在深化司法改革中推进人权司法保障。先后发布四个“人民法院五年改革纲要”和三个“人民检察院检察改革三年意见”。中共十八届三中全会和十八届四中全会把加强和完善人权司法保障纳入全面深化改革和全面推进依法治国战略布局。保障人民法院、人民检察院依法独立公正行使审判权、检察权，实行人财物省级统一管理，设立最高人民法院巡回法庭，设立跨行政区划人民法院和人民检察院。实行法官检察官员额制，司法人员正规化、专业化、职业化水平进一步提升。实行立案登记制，保障当事人诉权。推进以审判为中心的诉讼制度改革，保证庭审在公正裁判中发挥决定性作用。实行司法责任制，加强对司法活动的监督。改革和完善人民陪审员制度，促进司法公正，提升司法公信力。建成审判流程、庭审活动、裁判文书、执行信息四大公开平台，深化司法公开。
Promoting judicial protection of human rights in extended judicial reform. China has issued four outlines for five-year reform of the people’s courts and three decisions on three-year reform of the people’s procuratorates. The 18th CPC Central Committee incorporated the need to strengthen and improve judicial protection of human rights into the plan of deeper-level reform at the Third Plenary Session, and into the plan of comprehensively advancing the rule of law at the Fourth Plenary Session. It has enabled the people’s courts to exercise judicial power and people’s procuratorates to exercise procuratorial power independently and impartially in accordance with the law. It has carried out unified management of personnel and financial assets at provincial level. The Circuit Court of the Supreme People’s Court has been set up, and people’s courts and people’s procuratorates across administrative boundaries have been established. China has adopted a quota system for judges and procurators, enabling judicial personnel to be more regularized and professional.
China has implemented a case docketing and registration system to protect the rights of the parties concerned. It has further reformed the trial-centered litigation system to ensure that court trials play a decisive role in impartial adjudication, and implemented the judicial responsibility system to strengthen supervision over judicial activities. China has reformed and improved the system of people’s jurors to promote judicial justice and enhance judicial credibility. It has established four major platforms for releasing information on judicial process, trials, written judgments, and the execution of judgments to promote judicial openness.
保障当事人获得公正审判的权利。充分保障犯罪嫌疑人和被告人的辩护权，犯罪嫌疑人自被侦查机关第一次讯问或者被采取强制措施之日起，有权委托辩护人，被告人有权随时委托辩护人。推进刑事案件律师辩护全覆盖试点工作，努力保障所有刑事案件被告人都能获得律师辩护，促进司法公正。严格遵循证据裁判原则，对证据不足不构成犯罪的依法宣告无罪，坚决防止和纠正冤假错案。中国严格控制并慎用死刑，大幅减少适用死刑的罪名。2007年，最高人民法院收回死刑复核权。建立完善法律援助制度，扩大被援助人覆盖范围，为犯罪嫌疑人、被告人提供法律咨询、辩护。截至2018年9月，全国共设立法律援助机构3200余个，法律援助工作站7万余个，建立看守所法律援助工作站2500多个，法院法律援助工作站3300多个，实现在看守所、人民法院法律援助工作站全覆盖。
Ensuring that all parties enjoy the right to fair trial. China has fully guaranteed the right of criminal suspects and defendants to defense. A criminal suspect has the right to entrust a defender from the date when organs of investigation conduct the first interrogation or a compulsory measure is taken against the suspect. A defendant has the right to authorize a defender at any time. It has launched a pilot program of full coverage of legal defense in criminal cases to ensure that defendants in all criminal cases can obtain legal defense in order to promote judicial justice.
China strictly follows the principle of evidence-based adjudication to resolutely prevent and correct wrongful convictions. Suspects are acquitted in accordance with the law when the evidence does not support the allegation that a crime has been committed. China strictly controls and carefully uses the death penalty; the number of capital offences has been substantially reduced. In 2007, the Supreme People’s Court took back the right to review all capital sentences.
China has established a sound legal aid system and expanded its coverage to provide legal advice and defense for criminal suspects and defendants. As of September 2018, the country had established some 3,200 legal aid institutions and more than 70,000 legal aid workstations, including some 2,500 in detention centers and 3,300 in courts, realizing full coverage of legal aid workstations in detention centers and people’s courts.
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