三、努力提高人权司法保障执行力 |
III. Enhance Judicial Protection of Human Rights |
依法惩治违法犯罪,公正审理民事、行政案件,强化生效裁判执行,完善社区矫正、国家赔偿和法律援助制度,切实保障公民生命财产权利、民生权利等合法权益。 |
China punishes crimes by law, tries civil and administrative cases fairly, and strengthens the execution of effective judgments. It endeavors to improve institutions of community correction, state compensation and legal aid, and diligently safeguard citizens' right of life, property right, right of livelihood and other legitimate rights and interests. |
依法办理各类刑事案件,保障人民群众生命财产权利。重点惩治暴力恐怖、严重暴力、黑恶势力、涉枪涉爆、食药安全、制贩毒品等犯罪。公安机关先后开展打击暴力恐怖活动、打黑除恶、打击整治非法调查和非法买卖公民信息、打击电信诈骗犯罪和利用“伪基站”违法犯罪等专项行动。最高人民检察院与公安部、国家食品药品监督管理总局共同制定食品药品行政执法与刑事司法衔接工作办法,2015年各级检察机关共建议食品药品监管部门移送涉嫌犯罪案件1646件,监督公安机关立案877件。完善检察机关同步介入生产安全事故调查处理机制,2015年共起诉重大责任事故犯罪2199人,查处事故所涉职务犯罪823人。天津港“8·12”特别重大火灾爆炸事故发生后,检察机关迅速介入调查,分别以涉嫌玩忽职守罪、滥用职权罪、受贿罪,对25人立案侦查。2012年至2015年,各级法院审结各类一审刑事案件406.26万件。依法审理云南昆明“3·01”暴恐案、北京 “10·28”暴恐案等暴力恐怖犯罪案件,审结黑社会性质组织犯罪案件2070件,审结杀人、抢劫、绑架、强奸等犯罪案件105.05万件,审结毒品犯罪案件41.73万件。 |
Handle all kinds of criminal cases by law to protect people's right of life and property right. The state focuses on punishing violent terrorist crimes, serious crimes of violence, gangland crimes, crimes involving guns and explosives, crimes endangering food and medicine safety, crimes related to drug production and trafficking, and some other crimes. Public security organs have launched a series of special actions to fight against violent terrorist activities, combat organized criminal gangs, crack down on illegal gathering and trading of citizens' information, and combat telecommunication fraud and the use of pseudo base stations.
Together with the Ministry of Public Security and the China Food and Drug Administration, the Supreme People's Procuratorate has formulated working methods connecting administrative law enforcement on food and medicine crimes with criminal justice. In 2015, procuratorial organs at all levels recommended to food and drug regulatory authorities to bring 1,646 suspected criminal cases to lawsuit, and supervised and urged public security organs to file 877 cases. The mechanism enabling procuratorial organs to synchronously engage in investigating and handling industrial accidents has been improved. In 2015 procuratorial organs prosecuted 2,199 people for being liable for serious accidents, and investigated and dealt with 823 involved in these accidents for work-related crimes. After the Tianjin Port fire and explosion incident on August 12, 2015, procuratorial organs quickly launched an investigation, and then placed on file 25 cases of criminals suspected of dereliction of duty, abuse of power, and bribery. From 2012 to 2015, courts at all levels concluded 4,062,600 criminal cases of first instance. Related courts tried, according to the law, the case of the Kunming terrorist attack on March 1, 2014, that of Beijing terrorist attack on October 28, 2013, and other cases of violent terrorist crimes. Courts concluded 2,070 cases of gangland crimes, 1,050,500 cases of murder, robbery, kidnapping, rape and other crimes, and 417,300 cases of drug-related crimes.
