双语:中国共产党尊重和保障人权的伟大实践 PDF下载

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中国共产党尊重和保障人权的伟大实践
The Communist Party of China and Human Rights Protection
– A 100-Year Quest

(2021年6月)
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
June 2021
First Edition 2021

 

目录
Contents

前言
Foreword

一、为人民解放和幸福而奋斗
I.For People’s Liberation and Wellbeing

二、尊重和保障人权的执政方略
II.The Principle of Respecting and Protecting Human Rights Embedded in Governance

三、筑牢人民当家作主的根本制度
III.Ensuring the People’s Position as Masters of the Country

四、促进各项人权全面发展
IV.Making Comprehensive Progress in Human Rights

五、依法保障公民基本权利
V.Protecting the Basic Rights of Citizens in Accordance with the Law

六、推进世界人权事业发展
VI.Advancing Human Rights Around the World

七、丰富发展了人权文明多样性
VII.Adding Diversity to the Concept of Human Rights

结束语
Conclusion

 

前言
Foreword

2021年是中国共产党成立100周年。中国共产党的100年,创造了尊重和保障人权的伟大奇迹,谱写了人权文明的新篇章。
The year 2021 marks the centenary of the Communist Party of China (CPC). Over the past century, the CPC has invested a huge effort in human rights protection, adding significantly to global human rights progress.

100年前,在中华民族面临内忧外患的危急关头,担负着救国救民使命的中国共产党诞生了。中国产生了共产党,这是开天辟地的大事变。在中国共产党的领导下,中国人民开启了为实现国家富强、民族振兴、人民幸福而奋斗的崭新历程。
A hundred years ago, the CPC came into being – its mission to salvage the country and save the Chinese people at a perilous time of domestic upheaval and foreign aggression. This was an epoch-changing moment. Under the leadership of the CPC, the Chinese people embarked on a new journey towards prosperity, national rejuvenation, and wellbeing.

100年来,中国共产党团结带领中国人民推翻了帝国主义、封建主义和官僚资本主义“三座大山”,建立了中华人民共和国,完成了新民主主义革命和社会主义革命,为有效保障人民各项权利和自由奠定了根本政治前提和牢固制度基础。经过艰辛探索,中国开创了改革开放和社会主义现代化建设新时期,开启了中国特色社会主义新时代,中华民族迎来了从站起来、富起来到强起来的伟大飞跃,踏上了全面建设社会主义现代化国家新征程。
Over this period of one hundred years, the CPC has united and led the people in toppling the “three mountains” of imperialism, feudalism and bureaucrat-capitalism, creating the People’s Republic of China (PRC), and completing the New Democratic Revolution and the Socialist Revolution. The political and institutional foundations were thereby laid down to ensure the rights and freedoms of the people. Through successes and setbacks, China has pioneered reform and opening up, set the goal of socialist modernization, and ushered in a new era of building socialism with Chinese characteristics. The Chinese nation has stood up, become better off, and grown in strength. Now, it is embarking on a new journey to build a modern socialist country in all respects.

100年来,中国共产党坚持人民至上,坚持将人权的普遍性原则与中国实际相结合,坚持生存权、发展权是首要的基本人权,坚持人民幸福生活是最大的人权,坚持促进人的全面发展,不断增强人民群众的获得感、幸福感、安全感,成功走出了一条中国特色社会主义人权发展道路。
For a hundred years, the CPC has always put people first, applying the principle of universality of human rights in the context of the national conditions. It regards the rights to subsistence and development as the primary and basic human rights, and believes that living a life of contentment is the ultimate human right. It promotes the well-rounded development of the individual, and strives to give every person a stronger sense of gain, happiness and security. Its success in pioneering human rights in a socialist country is unique and readily apparent.

100年来,中国共产党心怀天下,坚持走和平发展道路,坚持促进共同发展。中国坚定维护世界和平,坚持以合作促发展,以发展促人权,积极参与国际人权事务,为全球人权治理贡献中国智慧、提供中国方案,推动世界人权事业发展,与世界各国一道,共同构建人类命运共同体。
For a hundred years, the CPC has committed itself to peaceful development and common progress. China is firm in its international stance – to safeguard world peace and seek progress through cooperation, ensuring human rights with the benefits deriving from development. It has been an active participant in matters of international human rights, providing a Chinese contribution to global human rights governance and progress, and working with other countries to forge a global community of shared future.

 

一、为人民解放和幸福而奋斗
I. For People’s Liberation and Wellbeing

(一)近代中国人民的人权惨遭践踏
1. Human Rights Trampled after the Mid-19th Century

中华民族是有着5000多年辉煌灿烂文明史的伟大民族。在人类历史长河中,中国综合国力曾长期居世界前列。但到清朝(1636-1911年)的中后期,特别是1840年鸦片战争之后,由于西方列强对中国的侵略日甚一日,由于统治者的腐败无能,中国的发展开始陷入停滞,逐渐成为半殖民地半封建社会,人民惨遭压迫奴役,陷入深重苦难之中。
The Chinese nation is a great nation boasting a civilization spanning five millennia. China once led the world in composite national strength over a long period of time. But beginning in the middle and latter half of the Qing Dynasty (1636-1911), and especially after the Opium War in 1840, China plunged into stagnation due to a corrupt, incompetent government and ever growing Western aggression. It was eventually reduced to a semi-colonial, semi-feudal state where the people were enslaved and suffered immeasurably.

从1840年开始,列强通过对中国的多次侵略战争和其他方法,与中国政府签订了数以百计的不平等条约、章程、专条,强迫中国割地、赔款,攫取种种特权,构建起殖民、掠夺中国的系统性结构。列强入侵及其殖民政策,成为加在中国人民身上的沉重枷锁,中国人民的尊严和生存权利遭到严重践踏。
Beginning in 1840, the Western imperialist powers, through war and other aggressive means, forced the Chinese government into hundreds of unequal treaties, regulations and conventions, grabbing territory, demanding reparations and privileges, and engaging in a process of colonization and plunder throughout China. Western invasion and colonization shackled the Chinese people, trampling on their dignity and putting their very lives in jeopardy.

国家的不幸就是人民的不幸。在帝国主义、封建主义、官僚资本主义压迫之下,饥饿、贫穷、落后、挨打,是近代中国人权状况的真实写照。
It was a tragedy for the country and the people. Oppressed by imperialism, feudalism and bureaucrat-capitalism, the Chinese people suffered from hunger and poverty and the nation from backwardness and subjugation.

近代中国人民遭遇的生存危机是全方位的。在经济上,中国的农业生产力落后,土地兼并加之苛捐杂税,自然灾害加之战乱破坏,导致大量农民破产沦为雇农甚至流民;工商业虽有一定发展,但规模小、产量低、结构失衡,并且受到外国资本和国内官僚资本的操控,难以为国计民生提供有力支持。经济衰败、民生凋敝,人民在生存线苦苦挣扎。据估算,当时全国有80%的人长期处于饥饿、半饥饿状态,几乎每年都有几万乃至几十万人因饥饿而死。
The subsistence crisis raged in all directions. The economy was in a shambles. Low agricultural productivity, land annexation, harsh taxes and levies, natural disasters, and frequent wars turned large numbers of small farmers and peasants into farm laborers for hire or homeless poor. Industry and commerce developed to a certain extent, but was small in scale, low in productivity and unbalanced in structure. Manipulated by foreign and domestic bureaucrat capital, it was impossible to sustain the nation or the people. Under a shattered economy, the people were destitute and struggled to survive. It is estimated that 80 percent of the population was constantly haunted by dire hunger or inadequate food supply, and that tens or even hundreds of thousands of people starved to death every year.

除了物质上的匮乏,中国人民还面临病疫的折磨和精神上的贫瘠。当时的中国疫病横行,鼠疫、天花、霍乱等传染病肆虐,几乎无年不疫、无省不疫,加之医疗条件差,民众健康状况十分恶劣,旧中国人均寿命仅有35岁。新中国成立时,全国5.4亿人口中,文盲率高达80%,小学实际入学率不到20%,高等教育在校生仅有11.7万人。对于当时中国人民的悲惨遭遇,毛泽东曾指出,“中国人民的贫困和不自由的程度,是世界所少见的”。中国人民的生存权都无法得到保障,更遑论其他基本权利。
China was also tortured by diseases and hindered by the lack of education among its people. Epidemics such as plague, smallpox and cholera swept across the country and recurred every year, taking a heavy toll on the populace due to the lack of health services. The average life expectancy in old China was only 35 years. When the PRC was founded in 1949, 80 percent of the 540 million population were illiterate, less than 20 percent of school-age children were in elementary schools, and there were only 117,000 students receiving higher education. Commenting on the miseries of the people, Mao Zedong said, “The poverty and lack of freedom among the Chinese people are on a scale seldom found.” With the people struggling for survival, it was impossible to talk about any other rights.

 

(二)中国共产党担负起救国救民使命
2. National Salvation on the Shoulders of the CPC

面对山河破碎、生灵涂炭,许多献身于民族进步事业的仁人志士发动了农民起义、洋务自救、维新改良、资产阶级革命等不同形式的救亡图存运动,但都没能使中国人民脱离被压迫被奴役的悲惨境地。实现民族独立、人民解放的重任,历史地落在了中国共产党肩上。
With the nation under threat and the people in pain, many people of lofty ideals and insight devoted themselves to the cause of national salvation – leading peasant uprisings, creating initiatives to learn from the West, attempting reformist experiments, and launching a bourgeois revolution. But none of these freed the Chinese from oppression and slavery. The mission of national independence and the liberation of the people fell to the CPC.

1921年7月,中国共产党第一次全国代表大会召开,正式宣告中国共产党成立。从此,中国革命进入了全新的发展阶段,中国人民的命运开始发生根本性转变,一条属于广大人民的人权保障之路开始铺就。中国最早的一批马克思主义者,如陈独秀、李大钊、毛泽东等,将民族解放、国家独立与人民切身利益紧密地联系在一起。他们深刻地认识到,只有通过革命,才能真正争取与维护无产阶级和劳动人民的权利,使中国摆脱积贫积弱,使中国人民摆脱苦难屈辱。
In July 1921, the First National Congress of the Communist Party of China announced the founding of the Party, heralding a new stage in the Chinese revolution. It reversed the tragic fate of the Chinese people and laid down the foundations for them to enjoy their basic rights. The first Marxists in China, including Chen Duxiu, Li Dazhao and Mao Zedong, already understood the close connection between liberation, independence and the people’s interests.They knew well that only through revolution could the proletariat and the working people establish and maintain their rights, and that only through revolution could China get back on its feet and its people emerge from poverty and humiliation.

中国共产党自成立之日起,就以无产阶级政党的面貌出现,通过各种纲领、主张、宣言,鲜明地宣扬了救国救民和争取人权的立场与主张。为中国人民谋幸福,为中华民族谋复兴,是中国共产党人的初心和使命,也是中国共产党人权思想之本。中国共产党以鲜明的人民立场,赢得了中国人民的拥护和支持,成为领导中国革命的核心力量。
The CPC was a party of the proletariat from the very beginning. Through its programs, proposals, and declarations, it made its mission clear and its stance known – to save the nation and secure human rights for its people. The original aspiration and the mission of the Party is to seek happiness for the people of China and rejuvenation of the Chinese nation. It is also the root of its stance on human rights. The CPC, with its people-centered position, has won the support of the Chinese people, making it the spine of the Chinese revolution.

 

(三)新民主主义革命时期的人权保障实践
3. Human Rights Protection During the New Democratic Revolution

在领导人民争取自由解放、实现当家作主的新民主主义革命伟大斗争中,中国共产党始终将马克思主义人权理论同中国实际相结合,开创了既符合人权的普遍性原则又具有鲜明中国特色的人权保障之路。
In the New Democratic Revolution to liberate and free the people and make them masters of the country, the CPC always applied Marxist human rights theory to the Chinese context, pioneering a path of human rights predicated on the universality of human rights and one that is distinctively Chinese.

自大革命时期(1924-1927年)开始,中国共产党就将改善民生、保障人民生存权作为重要任务。在土地革命战争时期(1927-1937年),中国共产党领导中华苏维埃政府颁布并实施了土地法,不仅让农民在政治上翻身,而且在经济上分到田地,获得基本生存权利。全面抗日战争时期(1937-1945年),中国共产党制定了一系列保障人权的条例细则,领导陕甘宁边区实行“减租减息”政策。解放战争时期(1945-1949年),中国共产党提出保障人权、解救民生,领导制定《中国土地法大纲》等文件,在拥有1亿多人口的解放区开展土地改革,实行耕者有其田,消灭了封建生产关系。中国共产党还积极组织生产运动,确保自给自足,鼓励发展私营工商业,出台社会优抚等政策措施,努力保障民生。
In the Great Revolution (1924-1927), the CPC took on improving people’s lives and protecting their right to subsistence as key objectives. In the Agrarian Revolutionary War (1927-1937), the CPC-led Chinese Soviet Government promulgated the Land Law, giving the peasants political rights as well as land to till, so that they could make a living. In the full-scale phase of the War of Resistance Against Japanese Aggression (1937-1945), the Party formulated a series of regulations and measures for human rights protection, and enacted tax and interest reduction policies in the Shaanxi-Gansu-Ningxia Border Region. In the War of Liberation (1945-1949), the Party emphasized protection of human rights and ensuring basic livelihoods for the people, formulated the Outline of the Land Law of China and carried out land reform among 100 million people in the liberated areas, distributing land among peasants and putting an end to feudal production relations. It organized production campaigns to ensure self-sufficiency, encouraged privately-owned industrial and commercial businesses, and provided social relief, all to ensure the people’s wellbeing.

实现人民当家作主是新民主主义革命人权保障的主要任务。在中国共产党领导的中央苏区、陕甘宁边区实行普选制度,给长期受到压迫的人民以参政议政的权利。抗战时期,抗日根据地实行“三三制”,建立抗日民主政权(共产党员、党外进步人士和中间派各占1/3)。这些政策和制度,大大提高了人民群众参与革命、参与政权管理的热情。
Making the people masters of the country was a primary goal in ensuring human rights during the New Democratic Revolution. Universal suffrage was implemented in the CPC-led Central Soviet Area and the Shaanxi-Gansu-Ningxia Border Region, and the long-oppressed people finally had the right to participate in politics and have their voice heard. During the War Against Japanese Aggression, the base areas established democratic governments with CPC members, progressive non-CPC figures, and centrists each occupying one third of the official posts. These policies and systems greatly encouraged the people to take part in revolution and political administration.

保护妇女合法权益。中共中央制定有关妇女解放和改革婚姻家庭问题的政策纲领,各边区政府特别是中央工农民主政府先后制定适用于全苏区的婚姻法和婚姻条例,废除封建包办买卖婚姻,禁止蓄婢纳妾,确立一夫一妻的婚姻制度,实行婚姻自由,婚后所得财产为夫妻共同财产,第一次使广大妇女在人身上、经济上获得了解放,提高了广大妇女的社会地位,激发了妇女参与革命和生产的积极性。
The legitimate rights and interests of women were protected. Following the guidelines of the CPC Central Committee on women’s liberation and marriage reform, and the marriage laws and regulations enacted and applied to all the soviet areas, arranged and mercenary marriage was abolished, and keeping maids or concubines was forbidden. Monogamy was established along with freedom of marriage, and postnuptial property was regarded as community property. For the first time, women gained the freedom of their person and economic equality in marriage. With rising social status, women became more active in revolution and in the workplace.

文教卫生事业也在中国共产党领导的地区发展起来。中央苏区颁布了《中华苏维埃共和国宪法大纲》,明确劳苦大众享有平等的受教育权,并兴建学校,组织各类讲习班,着力提高人民群众文化水平。在陕甘宁边区,政府采取夜校、读报组等方式扫除文盲,并因陋就简开设中小学校,创办鲁迅艺术学院、延安自然科学院等高校与研究机构,努力发展文化科学事业。中华苏维埃共和国成立中央防疫委员会,省、县、区三级设立卫生部(科),大力建设工农医院、贫民诊所和公共卫生所,培养医务人员,组织群众性防疫卫生运动,明显改善了人民医疗卫生状况。
Culture, education, and health services flourished in the CPC-led areas. In the Outline of the Constitution of the Chinese Soviet Republic promulgated in the Central Soviet Area, it was stipulated that the working masses enjoyed equal right to education. Schools were built and training sessions organized to help improve people’s educational levels. In the Shaanxi-Gansu-Ningxia Border Region the government set up night schools and newspaper reading groups to eliminate illiteracy, opened elementary and middle schools despite the difficult conditions, and founded the Lu Xun School of the Arts, the Yan’an Academy of Natural Sciences, and other institutions of higher education and research. The Chinese Soviet Republic formed an epidemic prevention and control committee at the central level, and health departments (offices) were set up at the district, county and provincial levels. Hospitals were built for workers and peasants, as well as clinics for the poor and public health centers. The cohort of health workers was strengthened and mass campaigns were rolled out to prevent and control epidemics. All this significantly improved people’s health.

