五、加强党对人权法治化保障的领导
中国是一个有着13亿多人口的大国，中国共产党是一个有着8900多万党员的大党，在中国的政治生活中，中国共产党居于领导地位。党的领导是中国特色社会主义法治最根本的保证，也是中国实现人权法治化保障的最大优势。中共十八大以来，中国共产党坚持“尊重和保障人权”原则，不断加强和改进党对法治工作的领导，坚持依法执政，坚持依法治国和依规治党有机统一，加强党内法规制度建设，在法治建设的各个关键环节上为推进中国人权法治化保障提供强有力的政治保证。
V. Strengthening the CPC Leadership over Legal Protection of Human Rights
China is a large country with a population of more than 1.3 billion. The CPC is a large party with more than 89 million members. It plays a leading role in the political life of China. CPC leadership provides the fundamental guarantee for the socialist rule of law with Chinese characteristics and is also the strongest means in China's fight to ensure legal protection of human rights. Since the 18th National Congress, the CPC has continuously strengthened and improved its leadership in building the rule of law by following the principle of "respecting and safeguarding human rights." It has worked hard in promoting law-based governance of the country, rule-based governance of the Party and intra-Party institution building, providing a strong political base for guaranteeing legal protection of human rights in China in all key areas.
将尊重和保障人权纳入依法治国基本方略。中共十八大提出“加快建设社会主义法治国家”，并将“人权得到切实尊重和保障”作为全面建成小康社会的重要目标。中共十八届三中全会提出“推进法治中国建设”并强调“完善人权司法保障制度”。中共十八届四中全会通过《关于全面推进依法治国若干重大问题的决定》，从6个领域、30个方面对科学立法、严格执法、公正司法、全民守法、法治队伍建设、加强和改进党对全面推进依法治国的领导等各方面提出190项重大举措，对加强中国特色社会主义法治体系建设，加快建设社会主义法治国家作出具体部署，明确提出“加强人权司法保障”的各项具体任务。中共十九大提出必须把党的领导贯彻落实到依法治国全过程和各方面，坚持依法治国和依规治党有机统一，成立中央全面依法治国领导小组，加强对法治中国建设的统一领导，维护国家法制统一、尊严、权威，加强人权法治保障，保证人民依法享有广泛权利和自由。
坚持依法执政和依规治党。法治是治国理政的基本方式。中国共产党坚持把依法治国基本方略同依法执政基本方式统一起来，把党总揽全局、协调各方同人大、政府、政协、审判机关、检察机关依法依章程履行职能、开展工作统一起来，把党领导人民制定和实施宪法法律同党坚持在宪法法律范围内活动统一起来。制定《中共中央关于加强党领导立法工作的意见》，要求起草政治方面以及重大经济社会方面的法律法规，应经过党中央或者同级党委（党组）讨论。强调坚持民主决策、集体领导原则，集体研究决定立法中的重大问题，使党对立法工作的领导进一步制度化、规范化、民主化。中共十八大以来，中共中央政治局先后多次组织以法治为主题的集体学习，要求党的领导干部做尊法学法守法用法的模范，各级党委要重视法治培训，完善学法制度，提升干部法治素养；要求各级领导干部提高运用法治思维和法治方式的能力，努力以法治凝聚改革共识、规范发展行为、促进矛盾化解、保障社会和谐。中共十八大以来，先后制定或修订《关于新形势下党内政治生活的若干准则》《中国共产党党内监督条例》等具有标志性、关键性、引领性的党内法规，由党章和准则、条例、规则、规定、办法、细则等构成的党内法规制度体系逐步形成。对新中国成立以来至2012年6月期间中央党内法规和规范性文件进行了全面清理，在规范党组织工作、活动和党员行为的1178件党内法规和规范性文件中，经过清理宣布失效369件，废止322件，继续有效487件。
Respect for and protection of human rights has been incorporated in the basic strategy of the rule of law. At the 18th National Congress, the CPC decided to "step up efforts to build a socialist country based on the rule of law" and made it clear that achieving the goal that "human rights are fully respected and protected" was an important part of building a moderately prosperous society in all respects. At the Third Plenary Session of the 18th Central Committee, the CPC decided to "promote the rule of law in the country" and emphasized the need to "improve the judicial system to protect human rights". At the Fourth Plenary Session of the 18th Central Committee, the CPC adopted the "Resolution of the Central Committee of the Communist Party of China on Major Issues Concerning Advancing the All-round Law-based Governance". This resolution put forward 190 measures in the areas of sound lawmaking, strict law enforcement, impartial administration of justice, and common observance of the law. It also provides for:building a capable workforce dedicated to developing the rule of law;strengthening and improving the Party's leadership over efforts to advance the all-round law-based governance of the country;creating an overall plan for developing a system of socialist rule of law with Chinese characteristics;building a country of socialist rule of law, andcompleting specific tasks to provide "stronger judicial protection of human rights."
As stated by the central leadership at the 19th CPC National Congress, to ensure that the people enjoy extensive rights and freedoms as prescribed by law we must:exercise Party leadership at every point in the process and over every dimension of law-based governance;combine law-based governance of the country and rule-based governance of the Party;set up a central leading group for advancing law-based governance in all areas to exercise unified leadership over the task of building the rule of law in China;uphold the unity, sanctity, and authority of China's legal system, and strengthen legal protection of human rights, and nsure that people enjoy legitimate rights and freedoms.
Law-based governance of the country and rule-based governance of the Party have both been upheld. Rule of law is fundamental to the governance of a country. The CPC has:upheld the basic strategy of rule of law with the basic practice of law-based governance;exercised overall leadership;coordinated all efforts so as to ensure that people's congresses, governments, committees of the Chinese People's Political Consultative Conference, courts, and procuratorates all perform their duties and carry out their work in accordance with the law and their charters;worked to ensure that it leads the people in enacting and enforcing the Constitution and the laws, and perated within the confines of the Constitution and the law itself.
The CPC issued the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Party Leadership over Legislation", requiring that drafting of laws and regulations on politics and other major areas of the economy and society must be deliberated by the CPC Central Committee, or the Party committee or Party leadership group at the same level. Reflecting the need to better define its leadership over legislation and make it more institutional, procedure-based and democratic, the CPC also emphasized the significance and importance of following principles of democratic decision-making and collective leadership, and deciding major legislative issues through collective deliberation. Since the 18th CPC National Congress, the Political Bureau of the CPC Central Committee has organized group study sessions on the rule of law. It requires that Party officials must take the lead in respecting, studying, observing, and applying the law. In addition, Party committees at all levels must ensure training in the rule of law, improve the system for studying the law, and promote awareness of the law among officials. Officials at all levels should develop their ability to think and act based on law, work to reach consensus on reform, promote procedure-based development, resolve conflict, and safeguard social harmony in accordance with the law. Since the 18th National Congress, the CPC has made or revised some key regulations of iconic significance, including the "Guiding Principles for Political Activities Within the Party in the New Era" and the "Regulations of the Communist Party of China on Internal Scrutiny", gradually forming a system that consists of the Party Constitution, guiding principles, regulations, measures, and implementing rules. The CPC has also reviewed and reorganized its internal regulations and normative documents dating from the founding of the PRC in October 1949 to June 2012. Among 1,178 such regulations and documents, 369 were declared invalid, 322 were abolished, and 487 are still in effect.
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