保障犯罪嫌疑人、被告人、服刑人员、戒毒人员及刑满释放人员的合法权利。规范强制措施,减少羁押性强制措施的适用,实行看守所在押人员入所权利义务告知制度,建立在押人员投诉调查处理机制。深化狱务公开,完善对监所管理人员执法监督,保障服刑人员合法权利不受侵犯。实行人文关怀,开展离监探亲。全面推进社区矫正制度,截至2019年5月,已累计接收社区矫正对象445万人,累计解除矫正375万人,在册社区矫正对象70多万人,社区矫正对象在矫正期间再犯罪率一直处于0.2%的较低水平。新中国成立至1975年,对战争罪犯、反革命罪犯和部分普通刑事罪犯进行过七次特赦。根据现行宪法,2015年和2019年,两次对部分服刑罪犯予以特赦。出台禁毒法、戒毒条例等,依法保障戒毒人员合法权益,开展执法监督。健全完善刑满释放人员救助管理制度,落实社会救助和就业安置措施,促进刑满释放人员顺利融入社会。
Guaranteeing the legitimate rights and interests of criminal suspects, defendants, prisoners, patients abstained from drugs and people released after serving their sentence. China has regulated compulsory measures and reduced the application of compulsory custodial measures. When the detainees enter a detention house, they are informed of their rights and obligations, and their complaints are handled in accordance with the procedure. Prison affairs are open to the public. China has improved supervision over the law enforcement in prisons and detention houses, to ensure that prisoners’ legitimate rights are not infringed. Some prisoners are allowed to leave prisons and visit their relatives. The system of community service has been extensively implemented. By the end of May 2019, a total of 4.45 million persons throughout the country had received community service orders. Of these, 3.75 million had completed their service, and 700,000 were still subject to their service orders. The recidivism rate in the case of those assigned to community service is low, only 0.2 percent. Between 1949 and 1975, amnesties were granted on seven occasions to war criminals, counterrevolutionary criminals and some prisoners facing criminal charges. In accordance with the Constitution, amnesty was granted to some prisoners in 2015 and 2019. The state has promulgated the Narcotics Control Law and the Regulations on Drug Rehabilitation, ensured the legitimate rights and interests of persons on rehabilitation, and carried out law enforcement supervision. China has improved the assistance and management system for people released after completing their prison sentence, ensures their access to social assistance, and provides assistance to them in employment so that they can smoothly return to normal life.
建立健全权利救济和救助制度。畅通国家赔偿请求渠道,扩大赔偿范围,明确举证责任,增加精神损害赔偿,提高赔偿标准,保障赔偿金及时支付,进一步完善行政赔偿、刑事赔偿和非刑事司法赔偿制度。国家刑事赔偿标准随经济社会发展不断提高,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2019年的315.94元人民币。2013年至2019年3月,各级人民法院审结国家赔偿案件61978件。健全完善国家司法救助制度,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,帮助无法获得有效赔偿的受害人摆脱生活困境。2015年至2018年,对生活困难当事人发放司法救助款37.5亿元。
Improving the system of right remedy and assistance. The channels for applying for state compensation have been expanded, with more types of cases eligible for compensation and the burden of proof made clear. The state has increased compensation for infliction of mental distress, raised standards of compensation, and guaranteed that compensation is paid in a timely manner. The systems of administrative compensation, criminal compensation and non-criminal judicial compensation have been further improved. Criminal compensation has increased over the years along with economic and social development of the country. The daily compensation for violation of citizens’ personal liberty has risen from RMB17.16 in 1995 to RMB315.94 in 2019. From 2013 to March 2019, the people’s courts at all levels concluded 61,978 cases involving state compensation. China has improved the state judicial assistance system. It has established a judicial assistance committee to actively dovetail judicial assistance with social assistance and legal aid, and help victims in difficulty who have not been able to obtain effective compensation. From 2015 to 2018, RMB3.75 billion of judicial assistance was granted to victims in difficulty.
公共法律服务更加优质便捷。建立健全法律援助制度,2013年至2018年,全国法律援助机构共组织办理法律援助案件778.8万余件,受援人847.5万余人次,提供法律咨询4526.8万余人次。全面推进律师事业,截至2018年,律师队伍发展到42.3万多人,律师事务所发展到3万多家。完善公共法律服务体系,建设公共法律服务实体平台、“12348”法律服务热线和法律服务网络三大平台,实现申请快捷化、审查简便化,更加便民利民。截至2018年,全国建成2917个县(市、区)公共法律服务中心、3.9万多个乡镇(街道)公共法律服务工作站,为65万个村(居)配备法律顾问,各省(自治区、直辖市)均已建成“12348”法律服务热线平台。推进司法鉴定管理体制改革,提高司法鉴定质量和公信力,截至2018年,经司法行政机关审核登记的司法鉴定机构有3834家,司法鉴定人45000名。
Providing quality and more convenient public legal services. A sound legal aid system has been established. From 2013 to 2018, legal aid institutions handled some 7.79 million legal aid cases, helping 8.48 million people and providing legal consultancy services to 45.27 million people. The state encourages the development of the profession of lawyers. As of 2018, there were 423,000 lawyers and more than 30,000 law firms across the country. China has improved public legal services, and opened a physical platform for providing public legal services, the “12348” free hotline for legal advice, and online legal services. It is convenient to make an application for legal services, and the review process has been streamlined for public benefit. By the end of 2018, there were 2,917 public legal service centers in counties, cities and districts, and more than 39,000 service stations in towns, townships and sub-districts. About 650,000 villages and communities had legal counselors, and all provinces and equivalent administrative units had opened the “12348” legal service hotline. China has reformed the management of forensic assessment to enhance assessment quality and credibility. By 2018, there were 3,834 forensic assessment institutions approved by and registered with judicial administrative organs, with more than 45,000 forensic appraisers.