 

(四)新中国为保障人权开辟广阔道路
4. Human Rights Protection in the PRC

1949年新中国成立,标志着人民权利新的时代到来,标志着近代以来中国人民遭受剥削、压迫和奴役历史的终结,也标志着一个共产党领导的东方社会主义大国人权实践新的开始。
The founding of the PRC in 1949 ushered in a new era for people’s rights. It put an end to the exploitation, oppression and slavery that had shackled the Chinese nation for a century, and signified the beginning of substantial progress in human rights in a socialist country under the leadership of the CPC.

新中国成立以来,中国人权事业的发展经历了三个历史阶段:
Since 1949, human rights in China have undergone three stages of development.

第一个阶段:新中国成立后,中国共产党领导中国人民进行社会主义革命和建设,确立了社会主义基本制度,完成了中国历史上最为广泛而深刻的社会变革,制定我国第一部社会主义类型的宪法,为中国人权事业发展奠定了根本政治前提和制度基础。在政治建设方面,建立和巩固了人民民主的政治制度,确立了人民民主原则和社会主义原则,确立了人民代表大会制度,从制度上保障了国家一切权力属于人民。在经济建设方面,基本完成土地改革,激发了人民群众巨大创造力;对农业、手工业和资本主义工商业进行社会主义改造,建立起社会主义的基本经济制度,保证了人民平等参与经济发展和分享劳动成果。在社会建设方面,颁布实施婚姻法,“实行男女婚姻自由、一夫一妻、男女权利平等、保护妇女和子女合法利益的新民主主义婚姻制度”;促进教育、医疗卫生事业发展,建立起省、市、县和县、乡、村三级医疗预防保健网,建立劳动保险和社会救济制度。在民族政策方面,反对和否定民族压迫和歧视,坚持民族平等,实行民族区域自治制度。在法制建设方面,依据《中华人民共和国宪法》,制定并实施其他重要法律,保障公民基本权利。
Stage 1: Beginning in 1949, the Chinese people committed themselves to socialist revolution and economic development under CPC leadership, establishing the basic systems of socialism, completing the most extensive and profound process of social change in Chinese history, and promulgating the first socialist constitution. All these laid the political and institutional foundation for human rights in China.

From a political perspective, the system of people’s democracy was established and consolidated, with democracy of the people and socialism as the basic principles. With the implementation of the system of people’s congresses, it was guaranteed that all rights of the state belonged to the people.

From an economic perspective, the completion of the land reform triggered a burst of great creativity among the people. Socialist transformation was completed in agriculture, individual craft industries, and capitalist industry and commerce, and the basic socialist system was formed to ensure equal access to economic development and the sharing of economic gains.

From a social perspective, the Marriage Law was promulgated, stipulating the free choice of spouses, the principle of monogamy, equal rights for men and women, and the protection of the lawful rights and interests of women and children. Efforts were made to promote education and health services, and medical and preventive care networks were established at every local level – village, township, county, city and province. Labor insurance was created and social relief was provided. The government stood firmly against ethnic oppression and discrimination, upheld equality among all ethnic groups, and introduced regional ethnic autonomy. In developing the legal framework, important laws were formulated and promulgated in line with the Constitution of the People’s Republic of China to protect citizens’ basic rights.

第二个阶段:改革开放以来,中国共产党领导中国人民成功开辟了中国特色社会主义道路,极大地解放和发展了社会生产力,人民生存权、发展权和各项基本权利得到更好保障,中国人权事业得到大发展。改革开放是中国共产党领导人民进行的一场伟大革命。中国共产党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,大力发展社会生产力,努力以发展促进人权保障,不断提高人民生活水平,极大地调动了人民的积极性。在中国共产党的领导下,中国坚持全面依法治国,将尊重和保障人权写入宪法作为国家治理的一条重要原则,促进人权事业发展被纳入国家发展战略和规划,适合本国国情的人权保障制度建立并不断完善,中国特色人权保障体系初步形成。
Stage 2: Beginning in 1978, when reform and opening up was introduced, the CPC led the Chinese people on a path of socialism with Chinese characteristics, unleashing an immense wave of social development and productivity. Thanks to tremendous progress in human rights the people enjoyed better protection of their rights to subsistence and development and other basic rights. Reform and opening up is a great revolution on the part of the Chinese people under CPC leadership. The Party pursues development as its top priority in governance and as the key to solving the problems of China; it strives to promote social productivity and improve human rights protection through development. During this stage the people enjoyed better lives and grew more active economically and socially. Under CPC leadership, China upheld the rule of law in all areas, and included in the Constitution as an important principle of national governance respect for and protection of human rights. Human rights progress was included in national development strategies and plans, the mechanisms for ensuring human rights in the context of China’s realities were improved, and the system for ensuring human rights with Chinese characteristics began to take shape.

第三个阶段:中共十八大以来,中国特色社会主义进入新时代,在以习近平同志为核心的党中央坚强领导下,脱贫攻坚目标任务如期完成,决胜全面建成小康社会取得决定性成就,中国人权事业全面发展。中国共产党坚持以人民为中心的发展思想,立足新发展阶段、贯彻新发展理念、构建新发展格局,以推动高质量发展为主题,以满足人民日益增长的美好生活需要为根本目的,统筹推进“五位一体”总体布局、协调推进“四个全面”战略布局,人民的获得感、幸福感、安全感大幅提升。中国倡议的“一带一路”建设扎实推进,构建人类命运共同体重大理念成为广泛共识。
Stage 3: Since the 18th CPC National Congress in 2012, socialism with Chinese characteristics has entered a new era. China has completed the mission of eradicating absolute poverty as scheduled under the strong leadership of the Party Central Committee with Xi Jinping at the core. Decisive success has been achieved in the final stage of building a moderately prosperous society in all respects, and human rights protection has been brought to new heights. Upholding people-centered development, the CPC is grounding its efforts in the new development stage, applying the new development philosophy, and creating a new framework of development. Focusing on high-quality development, it endeavors to meet the fundamental goal of satisfying the people’s growing desire for a better life. Implementing the Five-sphere Integrated Plan[ This refers to China’s overall plan for building socialism with Chinese characteristics, that is, to promote coordinated progress in the economic, political, cultural, social and eco-environmental fields. ] and the Four-pronged Comprehensive Strategy[ This refers to China’s strategic plan for building socialism with Chinese characteristics, that is, to make comprehensive moves to complete a moderately prosperous society in all respects, to further reform, to advance the rule of law, and to strengthen Party self-governance. ], the Party has made sure that the people enjoy a greater sense of gain, happiness and security. As the Belt and Road Initiative builds momentum, the concept of a global community of shared future has been widely recognized.

 

二、尊重和保障人权的执政方略
II. The Principle of Respecting and Protecting Human Rights Embedded in Governance

(一)尊重和保障人权的宪法原则
1. In the Constitution as a Guiding Principle

宪法是国家的根本法,是公民权利的保障书。在中国共产党的领导下,中国建立了以宪法为核心的中国特色社会主义法律体系,为保障人权夯实法治基础。
As the fundamental law of a country, the Constitution is a written guarantee of the rights of citizens. Under the leadership of the CPC, China has established a Chinese socialist legal system with the Constitution at the core, thus laying a solid legal foundation for ensuring human rights.

1954年9月,第一届全国人民代表大会第一次会议通过《中华人民共和国宪法》,宣告“中华人民共和国的一切权力属于人民”,规定公民在政治、经济、社会、文化、人身等方面享有的广泛权利与自由。1982年12月,第五届全国人民代表大会第五次会议通过的现行宪法,将“公民的基本权利和义务”提前到第二章,置于第一章“总纲”之后,更彰显了公民权利的重要地位,同时也扩大了权利保护的范围。此后,全国人大又分别在1988、1993、1999、2004、2018年五次通过宪法修正案,从基本经济制度、分配制度、保护公民私有财产、建立健全社会保障制度等方面,不断加强对人权的保障。
In September 1954, the First Session of the First National People’s Congress (NPC) adopted the Constitution of the PRC, which declared that all power in the country belongs to the people. It provided a wide range of rights and freedom that citizens enjoy in political, economic, social, cultural, personal and other respects. In December 1982, the Fifth Session of the Fifth NPC adopted the current Constitution of the PRC, in which “The Fundamental Rights and Duties of Citizens” was moved forward and made second only to Chapter I, “General Principles”. This adjustment highlighted the importance of citizens’ rights. Meanwhile, this Constitution also expanded the range of rights under protection. Later, the NPC adopted five amendments to the Constitution in 1988, 1993, 1999, 2004 and 2018, to better protect human rights. These involved the basic economic system, distribution system, protection of citizens’ private property, and the social security system.

2004年3月,第十届全国人民代表大会第二次会议通过《中华人民共和国宪法修正案》,正式将“国家尊重和保障人权”载入宪法,由此,“尊重和保障人权”就成为整个中国特色社会主义法治体系的基本原则,也成为所有国家机关、武装力量、政党、社会团体、企业事业组织必须遵守的行为准则和法律义务,一切法律法规规章规范性文件都不得与之相抵触,任何与之相违背的行为都必须予以追究。
The amendment adopted at the Second Session of the 10th NPC, held in March 2004, added the line “The state respects and safeguards human rights” into the Constitution. Since then, respecting and protecting human rights has been a basic principle of the system of socialist rule of law with Chinese characteristics and a binding rule of conduct and a legal obligation of all state organs, armed forces, political parties, social organizations, enterprises and public institutions. No laws, regulations, rules and normative documents can be in conflict with the principle, and accountability must be enforced on all acts that violate it.

中国共产党带领人民全面认真实施宪法,带头履行尊重和保障人权的宪法责任。中国通过健全法律法规和制度体系,发展国家各项事业等,推动宪法实施,落实宪法规定的人权保障原则和精神。建立适合政治制度和基本国情的宪法实施和监督机制,设立全国人大宪法和法律委员会,推进合宪性审查,加强宪法实施和监督,确保宪法规定落到实处,更好维护宪法权威。
The CPC leads the people in fully and strictly enforcing the Constitution and takes the lead in fulfilling the constitutional responsibility of respecting and protecting human rights. This has been achieved through improving laws, regulations and institutional systems and developing various undertakings of the state. China has established mechanisms best suited to its political systems and national conditions for enforcing the Constitution and the oversight thereof. It has set up the NPC Constitution and Law Committee to carry out constitutional review, so as to better uphold the authority of the Constitution and ensure that the provisions of the Constitution are observed.

 

(二)尊重和保障人权的执政理念
2. In State Governance as a Philosophy

全心全意为人民服务是中国共产党的根本宗旨。中国共产党奉行以人民为中心的发展思想,坚持执政为民,做到发展为了人民、发展依靠人民、发展成果由人民共享,将尊重和保障人权贯穿于执政和自身建设之中。
Serving the people wholeheartedly is the fundamental purpose of the CPC. The Party adheres to a people-centered philosophy of development, exercises power for the people, and ensures that development is for the people and by the people and that its benefits are shared by the people. It embodies the principle of respecting and protecting human rights in its governance and self-improvement.

1997年召开的中共十五大,首次将“保证人民依法享有广泛的权利和自由,尊重和保障人权”写入大会报告之中。2002年召开的中共十六大,重申“尊重和保障人权”,并将“人民的政治、经济和文化权益得到切实尊重和保障”“促进人的全面发展”等内容纳入全面建设小康社会的目标之中。2007年召开的中共十七大,将“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”写入大会报告,并将“尊重和保障人权”正式载入《中国共产党章程》。
At the 15th CPC National Congress held in 1997, the report to the congress included for the first time the following expression: “ensuring that the people enjoy extensive rights and freedom endowed by law, and respecting and guaranteeing human rights”. The 16th CPC National Congress held in 2002 reiterated that “human rights are respected and guaranteed”, and included the following words in the goals of building a moderately prosperous society in all respects: “The political, economic and cultural rights and interests of the people will be respected and guaranteed in real earnest” and “promoting the all-round development of people”. The report to the 17th CPC National Congress held in 2007 read that “We must respect and guarantee human rights, and ensure the equal right to participation and development for all members of society in accordance with the law”, and “It [the CPC] respects and safeguards human rights” was formally added into the CPC Constitution.

中共十八大以来,中国共产党从全面深化改革、加快推进国家治理体系和治理能力现代化出发,更加注重健全尊重和保障人权的体制机制。2012年,中共十八大将“人权得到切实尊重和保障”写入大会报告,并提升为全面建成小康社会和全面深化改革开放的重要战略目标之一。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》,强调“加强人权司法保障”“增强全社会尊重和保障人权意识”,明确提出加强人权司法保障和重点领域立法,依法保障公民权利,加快完善体现权利公平、机会公平、规则公平的法律制度,保障公民人身权、财产权、基本政治权利等各项权利不受侵犯,保障公民经济、文化、社会等各方面权利得到落实,实现公民权利保障法治化。2015年,中共十八届五中全会明确,“人权得到切实保障”是整个“十三五”期间法治建设的一个主要目标。
Since the 18th CPC National Congress held in 2012, to further reform on all fronts and accelerate the modernization of China’s governance system and capacity, the CPC has attached greater importance to improving the systems and mechanisms for respecting and protecting human rights. At the 18th CPC National Congress, the principle that “human rights should be fully respected and protected” was included in the report to the congress and listed as one of the key strategic goals of building a moderately prosperous society and furthering reform and opening up in an all- round way. 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. The resolution emphasized 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”. It stipulated ways to ensure that citizens’ rights are protected by the law: enhancing judicial protection of human rights and legislation in key areas, protecting citizens’ rights in accordance with the law, establishing a legal system featuring equal rights, equal opportunities and fair rules for all, ensuring the inviolability of citizens’ rights including personal rights, property rights and basic political rights, and making sure that citizens enjoy rights in economic, cultural, social and all other respects. The Fifth Plenary Session of the 18th CPC Central Committee in 2015 made it clear that “human rights should be fully protected” is a major goal of promoting the rule of law during the entire 13th Five-year Plan period.

2017年,中共十九大报告明确,新时代中国社会主要矛盾是人民日益增长的美好生活需要和不平衡不充分的发展之间的矛盾,必须坚持以人民为中心的发展思想,不断促进人的全面发展、全体人民共同富裕。中共十九大报告绘就了中国人权事业的美好蓝图:从2020年到2035年,在全面建成小康社会的基础上,人民平等参与、平等发展权利得到充分保障;从2035年到本世纪中叶,在基本实现现代化的基础上,把中国建成富强民主文明和谐美丽的社会主义现代化强国,全体人民共同富裕基本实现,中国人民将享有更加幸福安康的生活;加强人权法治保障,保证人民依法享有广泛权利和自由。2019年,中共十九届四中全会指出,增进人民福祉、促进人的全面发展是中国共产党立党为公、执政为民的本质要求。2020年,中共十九届五中全会通过《中共中央关于制定国民经济和社会发展第十四个五年规划和二〇三五年远景目标的建议》,将“促进人的全面发展和社会全面进步”“促进人权事业全面发展”等作为中国发展的更高目标。
In 2017, the report to the 19th CPC National Congress stated: “the principal contradiction facing Chinese society in the new era is that between unbalanced and inadequate development and the people’s ever-growing needs for a better life. We must therefore continue commitment to our people-centered philosophy of development, and work to promote well-rounded human development and common prosperity for everyone.”

The report drew a blueprint for future progress in China’s human rights: From 2020 to 2035, on the basis of completing the building of a moderately prosperous society in all respects, the rights of the people to participate and to develop as equals will be adequately protected; from 2035 to the middle of the 21st century, building on having achieved basic modernization, we will develop China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful; common prosperity for everyone will be largely achieved; the Chinese people will enjoy happier, safer, and healthier lives; we will strengthen legal protection for human rights to ensure that the people enjoy extensive rights and freedoms as prescribed by law.