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依法惩处腐败犯罪和职务犯罪,为人权保障创造良好的政治和法治环境。2015年,各级检察机关共立案侦查职务犯罪案件40834件54249人。其中,查办贪污贿赂、挪用公款100万元以上的案件4490件,同比上升22.5%;查办受贿犯罪13210人、行贿犯罪8217人;查办国家机关工作人员渎职侵权犯罪13040人;查办事关群众切身利益的征地拆迁、社会保障、教育、医疗、“三农”等民生领域的职务犯罪20538人。2012年至2015年,各级法院共审结贪污贿赂犯罪案件9.49万件,判处罪犯10.02万人;审结行贿案件1.03万件,判处罪犯9219人;审结渎职犯罪案件2.13万件,判处罪犯2.35万人。其中被告人原为厅局级以上的381人,原为县处级以上的2269人。依法判处周永康无期徒刑,剥夺政治权利终身,并处没收个人财产;判处薄熙来无期徒刑,剥夺政治权利终身,并处没收个人财产。 |
Punish by law crimes of corruption and work-related crimes to create a favorable political and legal environment for the protection of human rights. In 2015, procuratorial organs at all levels placed on file and investigated 40,834 cases of work-related crimes involving 54,249 people. Specifically, they investigated and dealt with 4,490 cases of embezzlement, bribery, and defalcation of more than one million yuan each, a year-on-year increase of 22.5 percent; 13,210 people for taking bribes and 8,217 for offering bribes; 13,040 civil servants for dereliction and malfeasance; and 20,538 people for work related crimes in land requisition and demolition, social security, education, health care, the Three Rural (agriculture, rural areas and farmers) issues and other livelihood fields concerning immediate interests of the people. From 2012 to 2015, courts at all levels concluded 94,900 cases of corruption and bribery and sentenced 100,200 criminals; concluded 10,300 cases of offering bribes and sentenced 9,219 criminals; and concluded 21,300 cases of dereliction of duty, and sentenced 23,500 criminals. Among the defendants, 381 were formerly at/above the department or bureau level, and 2,269 were at/above the county or division level. Zhou Yongkang was sentenced to life imprisonment and deprived of political rights for life, and his personal assets were confiscated. Bo Xilai was sentenced to life imprisonment and deprived of political rights for life, and his personal assets were confiscated. |
打拐专项行动深入推进,反对拐卖妇女儿童工作取得重要进展。坚持不懈预防、打击拐卖妇女和儿童犯罪,落实《中国反对拐卖人口行动计划(2013-2020年)》,解救拐卖犯罪被害人。刑法修正案(九)对收买被拐卖妇女和儿童的行为,加大了处罚力度。公安机关深入推进打拐专项行动,完善工作机制,县(市、区)公安机关主要领导或主管领导担任拐卖儿童案件专案组长,全程负责;在全国实行儿童失踪快速查找机制,充分调动警务资源快速查找失踪儿童;开展全国来历不明儿童集中摸排行动,对疑似被拐卖儿童采集DNA信息后,录入全国打拐DNA信息库比对。截至2015年,全国打拐DNA信息库已为4100多名被拐卖儿童找到亲生父母。公安部打拐办开通微博,普及防拐知识,推动全社会提高防拐反拐意识,支持参与打拐工作。拐卖妇女儿童犯罪得到有效遏制,案件数量自2013年起逐年下降。各级法院2015年审结的拐卖妇女儿童犯罪案件数量比2010年下降了55.55%。 |
Advance special actions against human trafficking, and make important progress in combating trafficking in women and children. China has made unremitting efforts to prevent and crack down on the abduction and trafficking of women and children. It has worked to implement China's National Plan of Action on Combating Trafficking in Women and Children (2013-2020) and to rescue abducted victims. Amendment (IX) to the Criminal Law increases penalties for whoever buys an abducted woman or child. Public security organs have launched special actions against human trafficking, and improved their working mechanisms. The principal leader or a leader in direct charge of a public security organ at the county (city or district) level should take charge of a special group for the examination of child trafficking cases, and take responsibility throughout the whole process. A mechanism for quickly searching for missing children has been put in place around the country, under which police resources are fully mobilized to quickly find missing children. A uniform operation of thorough search and investigation for children of unknown origin has been carried out nationwide, in which DNA information of children suspected of being the victims of abduction is collected and recorded into a