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II. Civil and Political Rights
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| II. Civil and Political Rights China endeavors to develop socialist democracy, improve the socialist rule of law, expand the orderly political participation of citizens and guaranteeing people's civil and political rights in an all-round way. (1) Rights of the person All rights of the person are guaranteed by law in lawsuits and law enforcement. -- Criminal Procedure Law will be implemented. The applicable conditions and management stipulations for the adoption of such compulsory measures as arrest, release on bail pending trial and residential surveillance will be adjusted and specified in greater detail. -- All rights of the suspects in lawsuits will be guaranteed by law. The suspects will be informed of their rights and obligations in a timely fashion in accordance with the law, and conditions will be created actively for lawyers to get involved in a lawsuit from the stage of criminal investigation. -- Preventive and remedial measures against extortion of confession by torture and collecting evidence through other illegal methods will be enforced; and no one will be forced to prove himself or herself guilty. -- The people's procuratorates will pay greater heed to the self-defense of criminal suspects at the stage of approval for arrest. Procurators themselves should interrogate suspects when there are clues or evidences that prove the possibility of such serious violations of law as extortion of confession and collecting evidence through the use of force. If the criminal suspects request such an interrogation, the procurators should do so as required. -- Relevant mechanisms to facilitate the work of lawyers during criminal proceedings will be improved. When defense lawyers proffer written materials and evidence maintaining that no crime has been committed, an arrest is unnecessary, or the suspect should not be detained, or there have been violations of law in the investigation, the procurators must examine them seriously. When necessary, procurators may consult lawyers in person. The procurators should state clearly in the arrest warrant whether they are going to accept the lawyer's opinions and evidences and their reasons for doing so. -- The venues of law enforcement and case investigation by public security organs will be transformed according to defined standards step by step. The Standards for Venues of Law Enforcement and Case Investigation of Public Security Organs will be implemented strictly. Case investigation areas must be separated physically from other areas, and the function rooms of the case investigation areas will be established in line with the procedures of case investigation, where permanent sound and video recording as well as video surveillance systems will be installed for real-time monitoring and control over the whole course of law enforcement and investigation to prevent any violation of the legitimate rights and interests of citizens. -- The scope of application of the system of probationary suspension and community correction according to law will be expanded, appropriately reducing the application of imprisonment and clearly defining the scope of non-imprisonment punishment; improving the system of community-based correction, and enriching the contents of community-based correction, correction by education and measures to aid convicts in financial difficulties. -- Strengthening efforts in investigation and punishment of cases committed by state functionaries involving violations of a citizen's personal rights such as illegal detention by taking advantage of their functions and powers. (2) Rights of detainees China will further strengthen supervision over criminal proceedings, punishment execution and supervision, so as to guarantee the legal rights of detainees. -- Guaranteeing the rights and humane treatment of the inmates and improving legal stipulations concerning the management of prisons. The system of a bed for one inmate will be gradually adopted and medical care for prison inmates will be socialized so as to ensure an inmate to get timely treatment when ill. -- Preventing unnecessary detention. After a suspect or defendant is held in custody, the related people's procuratorate should review the necessity of the detention. Once it concludes the detention is not necessary, it should advise the organ that investigates the case to release the suspect or defendant, or change the compulsory measure adopted. -- Strengthening supervision over the time limit of criminal detention. The people's procuratorates should conduct supervision over the organs of criminal investigation to strictly implement the system of detention change, the warning and notifying system when the time limit of detention is going to expire and the accountability system for overdue imprisonment. Efforts will be made to prevent and settle cases involving prolonged detentions and urge the investigation organs to conclude cases that have long exceeded the time limit of detention. -- Improving mechanisms to guarantee the rights of detainees. The systems of physical examination for detainees when they are taken into custody, regular body surface examinations for detainees and notification of the rights and obligations of the detainees and emergency alarming will be strictly implemented, so will the system of interrogation and remand of criminal suspects. The systems