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《中国人权法治化保障的新进展》白皮书(中英全文)III
2018-01-22 09:11:06    译聚网    中华人民共和国国务院新闻办公室    

  推进以审判为中心的刑事诉讼制度改革。明确刑事诉讼各阶段的基本证据标准,做到案件事实证据经得起法律检验,确保无罪的人不受刑事追究,有罪的人受到公正惩罚。发布《关于推进以审判为中心的刑事诉讼制度改革的意见》及其实施意见,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、证据裁判、非法证据排除等法律原则,确保审判程序合法化、正当化,保证庭审在查明事实、认定证据、保护诉权、公正裁判中发挥决定性作用。坚持繁简分流,区别对待,在北京等18个城市开展刑事速裁程序改革试点,从2014年试点以来,试点法院速裁案件超过90%立案后10日内审结,被告人上诉率仅为2%,审判效果和诉讼效率明显提升,当事人权利得到有效保护。在这一试点基础上,进一步开展认罪认罚从宽制度改革试点,对于犯罪嫌疑人、被告人自愿认罪、自愿接受处罚、积极退赃退赔的,依法从宽处理,在提高诉讼效率的同时,有效减少社会对抗,及时修复社会关系。

  保障人民群众诉讼权益。人民法院改立案审查制为立案登记制,切实做到有案必立、有诉必理,充分保障当事人的诉权。各级法院自2015年5月实施立案登记制以来,当场登记立案率保持在95%以上,截至2017年9月,登记立案数量超过3900万件。公安部发布《关于改革完善受案立案制度的意见》,规定对于群众报案、控告、举报、扭送,违法犯罪嫌疑人投案,以及上级机关交办或者其他机关移送的案件,属于公安机关管辖的,公安机关必须接受,不得推诿。截至2017年6月,全国省级公安机关都已出台受案、立案改革实施意见,18个省级公安机关增设了案管机构,使受案立案工作更加规范、高效、便民、公开。

Pressing forward with reform of the criminal litigation system centering on trials. Basic evidence criteria at all stages of criminal litigation have to be made clear to ensure that factual evidence must withstand the test of the law, that innocent people are safeguarded from criminal punishment, and that the guilty ones are brought to justice. "The Opinions on Pushing Forward the Reform of the Criminal Litigation System Centering on Trials" and its implementing rules have been released to accelerate the reform of the criminal litigation system centering on trials, to strictly carry out the principle of assessing penalty by law, evidence-based adjudication and excluding illegally-obtained evidence, to guarantee legalization and justification of trial procedures, and to ensure that trial in court plays a decisive role in investigating facts, confirming evidence, protecting litigants' rights, and impartially adjudicating cases. A mechanism to separate complicated cases from simple ones has been applied to handle each in a distinct way. Since 2014, when the summary proceeding for criminal cases was adopted as trial in 18 cities including Beijing, pilot courts have concluded over 90 percent of cases within ten days of filing, with a rate of appeal of only 2 percent. Trial effectiveness and litigation efficiency have seen considerable improvement, and the rights of litigants have been effectively protected. In addition, the pilot reform of imposing lesser penalties on suspects who admit their guilt and accept punishment has been extended. To increase litigation efficiency, effectively reduce social conflict, and repair social relations as quickly as possible, lesser penalties will be imposed on criminal suspects and defendants who acknowledge their guilt, accept punishment, return ill-gotten gains, or make compensation as per the law.


Guaranteeing individual rights and interests in litigation. People's courts have changed the case filing review system into a case filing register system to put every case on file and review any litigation to completely protect the litigious rights of the parties concerned. Since the adoption of the case register system in May 2015 people's courts have registered and taken up on the spot 95 percent or more of the cases. By September 2017 over 39 million cases had been filed through registration. The Ministry of Public Security has released the "Opinions on Reforming and Improving the System of Accepting and Filing Cases", stipulating that public security organs must accept cases within their jurisdiction reported by people or handed over by superior organs and counterparts, and deal without any prevarication with accusation, seizure and delivery, and voluntary surrender. By June 2017 public security organs at provincial level had released opinions on carrying out reform on accepting and filing cases, and 18 provincial public security organs had set up case management departments to make case acceptance and filing more standardized, effective, convenient, and transparent.



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