In 2019, the Fourth Plenary Session of the 19th CPC Central Committee pointed out that improving the wellbeing of the people and promoting well-rounded human development are essential to the Party’s commitment to serving the public good and exercising power in the interests of the people. In 2020, the proposal of the CPC Central Committee on formulating the 14th Five-year Plan for economic and social development and the long-range objectives through the year 2035 was adopted at the Fifth Plenary Session of the 19th CPC Central Committee. The proposal set higher goals for China’s development, which include promoting well-rounded human development and all-round social advancement and promoting comprehensive progress in human rights.

 

(三)尊重和保障人权的国家发展规划
3. In National Development Plans for Its Realization

从1953年到2021年,中国已制定了十四个国民经济和社会发展规划(计划),对国家经济、社会、文化、环境等方面发展作出安排。
From 1953 to 2021, China has formulated 14 plans for national economic and social development, providing for the country’s development in economic, social, cultural, environmental and other respects.

根据中共十九届五中全会建议,2021年3月召开的第十三届全国人民代表大会第四次会议,讨论通过了《中华人民共和国国民经济和社会发展第十四个五年规划和2035年远景目标纲要》,具体提出了未来五年及十五年中国经济建设、政治建设、文化建设、社会建设、生态文明建设等各方面建设的目标、任务、方针、措施。其中强调,坚持以人民为中心,坚持新发展理念,坚持人民主体地位,坚持共同富裕方向,维护人民根本利益,激发全体人民的积极性、主动性、创造性,促进社会公平正义,增进人民福祉,不断实现人民对美好生活的向往。这些发展思想蕴含着极其丰富的尊重和保障人权精神。
In accordance with the proposal adopted at the Fifth Plenary Session of the 19th CPC Central Committee, the Fourth Session of the 13th NPC held in March 2021 deliberated and adopted the Outline of the 14th Five-Year Plan (2021-2025) for National Economic and Social Development and the Long-Range Objectives Through the Year 2035 of the PRC. The outline set forth specific objectives, tasks, policies and measures for China’s development in economic, political, cultural, social, ecological and other fields in the next five years and 15 years. In the outline, it was emphasized that we must pursue people-centered development, adopt a new vision for development, and ensure the principal status of the people; we must move steadily toward common prosperity, safeguard the fundamental interests of the people, and unleash their enthusiasm, initiative and creativity; we must promote social equity and justice, improve the wellbeing of the people, and realize the people’s aspiration for a better life. This approach to development embodies the principle of respecting and protecting human rights.

保障经济、社会和文化权利,特别是工作权利、基本生活水准权利、社会保障权利、健康权利、受教育权利、文化权利、环境权利、财产权利等,关系到每个人的生存发展。国家制定各项事业发展纲要、规划、计划等,不断推进公民基本权利保障。仅过去十年,中国政府有关部门就制定并实施了《中国农村扶贫开发纲要(2011-2020年)》《“健康中国2030”规划纲要》《国家中长期教育改革和发展规划纲要(2010-2020年)》《人力资源和社会保障事业发展“十三五”规划纲要》《全国生态环境保护纲要》《“十三五”促进民族地区和人口较少民族发展规划》《中国妇女发展纲要(2011-2020年)》《中国儿童发展纲要(2011-2020年)》《“十三五”国家老龄事业发展和养老体系建设规划》《中国残疾人事业“十三五”发展纲要》《乡村振兴战略规划(2018-2022年)》等几十个涉及多领域的保障人民生存权、发展权的政策文件。国家还就保障公民权利与政治权利,特别是保障公民的人身权利、获得公正审判的权利、宗教信仰自由、知情权参与权表达权监督权等,制定了一系列保障性制度和措施。
Protecting people’s economic, social and cultural rights, especially their rights to employment, basic living, social security, health, education, culture, environment, property and other services, is essential to the rights of all to life and development. The state makes constant progress in protecting citizens’ basic rights by formulating outlines and plans for the development of various undertakings. In the past 10 years alone, the Chinese government formulated dozens of policy documents concerning people’s rights to subsistence and development in many fields. These include the Outline of Development-Driven Poverty Alleviation in Rural Areas (2011-2020), the Outline of Healthy China 2030, the Outline of National Medium- and Long-Term Program for Education Reform and Development (2010-2020), the Outline of the Development of Human Resources and Social Security Undertakings During the 13th Five-Year Plan Period, the Outline of China’s Environmental Protection, the Program for Developing Ethnic Minority Areas and Ethnic Groups with Small Populations During the 13th Five-Year Plan Period, the Program for the Development of Women in China (2011-2020), the Program for the Development of Children in China (2011-2020), the Plan for the Development of China’s Old-Age Programs and Elderly-Care System, the Outline for the Development of People with Disabilities During the 13th Five-Year Plan Period, and the Rural Revitalization Strategic Plan (2018-2022). China also worked out a series of institutions and measures to protect citizens’ civil and political rights, particularly citizens’ personal rights, their rights to fair trial, freedom of religion, the rights to be informed, to be engaged and to be heard, and the right to oversee.

中国积极响应国际社会倡议,自2009年以来,已制定实施3期国家人权行动计划,成为世界上为数不多的连续制定人权行动计划的国家。目前,第4期《国家人权行动计划(2021-2025年)》的制定工作也已展开。中国的国家人权行动计划已实现与国家发展规划的对接和统一。
China actively responds to the initiatives of the international community. Since 2009, it has worked out three national human rights action plans, which is quite unusual among countries of the world. Currently, the work has begun to produce the fourth – the National Human Rights Action Plan (2021-2025). China has integrated its national human rights action plans with its national development plans.

 

三、筑牢人民当家作主的根本制度
III. Ensuring the People’s Position as Masters of the Country

 

新中国成立以来,中国共产党坚持人民主体地位,从国情和实际出发,建立起以人民代表大会制度这一根本政治制度、中国共产党领导的多党合作和政治协商制度、民族区域自治制度、基层群众自治制度等为主要内容的人民当家作主制度体系,为维护最广大人民根本利益奠定了坚实的制度基础。
Since the founding of the PRC in 1949, the CPC has established systems that respect China’s actual conditions and ensure the people’s principal status as masters of the country. The main ones are people’s congresses, which form the fundamental political system of China, CPC-led multiparty cooperation and political consultation, regional ethnic autonomy, and grassroots self-governance. These systems have laid a firm institutional foundation for protecting the fundamental interests of the people.

(一)根本政治制度的人权保障
1. Ensuring Human Rights Through the Fundamental Political System

人民代表大会制度是中国的根本政治制度。这一制度的核心是保证国家的一切权力属于人民,人民通过人民代表大会这一组织形式参与国家事务的管理,行使当家作主的权利。
The system of people’s congresses is China’s fundamental political system. The essence of the system is to ensure that all power in the country belongs to the people and that the people participate in the management of state affairs and exercise power as masters of the country through the people’s congresses.

人民代表大会制度从根本上保证了人民当家作主的权利。第一,全国人民代表大会是最高国家权力机关,全国人民代表大会和地方各级人民代表大会都由民主选举产生,对人民负责,受人民监督。选举权和被选举权是首要的公民权利。选民或选举单位有权依照法定程序选举代表,并有权依照法定程序罢免自己选出的代表。第二,人民代表大会及其常委会严格按照民主集中制的原则,集体行使国家权力,集体决定问题,代表和反映人民的意志和根本利益。全国人民代表大会、地方各级人民代表大会每届任期五年,全国人民代表大会会议每年举行一次,地方各级人民代表大会会议每年至少举行一次。第三,人民代表大会统一行使国家权力,国家行政机关、监察机关、审判机关、检察机关都由人民代表大会产生,对它负责,受它监督。第四,全国人民代表大会及其常委会行使国家立法权。对宪法的修改,由全国人民代表大会以全体代表的三分之二以上的多数通过。法律和其他议案由全国人民代表大会以全体代表或者由全国人大常委会组成人员的过半数通过。
The system of people’s congresses ensures the rights of the people as the masters of the country. First, the National People’s Congress (NPC) is the highest state organ of power. The NPC and the local people’s congresses at all levels are created through democratic election; they are responsible to the people and subject to their oversight. The right to vote and stand for election is a basic right. Constituencies and organizations have the power to elect deputies and to remove them from office in accordance with procedures prescribed by law.

Second, in strict accordance with the principle of democratic centralism, people’s congresses and their standing committees exercise state power, decide on matters collectively, and represent the will and the fundamental interests of the people. Each NPC and local people’s congress has a term of five years. An NPC session is held once every year, while each local people’s congress convenes at least once every year.

Third, state power is exercised through people’s congresses. All administrative, supervisory, judicial and prosecuting organs of the state are created by the people’s congresses, answer to them, and are subject to their oversight.

Fourth, the NPC and its Standing Committee exercise the legislative power of the state. Amendments to the Constitution must be adopted by a vote of at least two-thirds of NPC deputies, while laws and other bills shall be adopted by a majority vote of NPC deputies or of members of the NPC Standing Committee.

 

截至2021年4月,全国各级人民代表大会代表共有262万多人。各级人大代表来自各民族、各行业、各阶层、各党派,具有广泛的代表性。各级人民代表大会中均有相当数量的工人、农民代表。第十三届全国人民代表大会代表中,工人、农民代表占总数的15.7%。为保证国家的权力真正掌握在全体人民手中,代表在履行职责时,必须反映和代表人民的利益和意志。代表有权依法提出议案、审议各项议案和报告、对各项议案进行表决,在人民代表大会各种会议上的发言和表决受法律保护。
As of April 2021, there are more than 2.6 million deputies to people’s congresses at all levels. The deputies are broadly representative of all ethnic groups, sectors, social strata and political parties. Among them are a considerable number of deputies who are workers or peasants. Among the deputies to the 13th NPC, workers and peasants account for 15.7 percent. To ensure that state power is truly in the hands of the people, deputies must represent the interests and will of the people when performing their duties. Deputies are entitled to submit, examine and vote on bills and proposals. The statements and votes of deputies at meetings of people’s congresses are protected by the law.

实践充分证明,在中国实行人民代表大会制度,是中国人民在人类政治制度史上的伟大创造。人民代表大会制度是符合中国国情、体现中国社会主义国家性质、保证中国人民当家作主的根本政治制度。中国各族人民通过人民代表大会制度牢牢地把国家和民族的前途命运掌握在自己手里。
The system of people’s congresses is a unique political structure created by the people of China. It embodies the nature of the PRC as a socialist country and ensures that the Chinese people are the masters of the country. Through this system, the peoples of all ethnic groups hold the destiny of China and the nation firmly in their own hands.

 

(二)政党制度的人权保障
2. Ensuring Human Rights Through the Political Party System

中国的政党制度是中国共产党领导的多党合作和政治协商制度,既不同于西方国家的两党或多党竞争制,也有别于一些国家实行的一党制。在中国,除了执政的中国共产党外,还有8个民主党派。各民主党派不是在野党,也不是反对党,它们是接受中国共产党领导、同中国共产党通力合作的亲密友党,是中国特色社会主义参政党。“共产党领导、多党派合作,共产党执政、多党派参政”,是中国政党制度的基本特征。这一制度是从中国土壤中生长出来的新型政党制度,是中国共产党与各民主党派、无党派人士在中国革命、建设和改革的长期实践中确立和发展起来的,是中国的一项基本政治制度,具有历史的必然性、伟大的独创性和巨大的优越性。
The political party system of China involves multiparty cooperation and political consultation under the leadership of the CPC. It is different from the two-party or multiparty systems of Western countries and the one-party systems of some other countries. In China, in addition to the governing CPC, there are eight other political parties. These are not opposition parties. They maintain good relations with the CPC, accepting the latter’s leadership and cooperating fully with it; they are participants in governance under the framework of socialism with Chinese characteristics. This framework of multiparty cooperation and participation under CPC leadership and governance is the defining feature of China’s political party system. This system is a new model that has grown out of the soil of China. It was established and developed by the CPC, other political parties and prominent individuals without party affiliation (non-affiliates) over the long period of China’s revolution, economic development and reform. It was a historical necessity; it represents great ingenuity; it possesses enormous strengths.

中国共产党广开言路,通过多党合作和政治协商制度,发展社会主义民主政治,推进协商民主广泛多层制度化发展。民主党派和无党派人士参政的主要内容是:参加国家政权,参与重要方针政策、重要领导人选的协商,参与国家事务的管理,参与国家方针政策、法律法规的制定和执行。中国共产党就事关国计民生的重大问题在决策前和决策执行中,同各民主党派、无党派人士直接协商,在人民政协同社会各界人士广泛协商。
The CPC encourages the free airing of views. Through multiparty cooperation and political consultation it is committed to developing socialist democracy and advancing extensive, multilevel and institutionalized consultative democracy. In participating in governance, the main duties of the other political parties and the non-affiliates are assuming government office, and participating in consultations over major policies and candidates for key leadership positions, the management of state affairs, and the formulation and implementation of state policies, laws and regulations. Before decision-making on major issues concerning the country’s stability and the people’s wellbeing and during its implementation, the CPC carries out direct consultation with the other political parties and the non-affiliates and holds extensive consultations with people from all sectors of society at the sessions of the Chinese People’s Political Consultative Conference (CPPCC).

据不完全统计,中共十八大以来,各民主党派中央、无党派人士向中共中央、国务院提出意见建议730多件;自2018年3月全国政协十三届一次会议至2021年4月,全国政协共收到提案23048件。许多意见和建议被采纳,为凝聚共识、推进国家现代化建设发挥了重要作用。
Since the 18th CPC National Congress, central committees of the other political parties and non-affiliates have submitted more than 730 proposals to the CPC Central Committee and the State Council. From the First Session of the 13th CPPCC National Committee held in March 2018 to April 2021, the CPPCC National Committee received 23,048 proposals. Many of these have been adopted, playing an important role in building consensus and helping to modernize the country.

中国共产党领导的多党合作和政治协商制度实现了执政与参政、领导与合作、协商与监督的有机统一,体现了社会主义民主的本质要求,有利于保障中国社会各阶层的利益和要求,有利于倾听人民呼声、反映人民愿望、增进人民福祉,在内容上体现了人民的权利诉求,在程序上体现了人民当家作主。
The CPC-led multiparty cooperation and political consultation system has realized unity between governance and participation in governance, leadership and cooperation, and consultation and oversight. It embodies the essential requirement of socialist democracy. It is conducive to protecting the interests of all social groups in China and ensuring that their expectations are met; it is conducive to making the voice of the people heard, reflecting their wishes, and improving their wellbeing. This structure ensures that people’s rightful claims are honored through a procedure guaranteeing the supremacy of the people.

 

(三)民族区域自治制度的人权保障
3. Ensuring Human Rights Through the System of Regional Ethnic Autonomy

中国是统一的多民族国家,铸牢中华民族共同体意识,始终保持国家完整统一,实现各民族共同团结奋斗、共同繁荣发展,是中国共产党民族政策的方针宗旨。民族区域自治制度,是指在国家统一领导下,各少数民族聚居的地方实行区域自治,设立自治机关,行使自治权的制度。民族区域自治制度在宪法以及民族区域自治法中得到明确,是中国的一项基本政治制度。
China is a unified multiethnic state. Heightening a sense of identity of the Chinese nation, always maintaining the integrity and unification of the country, and all ethnic groups working jointly for common prosperity and development are the goals of the CPC’s ethnic policies. The system of regional ethnic autonomy means that areas with large ethnic minority populations shall practice regional autonomy, establish autonomous organs, and exercise the power of self-government under the unified leadership of the state. This basic political system is clearly specified in the country’s Constitution and its Law on Regional Ethnic Autonomy.

中国实行民族区域自治,以领土完整、国家统一为前提和基础,体现了统一与自治的结合、民族因素与区域因素的结合,完全符合中国国情和实际。中国的民族区域自治,是在国家统一领导下的自治,各民族自治地方都是中国不可分离的一部分,民族自治地方的自治机关都是中央政府领导下的一级地方政权,都必须服从中央统一领导。
Territorial integrity and national unification are preconditions for regional ethnic autonomy. They combine unification with autonomy and ethnic factors with regional factors, and are perfectly suited to China’s realities. China’s regional ethnic autonomy is autonomy under the unified leadership of the state. All ethnic autonomous areas are inseparable parts of the country, and all autonomous organs of these areas are local governments subject to the unified leadership of the central government.

