SCIO briefing on implementation of National Human Rights Action Plan of China (2016-2020)
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E-mail China.org.cn, June 7, 2021
Shou Xiaoli:
Now, let's give the floor to Ms. Li Xiao.
Li Xiao:
Friends from the media, good afternoon. I'd like to brief you on major measures taken by the judiciary to implement the National Human Rights Action Plan (2016-2020) and the progress of its implementation.
The judiciary have always attached great importance to the implementation of the action plan and have incorporated the action plan into the work plans of their systems and departments in accordance with the principle "each performing its own functions and sharing the work and responsibilities,"and adopted effective measures to actively push for implementation. The Supreme People's Court has closely focused on the work goal of ensuring that citizens feel fairness and justice in every judicial case and espoused a people-centered view of human rights to implement the constitutional principles of respecting and protecting human rights. They have promoted the rule of law in safeguarding human rights and fulfilled the targets and tasks of the judicial work set in the action plan as scheduled.
In order to guarantee the right to fair trial for all parties, the judicial system of China has made the following efforts:
First, they have carried out reform of the judicial system and enforced judicial accountability in all respects. By strictly implementing the Regulations on the Recording, Notification, and Accountability Investigation of Leading Officials for Interventions in Judicial Activities and Handling of Specific Cases, the Regulations on the Recording and Accountability Investigation of Staff Members of Judicial Organs for Their Intervention in Case Handling, and Provisions on Further Regulating the Contact and Association between Judicial Officials and the Parties Concerned, Lawyers, Special Interested Parties, and Intermediary Organizations, they have defined their functions and duties clearly and improved the supervision mechanism to ensure the independence of judicial power in accordance with the law.
Second, they have further promoted the reform of the criminal litigation system with a focus on adjudication. They have strictly enforced the principles of "statutory crime and penalty," "no punishment in doubtful cases" and "evidentiary adjudication," and "exclusionary rule" so as to realize the substantive reform of court trials and prevent and correct unjust, false and wrong cases. From 2016 to 2020, China's courts acquitted 5,479 defendants.
Third, they have fully guaranteed defendant's rights to defense and legal assistance. They have protected lawyers' rights to meet their clients, to read case files, to investigate and obtain evidence, to conduct cross-examination, and to debate and defend, and other litigious rights. They have also improved the work mechanism for lawyers to perform their duties by law.
Fourth, they have improved the system of right remedy and assistance. They have raised standards of compensation to increase the daily compensation from 17.16 yuan ($2.69) in 1995 to 373.1 yuan in 2021. From 2016 to 2020, courts at all levels concluded 87,152 cases involving state compensation. By implementing the Opinions on Carrying out Victim Relief Work, they have established the Judicial Assistance Committee. From 2016 to 2020, they handled 205,600 legal aid cases, and the level of judicial protection for human rights was continuously improved. Thank you.
Shou Xiaoli:
Next, I will give the floor to Mr. Chang Jian.
Chang Jian:
Good afternoon. It is a great pleasure to meet with you all at this briefing regarding the implementation of the National Human Rights Action Plan. I'd like to brief you on our study of civil and political rights in China.
Generally speaking, the Chinese government has further stepped-up efforts to guarantee civil and political rights. Specifically, they have taken a series of measures to safeguard citizens' personal freedom, freedom of religious belief, property rights, the right to information, the right to participation, rights of expression and the right to supervision. They have achieved results.
In terms of safeguarding personal freedom, China has established a system of archiving the entire law-enforcement process, and revised the Administrative Penalties Law, which clearly defines that "the power of administrative penalty involving restriction of personal freedom shall only be exercised by the public security organs" and other organs as prescribed by law.
As for guaranteeing the freedom of religious belief, China has revised the Regulations on Religious Affairs to add a section covering religious schools. From 2016 to 2020, 12 new religious schools were established in China, bringing the total number to 95.
In terms of guaranteeing the right to property, China has amended the Land Administration Law, the Urban Real Estate Administration Law, the Law on Rural Land Contracting, the Copyright Law and the Patent Law to improve the protection of the property rights of rural collectives and individual citizens, as well as the intellectual property rights in China.
In terms of the rights to information, participation, expression and supervision, more than 90 draft laws have been made available for public consultation since 2018. The system of publicity for administrative law enforcement was rolled out in 2019. During the past five years, non-Communist parties and the All-China Federation of Industry and Commerce have submitted more than 1,800 proposals. A draft of the revised Administrative Reconsideration Law has solicited public opinion since the end of last year. In 2020, the administrative review organs at all levels handled around 242,000 applications for administrative reconsideration and the proportion of direct error correction decisions made reached 14.6%. Thank you.
Shou Xiaoli:
Next, I will give the floor to Zhang Yonghe.
Zhang Yonghe:
I'm very glad to attend this briefing today. As scholars, we participated in the implementation of the plan. I have done research on economic, social and cultural rights, and I am willing to communicate with you in this regard.
First, generally speaking, our action plan is consistent with the basic framework of the U.N. International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights, which means that our action plan meets the U.N. requirements.
Second, the third action plan is completely consistent with our 13th Five-Year Plan (2016-2020), and they complement each other. In the past five years, the Chinese government has taken practical measures to actively promote the successful completion of the goals and tasks of the National Human Rights Action Plan (2016-2020).
In terms of economic, social and cultural rights, the Chinese government has continuously deepened reforms, implemented the requirements of the 13th Five-Year Plan in the economic, social and cultural fields, and adopted a series of major measures to promote development and benefit people's livelihoods. For example, we have implemented the annual paid leave system, strictly standardized the special working hours system, and established vocational education and continuing education systems. We have implemented targeted poverty reduction and alleviation strategies and accomplished the targets and tasks for eliminating poverty. We have completed the compilation of the Civil Code, which further improves the property rights of civil subjects, as well as the specific system whereby the property rights of the state, collectives, individuals and other rights holders are equally protected by law.
With regard to the rights of specific groups, the Chinese government has adopted a series of major measures to provide preferential protection for the rights of specific groups, raising the level of protection for the rights of ethnic minorities, women and children. More than 50 autonomous regulations and 240 separate regulations have been formulated and revised in 155 ethnic autonomous areas, providing legal support for protecting the legal rights of ethnic minority citizens in accordance with the law. We have issued the Circular about Further Regulating Recruitment and Promoting Women's Employment, specifying six types of gender discrimination in employment that shall not be committed, and establishing a working mechanism for joint departmental interviews to provide safeguards for women's equal employment. The Law of the P.R.C. on the Protection of Minors was revised in 2020 and ensures a mandatory reporting system for violations of minors' lawful rights, a prevention and control system for school bullying, and a cybersecurity system.
In general, the third action plan has played a very important role in promoting the cause of human rights in China. Thank you.
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