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《改革开放40年中国人权事业的发展进步》白皮书(中英对照全文)VI
2019-02-01 09:26:37    译聚网    国新网    


  保障犯罪嫌疑人、被告人、服刑人及刑满释放人员合法权利。出台《看守所条例》,并正在起草制定看守所法,进一步保障被羁押人的人格尊严及律师会见、申诉、医疗等合法权利。制定并严格执行监狱法,保障罪犯人格尊严不受侵犯,人身权、生命健康权、受教育权等得到维护,深化狱务公开。出台《律师会见监狱在押罪犯规定》,开展罪犯离监探亲活动,有效保护罪犯合法权利。建立社区矫正制度,依法扩大非监禁刑适用,促进社区服刑人员顺利回归社会。截至2018年9月,全国已累计接收社区服刑人员412万人,解除矫正342万人,现有社区服刑人员70万人,矫正期间再犯罪率一直处于0.2%左右的较低水平。健全完善刑满释放人员救助管理制度,对符合条件的刑满释放人员落实最低生活保障、临时救助等救助措施,落实就业扶持政策,提高刑满释放人员就业能力。

  Guaranteeing the legitimate rights and interests of criminal suspects, defendants, prisoners and people released after serving their sentence. China has published the Regulations on Detention Centers, and is drafting the law on detention centers. With these, China further guarantees the dignity and legitimate interests of detainees, and the right to meet lawyers, appeal, and receive medical treatment. It has formulated and strictly enforced the Prison Law, ensuring that criminals’ personal dignity is not violated, and their personal rights, right to life and health, and right to education are safeguarded, and that prison affairs are open to the public. It has published the Provisions on Meetings Between Lawyers and Prison Inmates, and carried out activities for prison inmates to leave prisons and visit relatives, effectively protecting the legal rights of convicted criminals.

  China has established the system of community correction. Community correction, or non-custodial correction penalties, was imposed on those whose crimes are relatively minor and who have been sentenced to public surveillance, probation, release on parole, and temporary sanction outside prison. By the end of September 2018, a total of 4.12 million persons throughout the country had received community correction orders. Of these, 3.42 million had completed their correction, and 700,000 were still subject to their correction orders. The recidivism rate in the case of those assigned to community correction is low, only 0.2 percent.

  China has improved the assistance and management system for people released after completing their prison sentence. It provides subsistence allowances, temporary assistance and other aids for those eligible, and carries out employment support policies to improve the employability of people released upon completion of their sentence.

  建立健全国家赔偿制度和司法救助制度。颁布国家赔偿法,不断完善行政赔偿、刑事赔偿和非刑事司法赔偿制度,增加精神损害赔偿,提高赔偿标准,保障赔偿金及时支付。侵犯公民人身自由权每日赔偿金额从1995年的17.16元人民币,上升到2018年的284.74元人民币。2013年至2018年6月,各级人民法院受理国家赔偿案件22821件。不断完善司法救助制度,出台《关于开展刑事被害人救助工作的若干意见》等文件,设立司法救助委员会,积极推动司法救助与社会救助、法律援助的衔接。2013年至2017年,发放司法救助金26.7亿元,帮助无法获得有效赔偿的受害人摆脱生活困境。

 Improving the state compensation system and judicial aid system. China has promulgated the State Compensation Law, and continued to improve systems of administrative compensation, criminal compensation and non-criminal judicial compensation. It has increased compensation for infliction of mental distress, raised standards of compensation, and guaranteed that compensation is paid in a timely manner. The daily compensation for violation of citizens’ personal liberty has risen from RMB17.16 yuan in 1995 to RMB284.74 in 2018. From 2013 to June 2018, the people’s courts at all levels accepted 22,821 cases involving state compensation.

  China has continued to improve the judicial aid system. It has published Decisions on the Work of Relieving Criminal Victims and several other documents, while establishing a judicial aid committee to actively dovetail judicial aid with social assistance and legal aid. From 2013 to 2017, RMB2.67 billion of judicial aid was granted to help victims in difficulty who had not been able to obtain effective compensation.




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