of detainees' security risk assessment, psychological intervention and investigation and handling of their complaints will be improved. So will the system of inviting special supervisors to inspect the detention houses. Regulations regarding detainees' request to see the resident procurators, meetings between detainees and resident procurators and the establishment of procurator mailboxes will be improved to prevent and investigate violations of the rights of detainees, such as physical punishment, torture and insult by people working in the detention houses. -- Improving the system of examination and investigation in case of the death of a detainee in prisons and detention houses. (3) Right to fair trial -- China will improve the legal stipulations regarding judicial proceeding to guarantee litigants' right to fair trial. -- Guaranteeing criminal defendants the rights to plead, receive legal aid and request an avoidance (of a judge or witness). -- Guaranteeing the personal rights and right of defense of lawyers when they perform their duties. -- Further improving the system to have witnesses and expert witnesses appear in court and the system of protecting the witnesses. -- Improving the system of eliminating illegal evidence; all confessions by suspects and defendants extorted by torture or other illegal methods, as well as testimonies and statements of witnesses or victims collected by violence, threat or other illegal means will be eliminated and not used in working out the verdict. In addition, the stipulations on evidences used to examine and decide cases of death penalty will be strictly observed, and more strict standards will be adopted in this regard. -- Implementing the Decisions of the Supreme People's Court on Audio-Visual Recordings of Court Trials. The system of producing audio-visual recordings of the whole process of suspect interrogating in major cases will be established. -- Continuing to push forward standardized measurement of penalty. The people's procuratorates will make suggestions on penalty measurement to the people's courts when handling criminal cases. The discretion in penalty measurement will be institutionalized. Guidelines on penalty measurement by the people's courts will be worked out, so will regulations of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on standardizing procedures of penalty measurement to guarantee openness and fairness in penalty measurement. -- Observing more stringent judicial procedures for death penalty and review of death penalty. China will improve the trial procedures of death penalty cases. The trial of all death penalty cases of second instance will be open to the public. The review of death penalty should include the questioning of the defendant, and listening to the opinions of his/her attorney if the attorney so demands. Legal supervision by the Supreme People's Procuratorate over the review of death penalty will be strengthened. The Supreme People's Court will publicize typical cases to clarify the norms of application of death penalty. -- Amending the Law of Civil Procedure. China will further improve the procedures of bringing an action, case acceptance and pre-trial preparation, establish small-claim and public-interest litigation systems and improve the systems of preservation, evidence, service of litigation document, publicizing of court rulings and trial supervision to protect the litigants' litigation rights. -- Amending Administrative Procedure Law. China will further improve the rules regarding the acceptance of administrative cases, examination procedures and proofs to guarantee the right of individuals and organizations to legal aid in cases of administrative malfeasance. (4) Freedom of religious belief China upholds the principle of freedom of religious belief stipulated in the Constitution and strictly implements the Regulations on Religious Affairs to guarantee citizens' freedom of religious belief. -- Protecting citizens from being forced to believe in or not to believe in any religion, and from discrimination due to religious belief. -- Protecting normal religious activities according to law. -- Improving the management measures of pilgrimage. China will improve the organization and management of, and service to pilgrimage to provide convenience and guarantee for Muslims to complete their pilgrimage smoothly. -- Encouraging religious believers to carry out charity activities. -- Helping the religious circles resolve difficulties encountered in the construction of some projects. The state will provide financial support to the construction of new school buildings in the Buddhist Academy of China and the improvement and expansion of the China Islamic Institute. The same support will be rendered to the rebuilding and expansion of venues for religious activities of the Tibetan-inhabited areas in Sichuan, Yunnan, Gansu and Qinghai provinces. Financial support will also be extended to the post-earthquake rebuilding of venues for religious activities in Yushu, Qinghai Province, and to mosques damaged during natural disasters. -- Working out methods for implementing the relevant regulations on social security for religious staff. -- Promoting cultural exchanges in religion. China will support friendly exchanges between Chinese religious circles and foreign religious organizations. (5) Right to be informed The Chinese government will further efforts to make government affairs public, to expand the scope of right to be informed