实行民族区域自治,从制度和政策层面保障了少数民族公民享有平等自由权利以及经济、社会、文化权利。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。中国根据各少数民族的特点和需要,帮助各少数民族地区加速经济和文化发展。
Regional ethnic autonomy provides institutional and policy guarantees to ensure that ethnic minority citizens enjoy rights to equality and freedom and to economic, social and cultural services. On all standing committees of people’s congresses of the 155 ethnic autonomous areas, there are citizens from the ethnic groups exercising autonomy assuming the office of chair or vice chair; all governors, prefectural commissioners, heads of counties, or banners of ethnic autonomous areas are citizens from the ethnic groups exercising autonomy. China considers the characteristics and needs of all ethnic minorities, and assists all ethnic minority areas in accelerating their economic and cultural development.

 

(四)基层民主制度的人权保障
4. Ensuring Human Rights Through the Institutions of Grassroots Democracy

基层民主制度与保障人民群众的切身利益密切相关。中国的基层民主有以村民委员会为组织形态的农村村民自治、以城市居民委员会为组织形态的城市居民自治、以职工代表大会为组织依托的企事业单位职工自治等多种形式,人民群众广泛、直接参与社会事务管理。宪法、村民委员会组织法、城市居民委员会组织法、工会法等法律法规对基层民主自治制度作了相应规定,提供了法律基础和制度保障。
The institutions of grassroots democracy are crucial to protecting the immediate interests of the people. Grassroots democracy operates in multiple forms, including self-governance through villagers committees in rural areas, self-governance through urban residents committees, and self-governance in enterprises and public institutions through workers congresses. Through these organizations, the people participate extensively and directly in the management of social affairs. The Constitution, the Organic Law of the Villagers Committees, the Organic Law of the Urban Residents Committees, the Trade Union Law and other laws and regulations contain provisions on the system of democratic self-governance at the grassroots level, providing a legal basis and institutional guarantee.

广大人民在城乡基层群众性自治组织中,直接行使民主选举、民主协商、民主决策、民主管理和民主监督的权利,实现自我管理、自我服务、自我教育、自我监督。城乡居民依法选举产生了近280万名村(居)委会成员,村(居)民会议、村(居)民代表会议制度逐步完善,城乡居民参与民主决策渠道进一步拓宽。各地依托村(居)民议事会、村(居)民理事会、村(居)民听证会等形式,开展灵活多样的议事协商活动。村规民约、居民公约实现全覆盖,城乡居民自我约束更加规范。村(居)务监督委员会全面建立,村(居)务公开工作持续深化,民主评议和经济责任审计工作普遍开展。全国已有28个省(区、市)制定了35部有关企业民主管理的地方性法规,初步形成了以职工代表大会为基本形式,以厂务公开、职工董事、职工监事、平等协商集体合同制度为法定形式,以职工民主管理委员会、民主议事会等为补充形式的企业民主管理制度体系。
Through grassroots urban and rural organizations for self-governance, the people directly exercise their rights to democratic elections, consultations, decision-making, management, and oversight and manage their own affairs by involving the local residents in educating and serving the community and exercising public scrutiny. Urban and rural residents have elected almost 2.8 million members of the grassroots committees. The systems of committee meetings and congresses are improving, and the channels for urban and rural residents to participate in democratic decision-making are widening. Localities conduct discussions and consultations in flexible and diverse forms such as councils, hearings and others. All rural villages and urban communities have formulated their codes of conduct and the self-regulation of urban and rural residents has become more rule-based. Oversight committees have been universally established; the work to make community affairs more transparent is expanding; democratic appraisal and economic responsibility audit are carried out as a norm.

Across the country, 28 provinces and equivalent administrative units have formulated 35 local regulations concerning democratic management of enterprises. A preliminary institutional framework has been formed, with workers congresses as the basic element. The framework features open access to enterprise affairs, employees serving as board directors and board supervisors, and negotiation of collective contracts on an equal footing, supplemented by employees committees for democratic management and employees democratic councils.

 

四、促进各项人权全面发展
IV. Making Comprehensive Progress in Human Rights

中国共产党坚持把保障人民生存权、发展权作为首要的基本人权,坚持在发展中保障和改善民生,以发展促人权,努力推动人权事业全面发展,促进人的全面发展。
The CPC upholds the rights to subsistence and development as the primary and basic human rights, and works hard to ensure and improve people’s wellbeing through development. The Party makes every effort to achieve comprehensive progress in human rights and ensure the well-rounded development of all the people.

(一)切实保障人民的生存权
1. Ensuring the Right to Subsistence

经过长期不懈奋斗,中国人民实现了从翻身解放到解决温饱、从基本小康到全面小康,并正在向共同富裕目标迈进。
After a long period of unremitting work, the Chinese people have attained liberation, secured adequate food and clothing, become better off and achieved moderate prosperity in all respects step by step, and they are now heading towards a higher level of common prosperity.

贫困是实现人权的最大障碍。中国持续开展以农村扶贫开发为中心的减贫行动。中共十八大以来,以习近平同志为核心的党中央作出坚决打赢脱贫攻坚战的战略部署,明确目标任务,汇聚全党全国全社会之力打响脱贫攻坚战。经过8年持续奋斗,到2020年底,中国如期完成新时代脱贫攻坚目标任务,现行标准下9899万农村贫困人口全部脱贫,832个贫困县全部摘帽,12.8万个贫困村全部出列,区域性整体贫困得到解决。中国在减贫事业上取得的巨大成就,不仅改写了中国人权事业发展史,也创造了世界人权保障新奇迹,提前10年实现联合国2030年可持续发展议程减贫目标,显著缩小了世界贫困人口的版图,对全球减贫贡献率超过70%。
Poverty is the greatest obstacle to human rights. China has engaged in a huge program of poverty reduction focusing on development-driven poverty alleviation in rural areas. Since the 18th CPC National Congress held in 2012, the central Party leadership with Xi Jinping at the core has made specific plans and set clear goals and tasks for winning the battle against poverty. Resources across the Party and the whole country have been pooled for this battle. After eight years of continuous struggle, at the end of 2020 China achieved the goal of eliminating absolute poverty as scheduled. All the 99 million rural poor living below the current poverty line were raised from poverty, as were all the 832 counties and 128,000 villages classified as poor. Overall regional poverty no longer exists. China’s achievements in this field have written a new chapter in the history of human rights, and created a miracle in the global human rights effort. China is 10 years ahead in its plan to realize the goals of the United Nations 2030 Agenda for Sustainable Development. China’s contribution represents more than 70 percent of the global poverty reduction effort, and has significantly reduced the world’s impoverished population.

人民生活水平大幅提高。1952年、1978年中国国内生产总值分别为679亿元、3679亿元,人均国内生产总值分别为119元、385元。2020年,中国国内生产总值达1015986亿元,突破100万亿元大关,人均国内生产总值72000元,连续两年超过1万美元。1956年和1978年,全国居民人均可支配收入分别为98元和171元,居民人均消费支出分别为88元和151元。2020年,全国居民人均可支配收入32189元,居民人均消费支出21210元。
Living standards have improved. In 1952, China’s GDP was RMB67.9 billion and its per capita GDP was RMB119. In 1978, the GDP figure was RMB367.9 billion and the per capita figure was RMB385. In 2020, GDP reached RMB101.6 trillion, and per capita GDP was RMB72,000, more than the threshold of US$10,000 for the second year. In 1956, per capita disposable income of Chinese citizens was RMB98 and per capita consumer spending was RMB88. In 1978, the figures were RMB171 and RMB151. In 2020, per capita disposable income stood at RMB32,189, and per capita consumer spending was RMB21,210.

生命健康权保障水平大幅提升。中国共产党始终坚持卫生事业的公益属性,持续深入推进医药卫生体制改革。中共十八大以来,以习近平同志为核心的党中央强调“把保障人民健康放在优先发展的战略位置”“没有全民健康,就没有全面小康”,作出实施健康中国建设的重大决策。2019年,中国居民平均预期寿命从1949年的35岁提高到77.3岁,孕产妇和婴儿死亡率分别下降到17.8/10万和5.6‰,主要健康指标总体上优于中高收入国家平均水平。妇女儿童生命健康权保障水平大幅提升,被世界卫生组织列为妇幼健康高绩效的10个国家之一。
The rights to life and health are better protected. Treating health services as a matter of public welfare, the CPC has continued to drive deeper reform of the medical and health care system. Since the 18th National Congress of the CPC, the Central Committee has followed two guidelines: “People’s health is a strategic priority for development”, and “Without a healthy population, we will be unable to achieve moderate prosperity”. Based on such understanding, the leadership took a major decision to carry out the Healthy China initiative. In 2019, the life expectancy of Chinese citizens rose to 77.3 years, compared with 35 years in 1949; the maternal and perinatal mortality rate dropped to 17.8 per 100,000; and the infant mortality rate to 5.6 per 1,000. Main health indicators were generally higher than the average level of middle- and high-income countries. The protection of women and children’s rights to life and health has been extended considerably. In this area, China is recognized by the World Health Organization as one of the 10 fast-track countries to MDGs 4 and 5a.

2020年年初以来在全球范围内暴发的新冠肺炎疫情,是百年来人类遭遇的影响范围最大的全球性大流行病,对全世界是一次严重危机和严峻考验。在以习近平同志为核心的党中央坚强领导下,中国坚持人民至上、生命至上,把保障人的生命安全和健康放在第一位。开展新中国成立以来规模最大的医疗支援行动,调动全国医疗资源和力量,全力支持湖北省和武汉市医疗救治。自2020年1月24日至3月8日,全国共调集346支国家医疗队、4.26万名医务人员、900多名公共卫生人员驰援湖北。19个省份以对口支援、以省包市的方式支援湖北省除武汉市以外的16个地市。采取积极、科学、灵活的救治策略,慎终如始、全力以赴救治每一位患者,从出生仅30个小时的婴儿至100多岁的老人,不计代价抢救每一位患者的生命。实施患者免费救治,及时预拨疫情防控资金,确保患者不因费用问题影响就医,确保各地不因资金问题影响医疗救治和疫情防控。一些危重症患者治疗费用几十万元甚至上百万元,全部由国家承担。对本轮新冠肺炎疫苗接种实施全民免费,在受种者知情自愿同意的前提下,疫苗及接种费用由医保基金负担,财政对医保基金给予补助。
At the start of 2020, a Covid-19 epidemic spread in outbreaks all around the world. This is a global pandemic with the largest impact that humanity has encountered in a century, a serious crisis and a daunting challenge for the international community. Under the strong leadership of the CPC Central Committee with Xi Jinping at its core, China has put the people’s interests and their lives and health first – nothing is more precious than people’s lives.

Launching the largest medical assistance operation since the founding of the PRC, China mobilized all its medical resources to support the efforts in Wuhan and other locations in Hubei Province. From January 24, Chinese New Year’s Eve, to March 8, it rallied 346 national medical teams, consisting of 42,600 medical workers and more than 900 public health professionals to the immediate aid of Hubei, especially the city of Wuhan. Nineteen provinces and equivalent administrative units assisted 16 other prefectures/cities in Hubei in the form of paired assistance. Employing proactive, science-based, and flexible ways of treatment, the medical workers did everything possible to treat each and every patient, from an infant only 30 hours old to a centenarian. The goal was to save every single victim whatever the cost. The Chinese government provided free treatment for patients. Government funds for Covid-19 control were made available in advance to ensure that they could receive timely treatment and local authorities could proceed smoothly with measures for medical treatment and epidemic control. The individual cost for treating some Covid-19 patients in critical conditions reached hundreds of thousands of yuan, and in some extreme cases even exceeded RMB1 million, all covered by the state.

The current round of Covid-19 vaccination is free to all. With informed and voluntary consent of the recipients, the vaccines and vaccination costs are borne by the medical and health care insurance fund with subsidies from the state budget.

 

(二)大幅提升经济、社会、文化、环境权利保障水平
2. Ensuring Economic, Social, Cultural, and Environmental Rights

就业是民生之本。中国共产党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。2020年,在新冠肺炎疫情冲击下,党中央统筹推进疫情防控和经济社会发展,把就业列为“六稳”“六保”之首,推出减负、稳岗、扩就业等一系列政策举措,就业形势逐步回稳向好。2020年末城镇调查失业率为5.2%;全年城镇新增就业人数1186万人,比900万人的预期目标多286万人。
Employment is pivotal to people’s wellbeing. The CPC prioritizes employment in economic and social development. It carries out a pro-employment strategy and pursues a more proactive employment policy. In 2020, to compensate for the impact of the Covid-19 epidemic, the CPC Central Committee coordinated epidemic prevention and control with economic and social development. Employment topped the list of measures to stabilize the six fronts (employment, finance, foreign trade, inbound investment, domestic investment, and market expectations), and to guarantee the six priorities (jobs, daily living needs, food and energy, industrial and supply chains, the interests of market players, and the smooth functioning of grassroots government). A series of policies and measures were launched to reduce the burden on businesses, and stabilize and expand employment. As a result, the urban unemployment rate at the end of 2020 stood at 5.2 percent; 11.9 million new urban jobs were created, 2.9 million more than the forecast of 9 million.

中国已经建成了包括养老、医疗保障、社会救助等在内的世界上最大的社会保障体系,覆盖面不断扩大,保障水平不断提高。2020年,基本医疗保险覆盖达13.6亿人,共有城乡低保对象4427万人。截至2021年4月,全国参加基本养老保险人数100961万人。自2016年起,开展长期护理保险制度试点,启动跨省异地就医直接结算,社会保障领域公共服务能力不断提高。
China has put in place the world’s largest social security system, including pensions, medical and health care, and social assistance, expanding coverage and improving protection. In 2020, the basic medical insurance scheme covered 1.36 billion people, and a total of 44.3 million urban and rural residents received subsistence allowances. By April 2021, a little over 1 billion people had subscribed to basic old-age insurance across the country. In 2016, China pioneered a long-term nursing insurance system and launched real-time settlement of patient’s medical expenses for treatment incurred outside the administrative area of insurance registration.

居住和出行条件不断改善。中国城镇居民和农村居民人均住房建筑面积在改革开放之初分别为6.7平方米和8.1平方米,2019年分别增长到39.8平方米和48.9平方米。实施城镇保障性安居工程,帮助约2亿困难群众改善了住房条件,推进农村危房改造,不断改善城市和农村居住条件。截至2020年,全国公路总里程达519.8万公里,为新中国成立初期的64倍,高速公路以16.1万公里通车里程稳居世界之首。农村公路里程达438万公里,建制村通客车率达99.4%,农民群众“出门水泥路、抬脚上客车”成为现实。公共汽电车、轨道交通等城市客运基础设施快速发展,网约车、互联网租赁自行车、分时租赁等新业态新模式不断涌现。全国铁路运营里程达14.6万公里,其中高速铁路运营里程3.8万公里。全国民用航空(颁证)机场达241个。
Living conditions continue to improve. At the start of reform and opening up the per capita floor space of urban residents was only 6.7 sq m and rural residents 8.1 sq m. In 2019, the corresponding figures were 39.8 sq m and 48.9 sq m. Construction projects have been launched to provide affordable housing to urban residents, providing better housing to 200 million poor, and dilapidated rural dwellings have been renovated.

Travel facilities are also improving. At the end of 2020, China’s road network totaled 5.2 million km in length, 64 times of the figure in 1949 when the PRC was founded. China’s figure of 161,000 km of expressways is the highest in the world. The rural road network reached 4.4 million km, and 99.4 percent of administrative villages had bus services, realizing the dream of the rural people to have easy access to public transport. Urban passenger transport services such as buses, trams, and rail transit have developed rapidly. New business models such as online car-hailing, online bicycle rental, and time-share leasing continue to emerge. At the end of 2020, the rail network extended 146,000 km, including 38,000 km of high-speed rail. The country had 241 civil aviation airports.

国民受教育权利得到保障。教育投入大幅增长,办学条件显著改善,办学水平不断提高,农村教育得到加强,教育公平迈出重大步伐。城乡免费义务教育全面实现,2020年,9年义务教育巩固率为95.2%,义务教育普及程度达到世界高收入国家的平均水平。2020年,高中阶段教育毛入学率达91.2%,超过中等偏上收入国家平均水平。职业教育快速发展,高等教育由大众化阶段向普及化阶段迈进,2020年,普通本专科招生967.45万人,研究生教育招生110.66万人。
The right to education is guaranteed. Investment in education has grown substantially; conditions and standards in schools have greatly improved; rural education has been strengthened, and major strides have been made in ensuring equal access to education. Free compulsory education is available across the country. In 2020, the completion rate of the free nine-year compulsory education was 95.2 percent; in this metric China has reached the average of high-income countries. China’s gross enrollment rate in senior secondary education was 91.2 percent, higher than the average of upper-middle-income countries. Vocational education has developed rapidly, and higher education is transitioning from mass access to universal access. In 2020, about 9.7 million undergraduate students and 1.1 million postgraduates enrolled in colleges and universities.

