socialism, integrating universality with particularity. The central authorities take proactive steps to meet the people’s need for development, and advance human rights in a planned and progressive manner.

 

坚持把生存权和发展权作为首要的基本人权。近代中国,长期遭受外来侵略,积贫积弱。从苦难中一路走来的中国人民深刻认识到,生存权和发展权是首要的基本人权,是享有其他人权的前提和基础。发展既是消除贫困的手段,也为实现其他人权提供了条件,同时还是人实现自身潜能的过程。中国始终把发展作为第一要务,不断解放和发展生产力,致力于消除贫困,创造了经济增长的世界奇迹,实现了人民生活从贫困到温饱再到小康的历史性跨越。中国从实际出发,遵循创新、协调、绿色、开放、共享的发展理念,遵循平衡性、可持续性的发展思路,将城乡、区域、经济与社会及人与自然之间的和谐发展作为实现和保障发展权的坚实基础。
Primary focus on the rights to subsistence and development. From the mid-19th century China suffered repeated foreign aggression and fell to the status of a poor and weak country. The experience of numerous hardships taught the Chinese people that the rights to subsistence and development are the primary rights-the preconditions and the foundation for all other human rights. A process of self-actualization for individuals, development is a means to eliminate poverty and paves the way for realizing other human rights. Taking development as its top priority, China is committed to liberating and developing the country’s productive forces and eliminating poverty. The country has achieved outstanding economic success and realized the historic leaps from poverty to secure access to food and clothing, and thence to moderate prosperity. In the light of its national conditions, China pursues innovative, coordinated, green, open and inclusive development, highlights balance and sustainability, and promotes harmony between urban and rural areas, between regions, between the economy and society, and between humanity and nature to lay a solid foundation for fulfilling and protecting the right to development.

 

坚持把全面协调推进各项权利作为保障人权的重要原则。改革开放40年来,中国人权事业发展坚持各项权利相互依赖与不可分割的原则,对各项权利的发展进行统筹协调、统一部署、均衡促进,切实推动经济、社会、文化权利和公民权利、政治权利的平衡发展,促进个人人权和集体人权的协调发展。中共十八大以来,中国共产党提出实现中华民族伟大复兴中国梦,统筹推进经济、政治、文化、社会和生态文明建设“五位一体”总体布局,协调推进全面建成小康社会、全面深化改革、全面依法治国、全面从严治党“四个全面”战略布局,推进了中国人权事业的全面发展,体现了人权的整体性发展思想。
Coordinated progress in all human rights as a major principle for human rights protection. Over the past 40 years, adhering to the principle of interdependence and inalienability of all human rights, China has coordinated the planning and promotion of all rights and endeavored to strike a balance between economic, social and cultural rights and civil and political rights, and between individual rights and collective rights. Moving toward the Chinese Dream of national rejuvenation set out by the 18th CPC National Congress, the CPC has advanced the overall plan of seeking economic, political, cultural, social, and ecological progress, and made comprehensive moves to complete a moderately prosperous society in all respects, to extend reform, to advance the rule of law, and to strengthen Party discipline. In this way China has made comprehensive progress in human rights through an integrated approach.

 

坚持把依法治国作为人权发展的制度保障。法治是人类文明进步的标志,也是人权得以实现的重要保障。中国坚持依法治国基本方略,努力建设社会主义法治国家,全方位提升人权法治化保障水平,保证人民依法享有更加充分的权利和自由,努力实现社会公平正义,更好推动人的全面发展、社会全面进步。中共十八大以来,党和政府全面推进依法治国,坚持法治国家、法治政府、法治社会一体建设,将尊重和保障人权置于社会主义法治国家建设更加突出的位置,将人权保障贯穿于科学立法、严格执法、公正司法和全民守法等各个环节,真正让法治的阳光照亮每一个角落。
Institutional guarantee of human rights under the rule of law. The rule of law is a symbol of human progress and an important guarantee of human rights. China has made rule of law the fundamental strategy for governing the country and worked to build a socialist country under the rule of law. The state enhances comprehensive protection of human rights under the rule of law, ensures that the people enjoy their rights and freedoms to a fuller extent, and strives to realize social fairness and justice, in an effort to bring about the all-around development of individuals and comprehensive progress of society. Since the 18th CPC National Congress the CPC and the Chinese government have made comprehensive moves to advance the rule of law, taking a holistic approach to building a country, a government and a society where the rule of law applies. The central authorities have given greater prominence to respecting and protecting human rights in building a socialist country under the rule of law, and placed human rights under the full protection of the rule of law through strengthening legislation, law enforcement, administration of justice, and observance of law.