by proceeding from the angles of laws, regulations and policies, so as to enhance the level of guarantee to citizens' right to information. -- Pushing forward the disclosure of government information. China will implement the Provisions on the Disclosure of Government Information and the Opinions of the State Council on Strengthening Government Administration Based on the Rule of Law. The government will make public any government information that does not involve state or trade secrets, or individual privacy. Priority will be given to the disclosure of government information in the areas of financial budgeting, allocation of public resources, approval and implementation of major construction projects, and construction of social welfare undertakings. -- The state will make greater efforts in making public of administrative work. The system of making public of administrative work will be implemented in all government departments providing public services, and they will be asked to make public in accordance with the law the basis, prerequisites, requirements, progress and result of government administrative work, and provide adequate information. -- Proactive efforts will be made to steadily push forward the disclosure of auditing information. The state will uphold and improve the system of announcing auditing results, and standardize the form, content and procedure of such announcement; and uphold and improve the system of announcing the results of phased auditing of special-purpose auditing project and results of investigation of major cases. -- The government press conference system, spokesperson system and spokesperson system for Party committees will be improved continuously. -- The system of keeping the public informed of leading officials' appointment and dismissal will be established and improved. Vacant leadership positions and related job responsibilities, as well as basic information of the candidates will be announced in due time to promote the institutionalization and standardization of appointment and dismissal of officials. -- The state will standardize and supervise the disclosure of work of enterprises and institutions that provide public services, including hospitals, schools, public transportation and public utilities. Priority will be given to the announcement of such contents as job responsibilities, service commitments, services for charges, job specifications, work discipline and channels of supervision. -- Effective measures will be taken to make enterprise affairs known to employees. By 2015, the system of disclosing enterprise affairs to their employees will be implemented in all state-owned and collective enterprises and state- and collective-controlled enterprises where trade union organizations are established, and in more than 80% of non-public enterprises with trade union organizations, so as to ensure the employees' right to be informed. -- The state will make efforts to improve the transparency of village affairs. The emphasis will be placed on the disclosure of financial affairs, and a platform for open village affairs will be set up. (6) Right to participate Further efforts will be made to improve the systems, diversify the forms and open up the channels of democracy, to expand citizens' orderly participation in political affairs. - Implementing the Electoral Law, and guarantee citizens' right to vote and to be elected. - Ensuring and supporting the participation of non-Communist parties and figures without party affiliation in the exercise of state power, consultation on major state policies and choice of state leaders, administration of state affairs, and formulation and implementation of state policies, laws and regulations. - Soliciting public opinion when formulating laws or regulations that concern major public interests and the vital interests of the people. - Continuously supporting the trade unions, the Communist Youth League, the women's federations and other mass organizations in their participation in social management and provision of public services in accordance with the law. The government will wholeheartedly gather opinions from the mass organizations when formulating and amending relevant laws, regulations and public policies. - Encouraging orderly participation by social organizations in social construction. The Law on Philanthropy will be formulated, and the Regulations on the Registration of Social Organizations, the Interim Regulations on the Registration of Private Non-enterprise Entities and the Regulations on the Management of Foundations will be amended. The government will standardize activities of voluntary services and expedite the development of voluntary services. - Improving the system of workers' congress and the system of directors and supervisors from among workers, and giving support to trade unions in participating in the management of enterprises and public institutions on behalf of workers and staff. Efforts will be made to gradually realize the goal of full coverage of the system of workers' congress in state and collective enterprises and state- and collective-controlled enterprises where trade union organizations are established, and in more than 80% of non-public enterprises with trade union organizations. - Further developing and improving the system of self-governance at the primary level of society. (7) Right to be heard The government will take effective measures to ensure that all channels of self-expression are