社会主义文化事业全面繁荣,覆盖城乡的公共文化体系逐步建立,公共文化设施逐步实现免费开放。截至2019年,全国共有群众文化机构44073个,其中乡镇综合文化站33530个;全国群众文化机构共有馆办文艺团体8094个;由文化馆(站)指导的群众业余文艺团体44.18万个。全国共有体育场地371.3万个,体育场地面积31亿平方米,人均体育场地面积2.2平方米。公共体育场馆、全民健身中心、体育公园(或配建体育设施的公园)、公共健身设施覆盖率大幅提升。
Socialist cultural undertakings in China are flourishing in every respect. A public cultural service system covering both urban and rural areas is in place, and an increasing number of public cultural facilities are open to the public without charge. In 2019, China had 44,073 public cultural centers, including 33,530 township cultural facilities; the centers hosted 8,094 literary and artistic groups; and the township facilities hosted 441,800 amateur art groups. There were 3.7 million sports venues nationwide covering an area of 3.1 billion sq m, or a per capita area of 2.2 sq m. This represented a significant increase in public sports venues including stadiums, fitness centers, sports parks (or parks with sports facilities), and open fitness facilities.

中国坚持保护环境基本国策,秉持“良好生态环境是最普惠的民生福祉”的民生观,走可持续发展之路。中共十八大以来,坚持“绿水青山就是金山银山”的绿色发展观,将生态文明建设纳入中国特色社会主义“五位一体”总体布局,坚持走生态优先、绿色低碳的发展道路。卫星图像显示,全球从2000年到2017年新增的绿化面积中约1/4来自中国,贡献比例居世界首位。经初步核算,2020年单位国内生产总值二氧化碳排放比2005年下降48.4%,超额完成40%-45%的控制温室气体排放目标。2020年,清洁能源消费量占能源消费总量的比重升至24.3%,较1978年提高17.7个百分点;细颗粒物(PM2.5)未达标地级及以上城市平均浓度相比2015年下降28.8%;全国地表水水质优良(Ⅰ-Ⅲ类)断面比例提高到83.4%,劣V类断面比例下降到0.6%。
China upholds the basic national policy of environmental protection, and follows the path of sustainable development, believing that a good eco-environment is the most inclusive form of public wellbeing. Since the 18th CPC National Congress, the central leadership has adopted the philosophy of green development: “Clear waters and green mountains are invaluable assets.” It has incorporated eco-environmental progress into the Five-sphere Integrated Plan of building socialism with Chinese characteristics together with economic, political, cultural and social progress, and pursues green and low-carbon development with priority given to the eco-environment.

Satellite images show that from 2000 to 2017, China contributed a quarter of the world’s newly forested land, ranking first among all countries. According to preliminary calculations, China’s carbon dioxide emissions per unit of GDP in 2020 were 48.4 percent lower than that in 2005, over-delivering on its greenhouse gas emissions reduction target by 40-45 percent. In 2020, clean energy consumption accounted for 24.3 percent of total energy consumption, a rise of 17.7 percentage points from 1978. The average concentration of fine particulate matter (PM2.5) in cities at or above the prefecture level fell by 28.8 percent compared with 2015; and the proportion of excellent and good quality surface water (I-III) grew to 83.4 percent while that of inferior Class V surface water dropped to 0.6 percent.

 

(三)协调推进公民权利和政治权利保障
3. Coordinating Protection of Civil and Political Rights

人身权保障不断加强。宪法确认了公民人身权。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、平等适用刑法原则、罪刑相适应原则,依法制裁侵犯公民生命、健康、自由等权利的犯罪行为。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,保护犯罪嫌疑人、被告人和罪犯依法享有的人权。民法典强调人身自由、人格尊严受法律保护,明确规定公民的人身权利受法律保护,任何组织或者个人不得侵犯。行政处罚法、行政强制法等行政法律通过规范行政权保障公民人身权。为更好保障公民的人身自由,中国先后废止了劳动教养和收容教育制度。
Personal rights protection has been strengthened in China. The Constitution states that “the personal freedom of citizens of the PRC shall not be violated.” The Legislation Law stipulates that matters involving criminal offences and penalties, compulsory measures and penalties involving deprivation of a citizen’s political rights or restriction of personal freedom, and the justice system must be governed by laws developed by the National People‘s Congress (NPC) and its Standing Committee. The Criminal Law sets the principles of legality, equality before the law, and punishment fitting the crime. It punishes criminal acts that violate citizens’ rights to life, health, freedom, etc., as provided for by the law. The Criminal Procedure Law states in the General Provisions that respecting and protecting human rights is one of the objectives of this law, and defines the principles of presumption of innocence and exclusionary rule to protect the human rights of criminal suspects, defendants and criminals. The Civil Code states that a natural person’s right to life, life safety and dignity are protected by law and free from infringement by any organization or individual. The Law on Administrative Penalty, the Administrative Compulsion Law and other administrative laws protect the personal rights of citizens by regulating administrative power. China has successively abolished the systems of re-education through labor and of detention education to better protect the personal freedom of its citizens.

选举权受到法律保障。选举权和被选举权是宪法规定的公民基本政治权利,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。中国依据普遍、平等、直接选举和间接选举相结合以及差额选举、秘密投票的原则,依法保障人人享有平等的选举权利,实现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。
The right to vote is guaranteed by law. The right to vote and to stand for election is a basic political right of citizens defined in the Constitution: All citizens who have reached the age of 18 have the right to vote and stand for election, regardless of ethnicity, race, gender, occupation, family background, religious belief, education, property status, or length of residence, except persons deprived of political rights in accordance with the law. The principles of universality, equality, combination of direct and indirect elections, competitive election and secret ballot are applied to ensure equal right to vote for everyone in accordance with the law. The election system ensures that both rural and urban areas are represented by people’s congress deputies in proportion to their population, and that all regions, ethnic groups, and sectors of society have a certain proportion of deputies.

知情权参与权表达权监督权保障体系持续完善。建立健全常态化的法律草案公开征求意见工作机制。截至2021年4月,国家立法机关共有230件次法律草案向社会公开征求意见。民法典草案公开征求意见期间共收到425762人次提出的1021834条意见。大力推行政务公开,以公开为原则,不公开为例外,全面推行权力清单、责任清单、负面清单公开工作,全国均已公布省市县三级政府部门权力清单。健全依法决策机制,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,依法保障公民在行政决策中的参与权。不断完善信访制度,依法及时处理信访问题,维护群众合法权益。国家信访信息系统联通了全国31个省(区、市)和新疆生产建设兵团信访部门、42个中央和国家机关,方便群众反映情况、提出建议意见或者投诉请求。建立人民建议征集制度,畅通民意表达渠道,创新群众监督方式。建立便捷高效的网络表达平台,公民在网络上积极建言献策、表达诉求,有序参与社会管理,成为全过程民主的重要渠道。保障公民和社会组织对国家机关和公职人员进行监督的权利。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。
People’s rights to know, to be involved, to express views, and to supervise the exercise of power are better protected. A mechanism through which public opinion is consulted in drafting laws has been established and improved. By April 2021, the state legislatures had solicited public opinion on 230 draft laws. A total of 425,762 comments were received for the draft Civil Code alone, collecting 1,021,834 pieces of opinion.

Administrative work of the government has been made more transparent. Following the principle that public disclosure is the rule rather than the exception, a list of well-defined powers, a list of responsibilities and a negative list for governments at different levels have been introduced across the country. The power list for governments at provincial, city and county levels has been published nationwide.

The mechanism in which decisions are made in accordance with the law has been improved, with a focus on the effectiveness of public participation and the quality of expert discussion, so as to protect the citizens’ right to participate in administrative decision-making.

The public complaints reporting system has been steadily improved to ensure problems are handled in a lawful and timely manner, and people’s legitimate rights and interests are protected. The national public complaints information system links the public complaints and proposals departments of all the provincial-level administrative units on the Chinese mainland, and 42 departments of the CPC Central Committee and ministries of the central government. This system makes it easier for people to report information, or raise suggestions, complaints, or requests.

A system to solicit proposals from the public has been set up. China provides smooth channels through which people express their opinions, and offers innovative means of public supervision. It has put in place convenient and effective online platforms for citizens to offer their views and advice, express their demands, and participate in social management in an orderly manner, making such platforms an important channel for realizing whole-process democracy.

Citizens and social organizations have the right to supervise state organs and public functionaries. The NPC Standing Committee performs its constitutional and legal duty of supervision. The system for recording and reviewing regulations, rules and other normative documents has been improved, and a national platform has been set up to this end.

实行宗教信仰自由政策。中国始终坚持从本国国情和宗教实际出发,实行政教分离和宗教信仰自由政策,维护宗教和谐,构建积极健康的宗教关系,尊重和保护公民信仰宗教和不信仰宗教的权利。国家保护正常宗教活动,依法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。支持各宗教坚持独立自主自办原则,在独立自主、平等友好、互相尊重的基础上开展对外交往。在中国,信教公民和不信教公民相互尊重、和睦相处,积极投身改革开放和社会主义现代化建设,共同为实现中华民族伟大复兴的中国梦贡献力量。
Freedom of religious belief is guaranteed. Based on the realities of the country and the conditions applying to its religions, China follows the policies of separation of government from religion and of freedom of religious belief, maintains religious harmony, builds active and healthy religious relations, and respects and protects the citizens’ right to follow or not to follow any religion. The government protects normal religious activities, and manages religious affairs involving national and public interests but does not interfere in the internal affairs of religions. It supports all religions in upholding the principle of independence and self-management, and in carrying out external exchanges on the basis of independence, equality, friendship, and mutual respect. In China, believers and non-believers respect each other and live in harmony; they work together in China’s reform and opening up and socialist modernization for the realization of the Chinese Dream of national rejuvenation.

 

(四)全面保障特定群体权利
4. Protecting the Rights of Special Groups in All Respects

坚持各民族一律平等。依法保障各民族群众平等享有管理国家事务的权利。中国通过民族区域自治法、选举法、教育法、国家通用语言文字法、就业促进法等法律法规保障少数民族享有的各项权利。中国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%;十三届全国政协委员中少数民族委员247名,占11.45%。发展民族教育事业,在广大农牧区推行寄宿制教育,举办民族预科班、民族班,着力办好民族地区高等教育,保障少数民族受教育权利。目前,民族地区已全面普及从小学到初中9年义务教育,西藏自治区、新疆维吾尔自治区的南疆地区等实现了从学前到高中阶段15年免费教育。除回族历史上使用汉语,满族、畲族基本转用汉语外,其他52个少数民族都有本民族语言,有20多个少数民族共使用近30种文字。国家依法保障少数民族语言文字在行政管理、司法活动、新闻出版、广播影视、文化教育等各领域的合法使用。
China maintains that all ethnic groups are equal. It ensures that people of all ethnic groups have equal rights to administer state affairs in accordance with the law. China protects the rights of ethnic minority groups through the Law on Regional Ethnic Autonomy, the Electoral Law for the National People’s Congress and Local People’s Congresses, the Education Law, the Law on the Standard Spoken and Written Chinese Language, the Employment Promotion Law, and other relevant laws and regulations.

All 55 ethnic minority groups have deputies at the NPC and members in the National Committee of 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, and the 13th CPPCC National Committee has 247 members from ethnic minority groups, making up 11.5 percent of the total.

China has invested a significant effort in ethnic minority education. It works to ensure their right to education by running boarding schools in farming and pastoral areas, opening preparatory courses and special classes for ethnic minorities at colleges and schools, and prioritizing ethnic minority areas in developing higher education. Nine-year compulsory education (elementary and junior high schools) is universal in ethnic minority areas. In Tibet Autonomous Region and south Xinjiang Uygur Autonomous Region, students are exempt from charges for education for a total of 15 years from preschool to senior high school.

With the exception of the Hui, who have used Han Chinese historically, and the Manchu and She peoples who now generally use Han Chinese, the other 52 ethnic minorities have their own spoken languages, and over 20 groups use nearly 30 written scripts. The Chinese government protects by law the legitimate use of the spoken and written languages of ethnic minorities in the areas of administration and judicature, press and publishing, radio, film and television, and culture and education.

中国建立了包括100多部法律法规在内的全面保障妇女儿童权益的法律体系,先后制定实施了3个周期的妇女、儿童发展纲要,有力推动了妇女儿童事业与经济社会协调发展。制定专门法律,预防和制止家庭暴力,保护家庭成员的合法权益。多次修改完善刑法和刑事诉讼法,加强对未成年人的保护,严厉打击侵害未成年人的犯罪行为,健全涉罪未成年人的特殊保护制度。截至2021年4月,全国共有少年法庭1800余个,未成年人检察机构1500余个,未成年人检察机构检察官4400余名。
China has put in place a legal system of more than 100 laws and regulations that comprehensively protects the rights and interests of women and children. It has enacted three guidelines on women’s development and three on children’s development, coordinating protection of women and children with economic and social development.

China promulgated a special law to prevent and stop domestic violence and protect the legal rights of family members.

The Criminal Law and the Criminal Procedure Law have been amended many times to strengthen the protection of minors. Robust action has been taken against criminal acts against minors, and the system of special protection for minors involved in crimes has been improved. In April 2021, there were more than 1,800 juvenile courts, and more than 1,500 juvenile prosecuting organs with more than 4,400 prosecutors.

尊老敬老是中华民族的传统美德。多次修订完善老年人权益保障法,31个省(区、市)制定了配套地方性法规,切实保障老年人合法权益。2019年11月,中共中央、国务院印发《国家积极应对人口老龄化中长期规划》,进一步加强对老年人权益保障机制的顶层设计。经济困难的高龄、失能等老年人补贴制度实现省级全覆盖,积极构建老年健康服务体系。截至2021年3月,中国已有33万余个养老服务机构和设施,817.2万张养老服务床位;1477万老年人纳入城乡低保,383.8万老年人纳入特困人员救助供养,3290.2万老年人享受高龄、护理等不同类型的老年补贴。
Respecting the elderly is a traditional virtue of the Chinese culture. The Law on the Protection of the Rights and Interests of the Elderly has been formulated and amended a number of times, while regional regulations were made in 31 provinces and equivalent administrative units to protect the legitimate rights and interests of the elderly. In November 2019, the CPC Central Committee and the State Council issued the Medium and Long-term Plan for Proactive National Response to Population Aging, strengthening the top-level framework for protecting the rights and interests of the elderly.

All provincial-level administrative units on the Chinese mainland have adopted the subsidy system for elderly people experiencing economic difficulties or suffering from disabilities. China is building a health service system for the elderly. In March 2021, China had more than 330,000 institutions and facilities with 8.2 million beds to provide services to the elderly. 14.8 million senior citizens received subsistence allowances; 3.8 million received assistance and support for people in extreme difficulty; 32.9 million received advanced age subsidies, nursing subsidies, and other old-age subsidies.

残疾人权利保障不断加强。截至2021年4月,直接保护残疾人权益的法律有90多部,行政法规有50多部。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,截至2020年,有1212.6万困难残疾人享受了生活补贴,1473.8万重度残疾人享受了护理补贴。实现家庭经济困难的残疾学生12年免费教育,北京、辽宁、江苏、西藏、新疆等省(区、市)实现残疾学生15年免费教育。国家为残疾人提供职业培训和就业服务,截至2020年,累计有631.4万残疾人接受了职业技能培训。大力支持无障碍环境建设,积极推进康复辅助器具产业发展,建立实施残疾儿童康复救助制度,不断完善低收入重度残疾人社会化照护服务体系。加快发展精神障碍社区康复服务,推进精神卫生福利机构建设。
Protection of the rights of persons with disabilities has been strengthened. By April 2021, China had more than 90 laws and more than 50 administrative regulations on protection of the rights and interests of this group. China has established a subsidy system to provide living expenses for disabled persons in need and to pay the nursing costs of persons with severe disabilities. By 2020, this system had benefited 12.1 million of the former and 14.7 million of the latter.

