六、不断加强人权法治保障
新中国创立了社会主义法治,以法治保障人权。70年来,中国构建起较为完备的人权法律保障体系,坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设,实现科学立法、严格执法、公正司法、全民守法,不断促进社会公平正义。
建设有限政府、责任政府、服务政府。依法确定行政权力界限,确立法无授权不可为的原则,实施权力清单、责任清单制度,禁止法外设权、违法用权。持续深化“放管服”改革,加快转变政府职能,努力降低群众和企业与政府打交道的成本。建立完善严格的行政执法程序,确立行政裁量权基准制度,统一执法标准,压缩自由裁量空间,维护行政相对人的合法权益。深化执法公开,拓展公开范围,整合公开载体,强化网上政务公开,方便群众获取信息。25个省(自治区、直辖市)建立省级执法公开平台,实现了执法办案进度和结果的信息查询服务;22个省(自治区、直辖市)实现了行政处罚决定文书网上公开;17个省(自治区、直辖市)实现了行政复议决定文书网上公开。强化执法监督,建立完善以执法考评为主要内容的绩效考核体系,深化执法信息化建设,实现案件流程信息化管理和同步记录,加强对执法活动的实时监督。
VI. Strengthening the Rule of Law for Human Rights
After the founding of the PRC, socialist rule of law was established in China to protect human rights by law. Over the past 70 years, China has established a relatively complete legal system to protect human rights. It upholds law-based governance, law-based exercise of power, and law-based government administration, and adopts a holistic approach to promote the rule of law across the nation, in government, and throughout society. To promote social fairness and justice, it has endeavored to ensure that a well-conceived approach is taken to legislation, that the law is strictly enforced, that justice is impartially administered, and that the law is observed by everyone.
Building a service-oriented government with limited powers and clear responsibilities. The state delimits administrative power in accordance with the law. China has established a principle under which administrative bodies should not take any action that is not mandated by law. It has introduced a list of well-defined government powers and a list of responsibilities, and prohibited any power not provided for by law, or any illegal use of power. In its effort to improve governance, China has accelerated the transformation of government functions, streamlining administration and delegating power to the lower levels, exercising better supervision over the market, and providing efficient services to business. The people and businesses are thus provided with better services. China has established strict procedures for administrative law enforcement and a system of benchmarks for administrative discretion, with unified standards in law enforcement and rigorous discretionary rules, to ensure the legitimate rights and interests of the people and businesses. To make law enforcement more transparent, China has expanded the scope and channels of disclosure, and opened online portals for the public to obtain information. Twenty-five provinces and equivalent administrative units have online platforms providing information on law enforcement and on the progress and results of cases in process. Twenty-two provinces and equivalent administrative units disclose written judgments online, and 17 provinces and equivalent administrative units disclose administrative review decisions online. To strengthen the supervision of law enforcement, China has established a performance appraisal system with a focus on law enforcement, promoted IT application in law enforcement and the management and synchronized recording of case-handling procedures, and strengthened real-time supervision over law enforcement activities.