unblocked, and citizens' freedom of speech and right to be heard are protected in accordance with the law. - The state respects and guarantees the rights of all parties and groups and deputies from all ethic groups and all walks of life in the Chinese People's Political Consultative Conference (CPPCC) to voice their opinions, to go on inspection tours, to put forward motions, to reflect social conditions and public opinion, and to take part in investigation and inspection activities. - Through communication with the public in various ways, state organs and their functionaries will earnestly learn what they want and solicit their opinions. - The mechanism whereby the masses express their wishes will be improved, and the channels for people to make petitions in the form of letters and personal visits will remain unblocked and be broadened. Such practices as Green Post, online complaints, special telephone lines, video complaints and agencies which make complaints on behalf of others will be promoted and improved so as to ensure the implementation of the Regulations on Petitions in the Form of Letters and Visits. The state will persist in requiring leading cadres at all levels to read letters from the people and make comments or issue instructions concerning them, and improve the system in which leading cadres receive visitors who come to make complaints, and visit grassroots localities. Efforts will be made to enhance the construction, promotion and application of the complaint information system. We will further strengthen the building of a state-level complaint-handling center, and set up a comprehensive platform to deal with complaints quickly and efficiently. - The state will guarantee employees' right to be heard. The making and revision of labor rules and regulations in enterprises will be discussed at workers' congress in advance, so as to ensure that channels are unblocked for employees to express appeals concerning their interests. - The state will strengthen institutional guarantees for the legitimate rights and interests of news agencies and journalists, ensuring in accordance with the law journalists' rights to be informed, to gather materials, to publish, to criticize, and to supervise, and safeguarding the legitimate rights and interests of news agencies, journalists, editors and other persons concerned. (8) Right to oversee The government will make unremitting efforts to improve the system of supervision, strengthen restraints on and supervision over the exercise of power, and earnestly guarantee citizens' right of democratic supervision. - Strengthening the supervision over the people's governments, people's courts and people's procuratorates by people's congresses and their standing committees at all levels, and strengthening supervision over leading cadres, so as to ensure the correct exercise of power. - Giving full play to the CPPCC's role in democratic supervision. Efforts will be intensified to strengthen supervision over the implementation of major policies and the performance of state organs and their functionaries by all participating parties and groups, and people from all ethnic groups and all walks of life in the CPPCC in the forms of making proposals and voicing criticisms. - Improving the system of supervision over regulations and normative documents. Efforts will be made in seriously studying and handling suggestions by individuals and organizations for reviewing such regulations and documents in accordance with relevant rules. Work will be done to strengthen the filing and examination work regarding regulations and normative documents, so as to prevent illegitimate increase of the obligations of any individuals and organizations. - Intensifying the supervision and restraint over the power of administrative examination and approval by pushing forward the publicizing of the process and results of such examination and approval, and strengthening monitoring throughout the whole process. - Strictly implementing the administrative accountability system prescribed by the Civil Servant Law and the Law on Administrative Supervision, intensifying investigations regarding the accountability in accidents in production safety, food and drug quality, land requisition and environmental pollution, and punishing in accordance with the law those who infringe on the interests of the people because of dereliction of duty or malfeasance. - Amending the Measures for Offence Reporting Work and Regulations on the Protection of Whistle-Blowers. The violations reported, the situation of the report and relevant information about informants will be kept confidential; acts obstructing, repressing and avenging the informants will be corrected timely so as to protect their legitimate rights and interests. - Guaranteeing the right of citizens and social organizations in exercising supervision over administrative organs in accordance with the law by applying for administrative reconsideration or instituting administrative litigation. - Expanding social supervision by enhancing the functions of special inspectors, supervisors and examiners, and strengthening the public's supervision over administrative, trial and procuratorial organs. - Encouraging news media to play their unique role in supervision by public opinion, and opening up the channels for people to criticize, give advice to, complain of, accuse and impeach state organs and state functionaries. |
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