China provides 12-year free education for disabled students with financial difficulties; 15-year free education for such students has been realized in Beijing, Liaoning, Jiangsu, Tibet, Xinjiang and some other provinces and equivalent administrative units. The government provides vocational training and employment services for persons with disabilities. By 2020, 6.3 million people with disabilities had received vocational skills training.

China gives strong support to creating an accessible environment, and developing the industry of assistive appliances for rehabilitation. It has established and implemented a rehabilitation and assistance system for children with disabilities, and made constant efforts to improve social care services for low-income people with severe disabilities. It is moving faster to develop community rehabilitation services for mental disorders, and to build mental health welfare institutions.

 

五、依法保障公民基本权利
V. Protecting the Basic Rights of Citizens in Accordance with the Law

中国共产党将依法治国和人权保障有机结合,贯穿于社会主义法治建设全过程。在推进全面依法治国进程中,科学立法为保障人权提供了坚实的法律体系,严格执法为保障人权提供了良好的法治政府环境,公正司法为保障人权提供了有力的司法救济途径。建立了以党章为本、若干配套党内法规为支撑的党内法规制度体系,强力反腐维护人民利益。
The CPC has integrated law-based governance with human rights protection, promoting both throughout the whole process of socialist rule of law. In advancing law-based governance, sound legislation has created a legal system to protect human rights, strict law enforcement has fostered a good law-based environment for human rights protection, and judicial justice has provided an effective channel for judicial remedy in the field of human rights. A sound system of intra-Party regulation has been formed based mainly on the Party Constitution and supplemented by other intra-Party rules, which is most effective in fighting corruption and safeguarding people’s interests.

(一)健全基本权利保障的法律体系
1. Improving the Legal System to Protect People’s Basic Rights

在中国共产党的领导下,中国特色社会主义法律体系已经形成,人权保障各方面立法较为完备。以宪法为根本依据,中国制定和完善了一系列保障人权的法律制度,为人权保障提供了法治基础。截至2021年4月,中国现行有效的法律共计277件,涵盖了宪法及宪法相关法、民商法、行政法、经济法、社会法、刑法、诉讼及非诉讼程序法等领域。民法典体现了对生命健康、财产安全、生活幸福、人格尊严等各方面权利平等保护,对依法维护人民权益、推动我国人权事业发展具有重要意义;基本医疗卫生与健康促进法、食品安全法、传染病防治法、体育法等法律法规为维护公民生命权、健康权作出了细致规定;刑法、刑事诉讼法确立罪刑法定、无罪推定、非法证据排除等原则规则,明确禁止刑讯逼供;立法法、行政强制法、行政处罚法对限制人身自由的强制措施和处罚进行了严格的法律保留;选举法、劳动法、教育法等法律法规将公民的选举权、被选举权、劳动权、受教育权等纳入基本保障体系。
Under the leadership of the CPC and based on the Constitution, a Chinese socialist system of laws has taken shape, providing a relatively complete legal system to protect human rights. As of April 2021, there were 277 laws in force in China, including the Constitution and related laws, civil and commercial law, administrative law, economic law, social law, criminal law and procedural law related to litigation and non-litigation. The Civil Code plays an important role in equal protection of people’s rights and advancing the cause of human rights in such areas as life and health, property, people’s wellbeing and human dignity. The Law on Promotion of Basic Medical and Health Care, the Food Safety Law, the Law on Prevention and Treatment of Infectious Diseases and the Law on Physical Culture and Sports include provisions to protect citizens’ rights to life and health. The Criminal Law and the Criminal Procedure Law provide the principles of legality, presumption of innocence, and exclusion of evidence obtained by illegal means, explicitly banning forced confessions. The Legislation Law, the Administrative Compulsion Law and the Law on Administrative Penalties follow the principle of strictly confining any compulsory measures and penalties involving personal freedom within the precise scope of the relevant laws. The Electoral Law, the Labor Law and the Education Law have incorporated into the protection system the citizens’ rights to vote, to be elected, to work and to access education.

(二)建设基本权利保障的法治政府
2. Applying Rule of Law in Governance to Safeguard the Basic Rights of the People

不断强化依法行政,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。中共十八大以来,中共中央、国务院先后印发《法治政府建设实施纲要(2015-2020年)》《法治中国建设规划(2020-2025年)》等文件,从政府职能、行政制度、行政决策、行政执法以及法治思维等方面对实现建成法治政府这一目标提出措施构想,切实保障公民基本权利。
China has made efforts to strengthen law-based governance and build a government that is open, impartial, clean, efficient and honest, with properly defined functions, statutory powers and responsibilities, and strict law enforcement. Since the 18th CPC National Congress in 2012, the CPC Central Committee and the State Council have released the Implementation Outline for Building a Law-based Government (2015-2020) and the Plan on Developing the Rule of Law in China (2020-2025) and other documents, putting forward measures and ideas for government functions, administrative institutions, administrative decisions, administrative law enforcement, and thinking in terms of the rule of law, thus effectively ensuring that people enjoy their basic rights.

把行政权力限制在法治框架之中。确立法无授权不可为的行政执法原则,完成行政机构改革,禁止法外设权、违法用权。落实行政规范性文件制定和监督管理规定、重大行政决策程序规定,实施政府法律顾问、公职律师制度。行政执法程序更加科学规范,建立行政裁量权基准制度和行政执法调查取证、告知、罚没收入管理、行刑衔接等制度,全面推行行政执法公示制度、执法全过程记录制度、重大执法决定法制审核制度,依法扩大听证事项范围、明确听证程序效力,推广非强制性执法手段,实施人性执法、柔性执法,建立“首违不罚制”。
Administrative power is constrained within the perimeter of the law. China has established a principle under which administrative bodies must not take any action that is not mandated by law. It has completed reform of the administrative structure, and prohibited any exercise of power not provided for by law, or any illegal use of power. The state has issued regulations on enacting normative documents and supervising and managing the implementation of such documents, and regulations on major administrative decision-making processes. It is prescribed that all government departments should employ legal advisers and government lawyers. China has improved its procedural standards for administrative law enforcement, and established a system of benchmarks for administrative discretion. It has developed systems to conduct investigations and collect evidence in administrative law enforcement, to keep any parties concerned informed, to manage the revenues from fines and confiscation, and to connect administrative law enforcement with criminal justice. The state has established public notification of administrative law enforcement, a recording system throughout the whole process of law enforcement, and a legal review of major law enforcement decisions. It has expanded the scope of hearings, and defined the effectiveness of hearing procedures. It has promoted non-mandatory law enforcement, carried out humane and flexible law enforcement, and established the principle of no punishment for a first offense that is trivial and has no serious consequences.

全面加强行政执法监督救济。实现案件流程信息化管理和同步记录,加强对执法活动的实时监督。建立以执法考评为主要内容的绩效考核体系,完善公正高效、便民为民的行政复议制度,建设行政执法信息平台和行政执法监督网络平台,实现执法队伍专业化、执法行为标准化、执法管理系统化、执法流程信息化。强化责任追究机制,有效规范行政执法行为。
China has strengthened the supervision of administrative enforcement of the law in all respects and improved the remedial process. China uses IT application in the management and on-site recording of case-handling procedures, and has strengthened real-time supervision over law enforcement activities. It has established a performance appraisal system with the focus on law enforcement, and put in place a sound administrative review system that is impartial, efficient and convenient and works in the interest of the people. The state has developed platforms to provide information and online supervision concerning administrative law enforcement, ensuring that enforcement personnel are professional and follow standardized rules in their work, and law enforcement management is systematic, and applying IT in the procedure. It has strengthened accountability mechanisms and effectively regulated administrative acts.

建设服务型政府。持续深化改革,加快转变政府职能,以法治手段维护公平竞争环境,加强监管和服务。终结非行政许可审批,全面推行证明事项和涉企经营许可事项告知承诺制,事中事后监管得到加强并持续优化。编制政务服务事项清单,建立政务服务“好差评”制度,简化办事流程,打造优质高效的办事服务环境。推行在线公共服务,着力建设全国一体化在线政务服务平台,推进各地区、各部门政务服务平台规范化、标准化、集约化建设和互联互通,推进基本公共服务的均等化、普惠化、便捷化。
In its effort to build a service-oriented government, China has continued to deepen reform, accelerate the transformation of government functions, ensure an environment of fair competition by legal means, and strengthen oversight and service provision. It has phased out licensing of matters not covered by the Law on Administrative Licensing, and replaced the provision of documentary evidence with an undertaking that relevant conditions have been met, for applications concerning individual matters and operating permits required for businesses, with strengthened oversight during and after the process. Government departments have published a full list of their services, established a government service evaluation system, and streamlined work processes to create a quality and efficient service environment. The central government has promoted online public services, advanced a national online platform for government services, and improved the standards, efficacy and connectivity of the service platforms of different regions and departments, ensuring that everyone has equitable and convenient access to basic public services.

 

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

深化司法体制改革,优化司法职权配置,确保审判权检察权依法独立公正行使。推进司法人员分类管理制度和司法职业保障制度改革。实行省级以下地方法院、检察院人财物统一管理,推进跨行政区划的人民法院和人民检察院的设立,部分省市设立知识产权法院、互联网法院、金融法院等。
By deepening reform of the judiciary, China has improved the allocation of judicial powers and responsibilities to ensure independent and impartial exercise of judicial power and the power of prosecutors. It has reformed the category-based management of judicial personnel and job security for the judicial profession. The state has carried out unified management of personnel, funds and property in people’s courts and procuratorates under the provincial level, and set up trans-regional people’s courts and people’s procuratorates. Courts to handle intellectual property and financial cases, and online courts have been established in some provinces and equivalent administrative units.

全面落实司法责任制,深化司法责任制综合配套改革,明确法官、检察官办案的权力和责任,完善惩戒机制,强化制约监督。人民法院完善审判权力和责任清单,严格违法审判责任追究,做到“让审理者裁判、由裁判者负责”。人民检察院建立以办案质量、效率和效果为基本内容的检察官业绩评价指标体系和考评机制,实现“谁办案谁负责、谁决定谁负责”。严格落实防止干预司法的相关规定。
To implement judicial accountability in all respects, China has carried out comprehensive and integrated reform of the judicial system. The state has made clear the powers and responsibilities of judges and prosecutors, improved the disciplinary mechanisms, and strengthened checks and oversight. The people’s courts have improved the list of judicial power and responsibilities, and strictly implemented the accountability system for unlawful judicial decisions, ensuring that those who hear cases pass judgments and take accountability for the cases they have adjudicated. The people’s procuratorates have developed a performance measurement system and evaluation mechanisms for prosecutors, focusing on the quality, efficiency and effectiveness of their case handling, to ensure that those who handle a case and make a ruling assume full responsibility for it. China has strictly implemented regulations to prevent interference in the justice system.

全面严格实施立案登记制,充分保障当事人诉权。坚持宽严相济刑事政策,精准适用刑罚。完善刑事诉讼程序,规范认罪认罚从宽制度的适用,健全刑事案件速裁程序实施机制,深化案件繁简分流,依法及时有效惩罚犯罪、保障人权。2020年,认罪认罚从宽制度全年适用率达86.8%。修改民事诉讼法,完善民事证据制度,促进纠纷有效解决,民事诉讼程序繁简分流试点在15个省份20个城市305家法院推开。加强对公共利益的司法保护,完善检察机关提起公益诉讼制度。修改行政诉讼法,强化行政相对人合法权益保护,发布行政机关负责人出庭应诉相关规定。
China has strictly implemented a case docketing and registration system across the board to fully protect citizens’ right to take legal action. The judiciary has continued to combine harsh punishment and leniency in handling criminal cases, and apply appropriate penalties in accordance with the law. It has improved criminal proceedings and standardized the system of showing leniency to suspects and defendants who confess to their crimes. China has improved a fast-track sentencing procedure for criminal cases and further separated the handling of simple and complex cases to punish those found guilty promptly in accordance with the law and to protect human rights. In 2020, 87 percent of the criminal cases were treated with leniency after the accused pled guilty. China has amended the Civil Procedure Law and improved the system of civil evidence to provide solutions to disputes more effectively. Separation of simple and complex civil cases has been piloted in 305 courts in 20 cities in 15 provinces. The state has strengthened judicial protection of public interest, and improved the system by which prosecuting bodies can bring public interest lawsuits to court. It has amended the Administrative Procedure Law, strengthened the protection of the legitimate rights and interests of any individual subjected to an administrative action, and issued regulations stipulating that the individual in charge of an administrative agency should appear in court if a lawsuit is filed against the agency.

深化司法公开,建立健全阳光司法机制。不断加强审判流程、庭审活动、裁判文书、执行信息司法公开平台和12309中国检察网信息公开平台、中国检察听证网建设。截至2021年4月,中国裁判文书网文书总量1亿多篇,访问总量607.34亿次,全国法院庭审直播数量累计突破1267.6万场。加强对司法活动的监督,深化刑事诉讼监督,加强民事行政诉讼监督,开展公益诉讼监督。落实人民陪审员法,不断完善人民陪审员制度,深化人民监督员制度改革。
Judicial activities are becoming more open to increase judicial transparency. China has improved the information-releasing platforms on judicial procedures, trials, written judgments, and the execution of judgments. It keeps improving the service of China Procuratorial Network and China Procuratorial Hearing Network. As of April 2021, China Judgments Online had published over 119 million judgments, attracting 60.7 billion visits. About 12.7 million court trials had been broadcast live. China has strengthened supervision over judicial activities, criminal proceedings and civil administrative proceedings, and carried out supervision over public interest litigation. It has implemented the Law on People’s Jurors, improved the system of people’s jurors, and deepened reform of the system of people’s supervisors.

保障当事人获得公正审判的权利。深入推进以审判为中心的刑事诉讼制度改革,严格贯彻罪刑法定、疑罪从无、证据裁判、非法证据排除等法律原则规则,完善出庭作证机制,实现庭审实质化。充分保障犯罪嫌疑人和被告人的辩护权和获得法律帮助的权利,深入开展刑事案件律师辩护全覆盖试点;保障辩护律师会见、阅卷、调查取证、质证和辩论辩护等各项诉讼权利;完善保障律师依法履职机制,建立健全维护律师执业权利快速联动处置机制。坚持实事求是、有错必纠,防范和纠正冤假错案。严格控制并慎用死刑,大幅减少适用死刑的罪名。
China strives to ensure that those accused of criminal offences receive a fair trial. China has promoted reform of the criminal litigation system centered on the court trial. It strictly follows the principles of legality, presumption of innocence, and evidence-based verdict, and excludes any evidence obtained by illegal means. It has improved the mechanism for witnesses to appear in court, and ensures that court trial plays the decisive role in the judicial process. China has fully guaranteed the rights of criminal suspects and defendants to defense and to legal aid. Pilot work has been advanced to ensure that a legal defense is provided in all criminal cases. The state protects defense lawyers’ right to meet their clients, to examine the case files, to investigate and obtain evidence, to conduct cross-examination, to debate and defend, and other rights related to court hearings. It has improved the mechanism for lawyers to perform their duties in accordance with the law, and formed a joint quick response system to ensure lawyers’ right to practice. China follows the principle of seeking truth from facts and corrects any mistakes found in judicial proceedings to prevent and address miscarriage of justice. China is very cautious about using the death penalty, and the number of crimes punishable by the death penalty has been reduced significantly.

保障犯罪嫌疑人、被告人、服刑人员、社区矫正对象、戒毒人员及刑满释放人员的合法权利。进一步完善减刑、假释、暂予监外执行制度,持续构建开放、动态、透明、便民的监狱阳光执法机制,持续提升监狱执法规范化水平。制定出台社区矫正法及其实施办法,不断推动社区矫正工作制度化、规范化、专业化发展,依法开展监督管理和教育帮扶等活动,促进社区矫正对象在开放化社会环境下顺利回归社会。出台禁毒法、戒毒条例等,依法保障戒毒人员合法权益,开展执法监督。建立健全社会组织参与帮教特殊人群的机制和制度,落实社会救助和就业安置措施,促进刑满释放人员顺利融入社会。
China ensures the legitimate rights and interests of criminal suspects, defendants, prisoners, minor offenders under community correctional programs, people on drug rehabilitation and people released from jail after serving their sentence. China has put in place sound systems of commutation, parole and temporary execution of sentence outside prison, and continues to improve the mechanisms for promoting open, dynamic, transparent, and convenient law enforcement in prison, and to standardize law enforcement in prison. The government has promulgated the Community Correction Law and measures for its implementation, which has helped to institutionalize and standardize sentences of community services and made the system more professional. It has strengthened supervision, management and education of and assistance to those sentenced to community service, and a less restrictive social environment can help them reintegrate into society more smoothly. The state has promulgated the Narcotics Control Law and the Regulations on Drug Rehabilitation, ensured the legitimate rights and interests of persons in rehabilitation, and carried out law enforcement supervision in this regard. China has improved the institutions and mechanisms for social organizations to help educate the people released from jail after serving their sentence, ensured their access to social assistance, and provided employment assistance to them to facilitate their return to normal life.

