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《中国人权法治化保障的新进展》白皮书(中英全文)IV
2018-01-22 09:13:31    译聚网    中华人民共和国国务院新闻办公室    


  保障律师执业权利。律师执业权利保障水平,关系到当事人权利能否得到有效维护,关系到法律能否得到准确实施。中国制定或修改了多部法律法规和文件,律师的执业权利正在得到越来越充分的尊重和保障。发布《关于深化律师制度改革的意见》《关于依法保障律师执业权利的规定》《关于建立健全维护律师执业权利快速联动处置机制的通知》《关于进一步做好保障律师执业权利相关工作的通知》《关于开展刑事案件律师辩护全覆盖试点工作的办法》等,对律师执业权利保障规定了多层次的措施,着力解决当前律师权利保障中存在的突出问题,进一步明确了各部门对律师执业权利和人身权利的保障职责。最高人民法院开通律师服务平台,实现网上立案、网上阅卷、联系法官等功能,为律师行使执业权利提供便利条件。2013年以来,各级检察机关监督纠正有关机关及其办案人员阻碍律师依法执业的案件6542件。截至2017年3月,31个省级律师协会维权中心全部建成,大部分设区的市建立了维权中心,基本实现全覆盖。截至2017年8月,律师人数已达33万多人,律师事务所发展到2.6万多家。全国律师每年办理诉讼案件330多万件,办理非诉讼法律事务100多万件,年均承办法律援助案件50多万件,提供公益法律服务230多万件次,担任法律顾问50多万家。

  保障犯罪嫌疑人、被告人、服刑人合法权利。完善对在押犯罪嫌疑人、被告人强制措施的解除和变更程序,减少羁押性强制措施适用,各级检察机关对不构成犯罪或证据不足的,依法决定不批捕或不起诉,对认为确有错误的刑事裁判依法提出抗诉。2012年至2016年,全国检察机关对不需要继续羁押的12552名犯罪嫌疑人建议释放或者变更强制措施。2016年,各级检察机关对侦查机关不应当立案而立案的,督促撤案10661件;监督纠正违法取证、违法适用强制措施等侦查活动违法情形34230件;对不构成犯罪或证据不足的,不批准逮捕132081人,不起诉26670人;对认为确有错误的刑事裁判提出抗诉7185件。改善羁押和监管条件,加强看守所和监狱的建设和管理,保障被羁押人、服刑人的人身安全和其他合法权利不受侵犯。截至2017年6月,全国看守所普遍建立被羁押人心理咨询室,有2501个看守所实现留所服刑罪犯互联网双向视频会见;全国2400多个看守所建立了法律援助工作站,为在押人员提供法律帮助。截至2016年,全国看守所均建立了在押人员投诉处理机制,有2489个看守所聘请了特邀监督员。完善刑罚执行制度,健全社区矫正制度。截至2017年6月,各地累计接收社区矫正对象343.6万人,累计解除社区矫正273.6万人,现有社区矫正对象70万人。全国共建立县(区)社区矫正中心2075个。现有社区服务基地25278个,教育基地9373个,就业基地8272个,社区矫正小组68.7万个。社区矫正对象在矫正期间的重新违法犯罪率为0.2%。

Protecting lawyers' right to practice. The protection of lawyers' right to practice is essential to protecting the lawful rights and interests of their clients and ensuring proper enforcement of the laws. China has formulated or revised multiple laws, regulations and documents to better respect and guarantee lawyers' right to practice. "The Opinions on Deepening the Reform on the Lawyer System", the Regulations on Guaranteeing Lawyers' Right to Practice by Law, the "Notice on Formulating and Completing Fast Response Mechanism to Safeguard Lawyers' Right to Practice", the "Notice on Further Improving the Work to Guarantee Lawyers' Right to Practice", and the Measures on the Pilot Work to Apply Lawyer Defense to All Criminal Cases have been released, stipulating multiple-level measures to protect lawyers' right to practice, resolve prominent conflicts in the protection of lawyers' rights, and further clarify the duties of relevant departments to protect lawyers' right to practice and the right of persons. The Supreme People's Court has opened an online service platform for lawyers. Via this platform, lawyers will be able to file cases, access files, and contact judges. Since 2013 procuratorates at all levels have regulated and corrected 6,542 cases in which lawyers' right to practice were being impeded by state organs and case-handling personnel. By March 2017 rights protection centers had been established in 31 provincial-level lawyers' associations and in most cities with districts, basically covering the whole country. By August 2017 there were more than 330,000 lawyers and over 26,000 law firms across the country. Every year lawyers handle over 3.3 million lawsuits, more than one million non-litigation legal matters, take on over 500,000 cases of legal aid, offer public legal services in more than 2.3 million cases, and act as legal consultant for more than 500,000 entities.


Guaranteeing the legitimate rights and interests of criminal suspects, defendants and prisoners. China has improved the procedures for granting exemptions from or altering of compulsory measures to suspects in custody and defendants, and reduced the application of compulsory measures of custody. Procuratorates at all levels, in accordance with the law, decide not to arrest or prosecute anyone for acts that they do not consider to be a crime or when there is insufficient evidence, and contest the criminal ruling when they believe that there is a real error in accordance with the law. From 2012 to 2016, procuratorial organs across the country recommended release or changes in the compulsory measures in case of 12,552 criminal suspects who did not require further detention. In 2016, procuratorial organs at all levels urged the withdrawal of 10,661 cases that they considered should not have been filed by investigation organs. They scrutinized and corrected 34,230 cases of investigation activities involving obtaining evidence in contravention of the law, and illegally applying compulsory measures. They rejected the arrest of 132,081 suspects and the prosecution of 26,670 accused for acts that did not constitute a crime or where there was insufficient evidence, and they filed 7,185 criminal counter appeals against wrong judgment.


The state has improved the conditions of detention and supervision, strengthened the construction and management of detention facilities and prisons, and guaranteed personal safety and other legitimate rights and interests of detainees and prisoners. By June 2017, psychological counseling rooms had been widely established in detention centers in China; 2,501 detention centers had two-way video calling services through the internet for detainees and prisoners, and more than 2,400 detention centers across the country had set up legal aid workstations to provide legal assistance to detainees. As of 2016, all detention centers in the country had set up complaint-handling mechanisms for detainees, and 2,489 detention centers had appointed special supervisors. China has improved the execution of penalties and the institutions of community correction.[Community correction refers to non-imprisonment correction penalty imposed on those whose crimes are relatively minor and who have been sentenced to public surveillance, probation, release on parole, and temporary execution outside prison.] By the end of June 2017, administrative organs of justice around the country had received a total of 3.4 million persons subject to community correction. Of these, 2.7 million had completed their correction, and 700,000 continued their community correction. A total of 2,075 county and district community correction centers have been set up nationwide. There are 25,278 community service bases, 9,373 education bases, 8,272 employment bases, and 687,000 community correction groups in China. The recidivism rate in the case of those assigned to community correction is 0.2 percent.



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