 

坚持把构建人类命运共同体作为推动全球人权治理的使命担当。中国一直是国际人权事业健康发展的倡导者、践行者和推动者。改革开放以来,中国始终追求世界共同发展,坚持“既要让自己过得好,也要让别人过得好”。中国利用世界和平发展带来的机遇发展自己,又以自身的发展更好地维护世界和平、促进共同发展,为全球人权事业作出了突出贡献。中国主张不同文明、不同国家之间相互包容、相互交流、相互借鉴,共同推进人权发展。国际人权事务应由各国共同商量,全球人权治理体系要由各国共同建设,人权发展成果要由各国人民共同分享。各方应该始终恪守《联合国宪章》宗旨和原则,坚持主权平等原则,建设性地开展人权交流与合作。中国全面深入参与国际人权合作,推动建立公正合理的国际人权治理体系,努力与各国一道构建人类命运共同体。
A global community of shared future as a way to improve global human rights governance. China is a supporter, practitioner and promoter of the sound development of the international human rights cause. Since reform and opening up China has pursued common development across the world, aiming for a better life for the Chinese people and the peoples of other countries. China has developed rapidly by taking advantage of opportunities created by a peaceful international environment. It has in turn upheld and promoted world peace and common propensity through its own development, and made an outstanding contribution to the cause of international human rights. China calls for inclusiveness, exchanges, and mutual learning between cultures and between countries to advance human rights together. International human rights issues should be resolved through consultation. Building a global human rights governance system needs the participation of all countries, and progress in human rights benefits all peoples in the world. All member states have the responsibility to abide by the purposes and principles of the UN Charter, uphold the principle of sovereign equality, and engage in human rights exchanges and cooperation in a constructive way. China conducts extensive and in-depth cooperation on international human rights, and promotes a fair and equitable global system for human rights governance by working together with other countries to build a global community of shared future.

 

结束语
Conclusion

 

改革开放40年,中国人民的获得感、幸福感、安全感显著提升,中国人权事业取得了辉煌成就,中国人民从来也没有像今天这样享有如此广泛的人权,这是举世公认的事实。
The past 40 years of reform and opening up have seen a growing sense of gain, happiness and security, and noteworthy progress in the cause of human rights in China. It is a fact that the Chinese people have never enjoyed a more extensive range of human rights than they do today.

 

中国是当今世界上最大的发展中国家。中国人权事业的发展进步,不仅使中国人民享有充分的人权,而且为全人类发展作出重大贡献,为维护人的尊严,丰富人权文化多样性,提供了中国经验和中国方案。
China is the largest developing country in the world. Its progress enables the Chinese people to enjoy human rights to a fuller extent, contributes significantly to the development of humanity, and shares with the world China’s experience in protecting human dignity and enriching the diversity of human rights culture.

 

人权没有最好,只有更好。实现更加充分的人权保障,中国还有很长的路要走,仍面临许多困难和挑战。中国的发展仍处于并将长期处于社会主义初级阶段,发展不平衡不充分问题突出,民生领域还有不少短板,脱贫攻坚任务艰巨,人民在就业、教育、医疗、养老、环境等方面还有更多的期盼,人权保障法治化水平仍需进一步提高。
There is always room for improving human rights. To protect human rights to a fuller extent, China still has a long way to go and faces many difficulties and challenges. As China is still and will long remain in the primary stage of socialism, pressing problems caused by unbalanced and inadequate development await solutions. Many areas concerning public well-being require improvement. Poverty alleviation remains a formidable task. The people’s aspirations regarding employment, education, healthcare, elderly care, and environment are yet to be satisfied, and protection of human rights under the rule of law needs to be enhanced.

 

当前,在以习近平同志为核心的党中央的坚强领导下,中国人民正为实现“两个一百年”奋斗目标和中华民族伟大复兴的中国梦而努力。再经过几十年的不懈奋斗,中国人民的各项权利必将得到更好和更高水平的保障,中国人民将更加享有尊严、自由和幸福。中国人权事业的明天将更加美好!
The Chinese people are striving to achieve the Two Centenary Goals and the Chinese Dream under the leadership of the CPC Central Committee led by President Xi Jinping. Through perseverance in the coming decades, they will enjoy better protected human rights and greater dignity, freedom and happiness. The cause of human rights in China can look forward to prospects of a brighter future.

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