建立健全权利救济和司法救助制度。建立完善国家赔偿制度,赔偿标准随经济社会发展不断提高,侵犯公民人身自由权每日赔偿金额从1995年的17.16元,上升到2021年的373.10元。健全完善国家司法救助制度,设立司法救助委员会,建立健全司法救助与社会救助、法律援助的衔接机制,帮助受到侵害但无法获得有效赔偿的当事人摆脱生活困境。
China has improved the system of remedy for infringement of rights and judicial assistance. It has put in place a state compensation system. Compensation has increased over the years along with the economic and social development of the country. The daily compensation for violation of a citizen’s personal liberty has risen from RMB17.2 in 1995 to RMB373.1 in 2021. China has improved the state judicial assistance system. It has established judicial assistance committees, and improved the institutions for dovetailing judicial assistance with social assistance and legal aid to help victims of a crime who are unable to obtain sufficient compensation to extricate themselves from financial difficulties.

建立和完善公共法律服务。加快推进建设覆盖城乡、便捷高效、均等普惠的现代公共法律服务体系。建立健全法律援助制度,发布刑事、民事、行政法律援助服务规范,加大法律援助力度。全面推进律师事业发展,截至2021年4月,全国律师总人数已达52.9万。
China strives to improve its public legal services. The state has stepped up efforts to develop a modern network covering both urban and rural areas that provides convenient and efficient public legal services to all. A sound legal aid system has been established and specifications for criminal, civil and administrative legal aid services have been issued to provide legal aid to more people. China encourages the development of the legal profession. As of April 2021, there were 529,000 lawyers throughout the country.

六、推进世界人权事业发展
VI. Advancing Human Rights Around the World

中国共产党坚持为中国人民谋自由与幸福,为人类社会谋和平与进步。中国共产党以自己的实际行动证明,她是一个爱好和平与进步的政党,是一个献身人类正义事业的政党,是一个推动世界人权事业不断发展的政党。
The CPC is committed to bringing freedom and happiness to the Chinese people, and peace and progress to the whole of humanity. Its achievements prove that it is a peace-loving political party committed to progress, justice and human rights in the world.

(一)致力于世界和平与进步事业
1. Devoted to World Peace and Progress

在新中国成立之初,中国共产党就把维护世界和平作为最为关切的人类命运大事。中国积极支持广大发展中国家摆脱殖民统治、实现民族独立、消除种族隔离的正义事业。20世纪50年代,中国共产党率先提出互相尊重主权和领土完整、互不侵犯、互不干涉内政、平等互利、和平共处五项原则。1955年,万隆会议将和平共处五项原则确认为亚非国家建立友好合作和亲善睦邻关系的基础。20世纪60年代兴起的不结盟运动把和平共处五项原则作为指导原则。1970年和1974年联合国大会通过的有关宣言接受了和平共处五项原则。时至今日,和平共处五项原则不仅是中国共产党处理国际事务的重要基石,而且获得了国际社会广泛赞同与遵守,被公认为国际法和国际关系的基本准则。
Since the founding of the PRC in 1949, the CPC has taken world peace as its most serious concern, because it is critical to the future of humanity. China supported the efforts of developing countries to get rid of colonial domination, achieve national independence, and end racial segregation. In the 1950s, the CPC initiated the Five Principles of Peaceful Coexistence:

•mutual respect for sovereignty and territorial integrity

•mutual non-aggression

•non-interference in each other’s internal affairs

•equality and mutual benefit

•peaceful coexistence

In 1955, the Bandung Conference set these five principles as the basis for Asian and African countries to establish friendship, cooperation and good-neighborly relations. The Non-Aligned Movement that rose in the 1960s set these principles as its guideline. These principles were also accepted in a number of declarations adopted at the 1970 and 1974 UN general assemblies. The five principles have been an important foundation by which the CPC handles China’s foreign affairs, and have become a cornerstone of international law and international relations, widely recognized and observed by the international community.

20世纪70年代末80年代初,中国共产党审时度势,作出和平与发展是时代主题的判断。中国高举和平、发展、合作、共赢的旗帜,成为促进人类社会和平发展的重要力量。中国秉持《联合国宪章》宗旨和原则,维护以联合国为核心的国际体系和以国际法为基础的国际秩序,坚持共商共建共享的全球治理观和共同、综合、合作、可持续的新安全观,着力推动和平解决争端、维护世界和平和地区安全稳定。自1990年起,中国军队正式加入联合国维和行动;2000年,中国首次派遣警察执行维和任务。迄今,中国是联合国安理会常任理事国中派出维和人员最多的国家,也是联合国维和经费的第二大摊款国。中国已累计向苏丹、黎巴嫩、柬埔寨、利比亚等国家和地区派出维和军事人员4万余人次,参加了近30项联合国维和行动。
During the late 1970s and early 1980s, the CPC made the judgment that peace and development are the themes of today’s world. Upholding peace, development, cooperation and mutual benefit, China has become a major force in promoting world peace and progress. Adhering to the purposes and principles of the United Nations Charter, China is committed to upholding the UN-centered international system and the international law-based global order. To promote peaceful settlement of disputes, and safeguard world peace and regional security and stability, it advocates global governance based on extensive consultation, joint contribution and shared benefits, and champions a new vision of security that is common, comprehensive, cooperative and sustainable.

China began to participate in UN peacekeeping operations in 1990, and dispatched peacekeeping police for the first time in 2000. It now ranks first among the permanent members of the UN Security Council in terms of the number of peacekeepers dispatched, and is the second largest fund contributor to the UN’s peacekeeping actions. China has sent more than 40,000 military personnel to participate in about 30 UN peacekeeping missions in Sudan, Lebanon, Cambodia, Libya, and other countries and regions.

中国积极参与国际军控、裁军和防扩散进程,反对军备竞赛,维护全球战略平衡与稳定。中国签署或加入《不扩散核武器条约》等20余个多边军控、裁军和防扩散条约。中国作为联合国安理会常任理事国,积极参与国际和地区热点问题的政治解决。中国积极参与国际执法安全合作,在联合国、国际刑警组织、上海合作组织等国际和地区组织框架下加强合作,打击一切恐怖主义、分裂主义、极端主义犯罪和毒品犯罪。
China actively participates in international arms control, disarmament and non-proliferation, opposes arms races, and safeguards global strategic balance and stability. China has signed up more than 20 multilateral arms control, disarmament or non-proliferation treaties such as the Treaty on the Non-Proliferation of Nuclear Weapons. As a UN Security Council permanent member, China is active in the political settlement of international and regional flashpoints, and in international cooperation on law enforcement and security. To combat terrorism, separatism, extremism, and drug-related crimes it has intensified cooperation under the framework of international and regional organizations, including the UN, the International Criminal Police Organization and the Shanghai Cooperation Organization.

中国在致力于实现自身发展、消除贫困的同时,通过援建成套项目、提供一般物资、开展技术合作和人力资源开发合作、派遣援外医疗队和志愿者、提供紧急人道主义援助以及减免受援国债务等方式,向其他发展中国家提供不附加任何政治条件的发展援助,帮助受援国增强自主发展能力,丰富和改善人民生活,促进经济发展和社会进步。中国开展对外援助70多年来,共向166个国家和国际组织提供了援助,派遣60多万名援助人员,先后7次宣布无条件免除重债穷国和最不发达国家对华到期政府无息贷款债务。中国积极向亚洲、非洲、拉丁美洲和加勒比地区、大洋洲的69个国家提供医疗援助,先后为120多个发展中国家落实联合国千年发展目标提供帮助。自1998年以来,中国通过捐款、援助物资、举办培训、实地指导等方式,向40余国提供了总价值超过1亿元的人道主义扫雷援助,培训了1000余名专业扫雷人员,帮助雷患国清除雷患。
Committed to poverty elimination and its own development, China also provides assistance, without any political conditions, to strengthen other developing countries’ capacity for development, improve and enrich the lives of their people, and promote their economic growth and social progress. China’s aid takes various forms, including complete projects, goods and materials, technological cooperation, cooperation on training human resources, medical teams and volunteers, humanitarian aid, and debt relief. Over the past seven decades, it has assisted 166 countries and international organizations, sent over 600,000 people on aid missions, and canceled matured government interest-free debts owed by heavily indebted poor countries and least-developed countries on seven occasions. It has provided medical assistance to 69 Asian, African, Latin American and Caribbean, and Oceanian countries, and helped more than 120 developing countries achieve the UN Millennium Development Goals. Since 1998, in order to support mine-clearance in over 40 affected countries and help their rebuilding efforts, China has provided RMB100 million in the forms of donations, materials, training sessions and on-the-spot guidance, and trained more than 1,000 demining specialists.

中国积极参与联合国2030年可持续发展议程磋商,全面做好国内落实工作,率先发布落实议程的国别方案和进展报告,在多个领域实现早期收获。在南南合作框架下,为其他发展中国家落实议程提供帮助。截至2020年,中国-联合国和平与发展基金2030年可持续发展议程子基金相继启动实施34个项目,涵盖经济、社会、环境三大领域,为全球落实议程注入强大动力。2015年,中国宣布设立南南合作援助基金,目前已在亚洲、非洲、美洲等地区50多个国家实施了100余个有关救灾、卫生、妇幼、难民、环保等领域的发展合作项目。
China actively participates in the consultations on the UN 2030 Agenda for Sustainable Development. It has implemented the agenda at home in all respects, and took the lead in publishing its national plan and progress report, delivering early results in a number of fields. China has assisted other developing countries to pursue the agenda within the south-south cooperation framework. By 2020, the 2030 Agenda for Sustainable Development Sub-Fund of the China-UN Peace and Development Trust Fund had launched 34 projects covering the economy, society and the environment in support of the agenda. The South-South Cooperation Assistance Fund launched by China in 2015 has carried out over 100 development cooperation projects concerning disaster relief, health, women and children, refugees and environmental protection in more than 50 countries in Asia, Africa, America and other continents.

 

(二)积极参与国际人权事务
2. Engaging in International Human Rights Undertakings

中国先后批准或加入了26项国际人权文书,其中包括6项联合国核心人权条约。中国信守所承担的人权条约义务,积极将国内法律和政策与条约义务相衔接,及时提交履约报告,全面客观反映中国在履约过程中取得的进展、遇到的问题与困难因素,切实履行国际人权条约义务。中国积极参加各条约机构对中国履约报告的审议,注重与相关人权条约机构开展建设性对话,结合国情积极采纳建议。自2009年以来,中国3次接受联合国人权理事会普遍定期审议并顺利通过核可,中国对各国所提建议均给予认真、负责任的反馈。绝大多数国家肯定中国人权发展成就和中国对世界人权事业作出的贡献。
China has signed 26 international human rights instruments, including six core UN conventions. It fulfills its obligations prescribed in these human rights conventions, ensures that the formulation, legislation, and any amendments of its laws and policies are consistent with these conventions, and submits periodic reports to give feedback on the progress made and any difficulties and problems encountered in implementing them. China attends the reviews from the treaty bodies on its implementation. China has conducted constructive dialogue with the relevant treaty bodies and adopted their suggestions in accordance with the actual conditions in China. It has also undertaken three cycles of United Nations Human Rights Council (UNHRC) Universal Periodic Review since 2009, with its reports being adopted, and it has given due attention and responsible feedback to all suggestions from other countries. Most countries have affirmed China’s achievements in this regard and its contribution to international human rights.

自1971年中国恢复在联合国合法席位后,便积极参与国际人权机制。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。2006年人权理事会成立以来,中国已五度当选理事会成员,有近20名中国籍专家担任联合国多个多边人权机构或专门委员会的委员。中国同联合国人权事务高级专员及其办公室保持建设性接触,先后8次接待人权高专访华,多次邀请高专办官员来华交流访问。截至2021年4月,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、老年人权利问题独立专家等9个特别机制11次访华。中国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予以答复。
Since China recovered its legitimate seat in the UN in 1971, it has played an active role in international human rights issues. In 1982, China became an official member state of the UN Commission on Human Rights (UNCHR) and has maintained this position ever since. Since the UNHRC was established in 2006, it has been elected a council member five times, and about 20 Chinese experts served on the UN’s multilateral human rights organizations and special commissions.

China maintains constructive contacts with the Office of the High Commissioner for Human Rights (OHCHR), receiving eight visits by the UN High Commissioner for Human Rights to China, and inviting many of the OHCHR officials to visit China. By April 2021, China has invited 11 visits by nine UN representatives and groups:

•the UN Special Rapporteur on freedom of religion or belief,

•the UN Working Group on Arbitrary Detention,

•the UN Special Rapporteur on the right to education,

•the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

•the UN Special Rapporteur on the right to food,

•the UN Working Group on discrimination against women and girls,

•the UN Independent Expert on foreign debt,

•the UN Special Rapporteur on extreme poverty and human rights, and

•the UN Independent Expert on the enjoyment of all human rights by older persons.

China handles letters from the Special Procedures of the UNHRC with due attention, carrying out any necessary investigations and giving timely replies.

中国参与制定国际人权规范,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庭成员权利国际公约》,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的制定工作组会议。中国作为主要推动者之一,参与了《发展权利宣言》起草工作。中国推动亚洲国家通过《曼谷宣言》,作为第二届世界人权大会副主席国参与起草《维也纳宣言和行动纲领》。中国积极参与劳工保护、人道主义、社会责任等领域国际规则制定。中国是《联合国气候变化框架公约》首批缔约方之一,全程参与并有效推动气候变化多边进程,为推动达成《巴黎协定》作出积极贡献。
China is a contributor to international human rights standards:

•It 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, and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, along with other important documents on human rights protection.

•As one of the major initiators, it took part in the drafting of the Declaration on the Right to Development.

•It urged other Asian countries to adopt the Bangkok Declaration on human rights in 1993, and participated in drafting the Vienna Declaration and Programme of Action at the Second World Conference on Human Rights.

•It actively participates in the formulation of international rules on labor protection, humanitarianism and social responsibility.

•As one of the first signatories to the UN Framework Convention on Climate Change, it participated in and effectively promoted the whole multilateral process of climate change issues, and made a positive contribution to the adoption of the Paris Agreement.

 

中国积极推动国际人权机构改革朝着更加公正合理包容方向发展。在设立联合国人权理事会过程中,中国主张会员国公平地域分配,提升发展中国家在人权理事会中的代表性;中国主张扭转将人权问题政治化的现状,不搞双重标准,减少和避免对抗,促进合作,推动人权理事会以公正客观、非选择性、普遍性等方式审议人权问题。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、国际金融机制等议题的特别会议,积极推动完善国际人权机制。中国支持对人权条约机构进行必要改革,促进条约机构依据条约授权履职并与缔约国在相互尊重的基础上开展对话与合作。
China supports the reform of international human rights organizations in a fair, rational and inclusive direction. In establishing the UNHRC, China advocated membership based on equitable geographical distribution, so as to increase the representation of developing countries. It proposes to reverse the present practice of politicizing human rights issues, do away with double standards, refrain from confrontation or minimize its impact, facilitate cooperation, and encourage the UNHRC to review human rights issues in a just, objective, non-selective and universal manner. China supports the UNHRC in establishing specialized mechanisms for securing safe drinking water, protecting cultural rights, and defending the rights of persons with disabilities. It advocates for special conferences on food security and global financial mechanisms, and promotes the international mechanisms for protecting human rights. China stands by the necessary reform of the human rights treaty bodies, seeing that they perform their duties within their mandate and engage in dialogue and cooperation with signatory states on the basis of mutual respect.

自1990年以来,中国与美国、澳大利亚、加拿大、英国、挪威、德国、荷兰、瑞士、新西兰以及欧盟等西方国家和国际组织进行人权对话和交流,与俄罗斯、埃及、南非、巴西、马来西亚、巴基斯坦、白俄罗斯、古巴以及非盟等发展中国家或国际组织开展人权磋商。中国人权研究会、中国人权发展基金会等社会组织积极参与联合国人权理事会会议和活动,组团赴亚洲、北美、南美、欧洲、大洋洲、非洲的数十个国家交流访问,并邀请多国人权领域的政府官员和专家学者访华,增进了理解与互信。中国通过“北京人权论坛”“南南人权论坛”“中欧人权研讨会”“中美司法与人权研讨会”等国际人权交流活动,拓展了国际人权交流合作,增进了在人权问题上与各国的相互了解。
Since 1990, China has held dialogues and discussions on human rights with Western countries and international organizations such as the US, Australia, Canada, the UK, Norway, Germany, the Netherlands, Switzerland, New Zealand and the EU, and held consultations with developing countries and international organizations including Russia, Egypt, South Africa, Brazil, Malaysia, Pakistan, Belarus, Cuba, and the African Union. The China Society for Human Rights Studies, China Foundation for Human Rights Development and other human rights NGOs in China have taken an active part in the UNHRC conferences and activities, organized teams to visit dozens of countries in Asia, North America, South America, Europe, Oceania and Africa. They have also invited government officials, experts and academics on human rights from various countries to visit China to enhance mutual understanding and trust. Through a series of international mechanisms like the Beijing Forum on Human Rights, the South-South Human Rights Forum, the China-Europe Seminar on Human Rights, and the Sino-American Dialogue on the Rule of Law and Human Rights, China has expanded its exchanges and cooperation with other countries on human rights, leading to greater mutual understanding in this respect.

 

(三)推动构建人类命运共同体
3. Building a Global Community of Shared Future

共建“一带一路”倡议是推动构建人类命运共同体的重要实践平台。这一倡议秉持和遵循共商共建共享原则,坚持开放、绿色、廉洁理念,积极推动政策沟通、设施联通、贸易畅通、资金融通、民心相通,追求实现高标准、可持续、惠民生目标,是共同发展的倡议,也是保障人权的倡议。据世界银行研究报告,共建“一带一路”倡议将使相关国家760万人摆脱极端贫困、3200万人摆脱中度贫困,将使参与国贸易增长2.8%至9.7%、全球贸易增长1.7%至6.2%、全球收入增加0.7%至2.9%。“一带一路”既是和平之路、繁荣之路、开放之路、创新之路、文明之路,也是实现全人类共同发展的人权之路。
Belt and Road cooperation is a major platform for building a global community of shared future. Upholding the principle of extensive consultation, joint contribution and shared benefits, and pursuing open, green and clean cooperation, the Belt and Road Initiative promotes policy, infrastructure, trade, financial and people-to-people connectivity and targets high-standard, sustainable and people-centered goals. It is an initiative for common development and also for protecting human rights. According to a World Bank study[ The World Bank, Belt and Road Economics: Opportunities and Risks of Transport Corridors, 2019. ], the initiative could help lift 7.6 million people out of extreme poverty and 32 million people out of moderate poverty. It could boost trade by 2.8 to 9.7 percent for the corridor economies, and by 1.7 to 6.2 percent for the world. Global real income could increase by 0.7 to 2.9 percent. In addition to a path towards peace, prosperity, opening up, innovation, and cultural exchanges, the Belt and Road is also a route to common development and full human rights for the whole of humanity.

中国努力推动构建公平合理、合作共赢的全球环境治理体系,共同构建人与自然生命共同体。中国建立中欧环境与气候高层对话机制,并继续开展应对气候变化南南合作,启动中非环境合作中心,积极推动“2020年后全球生物多样性框架”进程。中国将生态文明领域合作作为共建“一带一路”重点内容,发起系列绿色行动倡议,采取绿色基建、绿色能源、绿色交通、绿色金融等一系列举措,持续造福参与共建“一带一路”的各国人民。中国已提出力争2030年前实现碳达峰,努力争取2060年前实现碳中和,这是中国基于推动构建人类命运共同体的责任担当和实现可持续发展的内在要求作出的重大战略决策。
China is also striving to create a just and rational global environmental governance system driven by cooperation and mutual benefit, and eventually to build a community of harmony between humanity and nature. China has established the China-EU High-Level Environment and Climate Dialogue, and continued south-south cooperation on climate change. It inaugurated the China-Africa Environmental Cooperation Center, and promoted the adoption of the Post-2020 Global Biodiversity Framework. Taking eco-environmental cooperation as a major element of Belt and Road cooperation, it has launched a series of green action initiatives, and adopted such measures as green infrastructure construction, green energy, green transport and green finance, so as to deliver solid benefits to all peoples of the countries participating in the Belt and Road. China has announced that it will try to make its carbon dioxide emissions peak before 2030 and will strive to achieve carbon neutrality before 2060. This strategic policy decision is based on its commitment to help build a global community of shared future and its internal need for sustainable development.

中国积极推动构建人类卫生健康共同体。中国积极通过援建医院、提供药品和医疗设备、派遣医疗队、培训医疗人员、与发展中国家共同开展疾病防治交流合作等形式,支持受援国进一步改善医疗卫生条件,提高疾病防控水平,加强公共卫生能力建设。截至2021年4月,中国已累计派遣医疗队员2.7万人次,诊治患者2.8亿人次。新冠肺炎疫情发生以来,中国坚持同国际社会加强交流合作,并力所能及地为国际组织和其他国家提供援助和支持,为全球抗疫贡献中国智慧、中国力量。习近平主席亲自推动开展国际合作,呼吁各国团结合作战胜疫情,共同构建人类卫生健康共同体。截至2021年4月,中国已向世界卫生组织提供5000万美元现汇援助,向34个国家派出37支医疗专家组,已经或正在向151个国家和14个国际组织提供抗疫援助,并向联合国新冠肺炎疫情全球人道应对计划提供支持,有力支持了国际社会疫情防控。与此同时,中国积极开展国际科研交流合作,加强同世界卫生组织沟通交流,同有关国家在溯源、药物、疫苗、检测等方面开展科研交流与合作,共享科研数据信息,共同研究防控和救治策略。
China has engaged itself actively in building a global community of health for all. By building hospitals, offering medicine and medical equipment, dispatching medical teams, training local healthcare workers, and carrying out exchanges and cooperation on disease prevention and control, it has helped recipient developing countries further improve their medical and healthcare provision, raise the standards of their disease prevention and control, and strengthen their capabilities in public health. By April 2021, it had dispatched 27,000 medical workers on aid missions abroad, who have treated 280 million patients.

China has been carrying out exchanges and cooperation with the international community since the onset of the Covid-19 epidemic. It has done all it can to provide assistance and support to international organizations and other countries, contributing ingenuity and strength to the global battle against the coronavirus. President Xi Jinping acted in person to promote international cooperation, calling for solidarity from all countries in the battle, and joint efforts in building a global community of health for all. By April 2021, China had donated USD50 million in cash to the World Health Organization (WHO), and sent 37 medical expert teams to 34 countries. It has already provided or is offering assistance to 151 countries and 14 international organizations, and has contributed to the UN Covid-19 Global Humanitarian Response Plan. All these efforts support international epidemic prevention and control. At the same time, China has strengthened communication and exchanges with the WHO, conducted exchanges and cooperation with other countries on research in virus traceability, medicines, vaccines, and testing, shared scientific research data and information, and jointly studied prevention, control and treatment strategies.

 

七、丰富发展了人权文明多样性
VII. Adding Diversity to the Concept of Human Rights

在中国实现尊重人权、保障人权、发展人权,没有现成的条条框框可以照搬,必须从本国实际出发,走自己的路。中国共产党坚持将人权的普遍性原则与本国实际相结合,成功地走出了一条符合国情的人权发展道路,丰富发展了人权文明多样性。
For China, there are no ready models to copy in respecting, protecting and developing human rights. China must proceed from its prevailing realities and go its own way. Applying the principle of universality of human rights to China’s national conditions, the CPC has opened a new path of human rights protection, and added diversity to the concept of human rights with its own practices.

——坚持中国共产党领导、社会主义制度与尊重和保障人权相统一。没有中国共产党的领导,便没有社会主义制度;没有社会主义制度,便无法保障全体人民的根本权益。中国共产党在人权上的政治原则是人民当家作主,人民当家作主的实现主要体现在民主、自由、平等等权利的获得和实现上,这也是社会主义核心价值观的重要内容。同时,发展好人权事业,不断提高人权保障水平,又能够更好地坚持中国共产党的领导和发展社会主义制度,进而实现国家长治久安、繁荣发展。
– Upholding CPC leadership and the socialist system in promoting human rights. We would not have socialism in China without the leadership of the CPC, nor could we protect the fundamental interests of the people without socialism as the basic system. The people as the masters of the country is the basic political principle of the CPC on human rights, realized by democracy, freedom, equality and other rights, which are also important core socialist values. By developing and protecting human rights, the CPC can strengthen its leadership and better develop socialism for long-term peace, stability, and prosperity.

——坚持以发展促进人权保障。发展是解决中国所有问题的总钥匙,也是推动中国人权事业进步的发力点。中国共产党坚持从国情出发,创造性地提出“生存权、发展权是首要的基本人权”的人权观,构建起了中国人权事业不断发展进步的“密码”。生存权是享有其他权利的前提和基础,是处于首要地位的权利。发展权与生存权是紧密相连的。中国共产党深信,坚持把生存权、发展权放在首要位置,不断促进各项人权全面发展,是实现中国人民人权梦想的不二选择。
– Promoting human rights through development. Development is the key to solving all China’s problems; it drives human rights progress in the country. Based on its prevailing realities, the CPC considers the rights to subsistence and development to be the primary rights; this is the secret of China’s progress in human rights. The right to subsistence comes before any other right, and the right to development is closely connected to the right to subsistence. The CPC believes that putting subsistence and development first and subsequently developing other rights is the only way to meet the people’s expectation that their rights will be protected.

——坚持以人民为中心的人权理念。中国共产党来自人民、植根人民、服务人民,为人民谋幸福。以人民为中心,奉行人民至上,坚持人民主体地位,是中国共产党的核心人权理念。习近平主席在致信纪念《世界人权宣言》发表70周年座谈会时提出“人民幸福生活是最大的人权”的新时代人权观,赋予了新时代中国人权事业发展全新意蕴。新时代人权观体现了人权的人民性,科学地指明了在中国发展人权事业的最本质特征。人权没有最好,只有更好;人权保障只有进行时,没有完成时。中国人权事业要由中国人民来评判,要以中国人民的获得感、幸福感、安全感是否得到满足为衡量尺度。
– Taking a people-centered approach to human rights. The CPC comes from the people and has its roots in the people. It serves the people and seeks to improve their wellbeing. Putting people first and ensuring their principal status have always been the core of the CPC’s view on human rights. In his letter to the seminar on the 70th anniversary of the Universal Declaration of Human Rights, President Xi Jinping proposed that living a happy life is the primary human right, giving new meaning to China’s progress in human rights in the new era. His thought on human rights highlights the position of the people and the essentials of human rights development in China. There is no end to human rights development and human rights protection is an ongoing cause. Human rights in China should be judged only by the Chinese people, and gauged by their sense of gain, happiness and security.

——坚持以促进人的全面发展为目的。促进人的全面发展,是中国共产党领导中国人民实现社会主义现代化强国的奋斗目标,也是中国人权事业发展的最高追求。马克思主义经典作家认为,“每个人的自由发展是一切人的自由发展的条件”。人的全面发展既是所有人的全面发展,又是全方位的发展;既是人的个性、能力和知识的全面发展,又是人的各项权利的充分发展。在建设中国特色社会主义伟大事业中,中国共产党促进人权事业全面发展,就是在为实现“人的自由而全面的发展”创造和提供条件。中国共产党既重视集体人权,又重视个人人权;既重视生存权、发展权的首要地位,又重视公民权利、政治权利和经济社会文化各项权利的协调发展;既重视经济、社会、资源和环境保护相协调,又重视人类当前与长远福祉相统一的可持续发展。
– Aiming for people’s well-rounded development. Well-rounded development is a goal of the people in their pursuit of a strong, modern socialist country under the CPC leadership, and the ultimate goal of the cause of human rights in China. According to classical Marxist writers, the free development of each individual is the precondition for the free development of all people. Well-rounded development means all-round development for all people, including development of character, ability, knowledge, and rights. The CPC’s drive to advance human rights in the context of building Chinese socialism is designed to lay down the foundations for the free and well-rounded development of the people. The Party attaches equal attention to collective rights and individual rights; to the primary position of the rights to subsistence and development and to the coordinated development of civil rights, political rights, and economic, social and cultural rights; to the coordination of the economy, society, resources, and environmental protection, and to sustainable development for people’s wellbeing now and in future.

——坚持以构建人类命运共同体为使命。面对当今世界百年未有之大变局,习近平主席提出了“构建人类命运共同体”重大理念。这一重大理念奉行人民至上,关心关爱人的发展,旨在建设一个持久和平、普遍安全、共同繁荣、开放包容、清洁美丽的世界。这一重大理念更加强调包容、合作、开放、共赢精神,契合了世界各国人民求和平、谋发展、促合作、同进步的诉求。这一重大理念符合人类社会发展进步要求,为推动世界人权事业发展贡献了中国智慧,提供了中国方案。这一重大理念已经被写入多个联合国文件之中,成为对当今世界发展有着重要影响的思想主张。
– Building a global community of shared future. Confronted by a scale of change unseen in a century, President Xi Jinping has proposed to build a global community of shared future that puts people first and prioritize people’s development. In response to the global call for peace, development, cooperation, and common progress, the proposal emphasizes inclusiveness, cooperation, openness, and sharing of benefits. It is intended to build an open, inclusive, clean, and beautiful world that enjoys lasting peace, universal security, and common prosperity. It is in line with humanity’s aspiration for progress and contributes to the global advancement of human rights. The concept has been included in UN documents and has become an influential concept with a significant impact on today’s world.

 

结束语
Conclusion

从昔日嘉兴南湖上的一叶小舟,到今天引领民族复兴的巨型航轮,百年大党,百年辉煌。无论风云如何变幻,中国共产党都把自己与中华民族的前途命运紧紧联系在一起,在革命、建设、改革时期和新时代实践中,时刻不忘初心,永远牢记使命,在中国大地上留下了为人民谋幸福、为民族谋复兴的丰碑,在世界文明史上书写了为人类谋和平发展、构建人类命运共同体的光辉篇章。
From a small boat on the Nanhu Lake by southeastern China’s Jiaxing City, to a giant flagship leading China’s national rejuvenation, the CPC has a glorious century. Unruffled by constant change, it has remained committed to building a bright future for the Chinese nation. From revolution, economic development and reform into the new era, it has never forgotten its original aspiration and founding mission. It has achieved numerous successes throughout the land in the process of bringing happiness to the Chinese people and national rejuvenation to the Chinese nation. Its pursuit of world peace and progress, and a global community of shared future, opens a new chapter for human civilization.

历史表明,没有中国共产党,就没有新中国;没有中国共产党,就没有中国人权事业的不断发展进步。中国共产党的领导,是中国人权事业发展和中国人民享有更加充分人权的根本保障。
The founding of a new China could not have happened without the CPC, nor could the progress that has been made in human rights protection. CPC leadership is the most fundamental guarantee that underpins every progress in and better protection of human rights in China.

在以习近平同志为核心的党中央坚强领导下,中国打赢脱贫攻坚战,全面建设小康社会取得了重大战略性成果,如期实现第一个百年奋斗目标,中国共产党兑现了向人民和历史作出的庄严承诺。当前,中国共产党正带领全国人民为实现第二个百年奋斗目标和中华民族伟大复兴的中国梦而努力。到新中国成立100年时,中国将建成富强民主文明和谐美丽的社会主义现代化强国。到那时,中国人民的各项权利必将得到更高水平的保障,中国人民将更加享有尊严、自由和幸福。到那时,世界将因中国而更加繁荣发展,中国必将为推动世界人权事业发展作出更大贡献。
Under the leadership of the CPC Central Committee with Xi Jinping at the core, China has won the battle against poverty, and achieved major strategic results in building a moderately prosperous society in all respects. The First Centenary Goal has been completed on schedule, and the CPC has fulfilled this historic commitment to the people. Now it is leading them towards the Chinese Dream of national rejuvenation and the Second Centenary Goal – to build China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful by the middle of the century, soon after the centenary of the PRC (2049).

At that centenary, all rights of the Chinese people will be safeguarded at a higher level, and they will have a better sense of dignity, freedom and happiness. At that time, China will make a greater contribution to the protection of human rights, enabling the world to develop better and become more prosperous.

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