national DNA database for comparison. As of 2015, the national DNA database against trafficking had helped more than 4,100 abducted children find their birth parents. The Anti-Trafficking Office of the Ministry of Public Security opened a Weibo to popularize information on anti-trafficking, promote public awareness in preventing and combating trafficking, and encourage people to support and participate in anti-trafficking work. Through these efforts, crimes of trafficking in women and children have been effectively curbed, and the number of such cases has decreased year by year since 2013. The number of cases of trafficking in women and children that courts at all levels concluded in 2015 fell by 55.55 percent compared to 2010. |
依法惩处侵犯未成年人违法犯罪,强化未成年人权利保障。2013年,最高人民法院、最高人民检察院、公安部、司法部联合发布《关于依法惩治性侵害未成年人犯罪的意见》,突出了对未成年被害人的权益保护和对性侵害犯罪分子的依法严惩。2014年10月,最高人民法院、最高人民检察院、公安部、民政部联合发布《关于依法处理监护人侵害未成年人权益行为若干问题的意见》,对实施性侵害、暴力、虐待、遗弃未成年人的父母或其他监护人,依法撤销其监护人资格。刑法修正案(九)取消了嫖宿幼女罪名,对此类行为适用刑法关于奸淫幼女的,以强奸论、从重处罚的规定;规定对未成年人、老年人等负有监护、看护职责的人虐待被监护、看护的人,情节恶劣的,处三年以下有期徒刑或者拘役。2013年至2015年,各级人民法院共审结猥亵儿童犯罪案件7610件,判处6620人;审结虐待罪刑事案件224件。2015年,江苏省徐州市铜山区人民法院审结首例撤销未成年人父母监护人资格案件。公安机关加强校园及周边治安环境整治,有效维护校园安全。全国共设立校园周边警务室和治安岗亭17万个,设立“护学岗”26万个,每日巡逻力量达30万人次。各地校园配备保安员70万名、防护装备120万件,安装技防设备68万套。 |
Bring to justice criminals who infringe the rights of minors, and strengthen the protection of minors' rights. In 2013, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Opinions on Legally Punishing the Crime of Sexual Assault Against Minors, highlighting protection of minor victims' rights and severe punishment of criminals engaging in sexual assault against minors. In October 2014, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Civil Affairs issued the Opinions on Several Issues Concerning Law-based Handling of the Infringement of the Rights and Interests of Minors by Their Guardians, deciding that guardianship of parents or other guardians who sexually assault, treat with violence, abuse and abandon minors will be revoked according to law. Amendment (IX) to the Criminal Law abolishes the crime of sex with a girl under the age of 14, and stipulates that whoever has sexual relations with a girl under the age of 14, as applicable to the Criminal Law, shall be deemed to have committed rape and shall be given a heavier punishment. It also stipulates that anyone who maltreats a minor or an elderly person whom they are responsible for guarding and nursing, if the case is serious, shall be sentenced to imprisonment or criminal detention of not more than three years. From 2013 to 2015, people's courts at all levels concluded 7,610 cases involving child molestation, and sentenced 6,620 criminals; and concluded 224 criminal cases of maltreatment. In 2015, the People's Court of Tongshan District, Xuzhou City, Jiangsu Province concluded the first case of revoking the guardianship of a minor's parents. Public security organs have strengthened police on campus and in surrounding areas, and effectively maintained campus safety. Around the country, 170,000 police offices and security sentry boxes have been set up in surrounding areas of schools, and 260,000 posts for protecting students have been set up, representing a daily patrol force of 300,000. Schools have employed 700,000 security guards and provided them with 1.2 million items of protective equipment, and installed 680,000 sets of equipment for technical defense. |
严格控制和慎用死刑,确保死刑只适用于极少数罪行极其严重的犯罪分子。继2011年刑法修正案(八)取消13个经济性非暴力犯罪的死刑后,2015年通过的刑法修正案(九)再次减少适用死刑的罪名,取消走私武器、弹药罪,走私核材料罪,走私假币罪,伪造货币罪,集资诈骗罪,组织卖淫罪,强迫卖淫罪,阻碍执行军事职务罪,战时造谣惑众罪9个罪的死刑,并进一步提高对判处死刑缓期执行的罪犯执行死刑的门槛。在死刑案件中充分保障被告人的辩护权和其他合法权益,实行死刑第二审案件全部开庭审理。最高人民法院复核死刑案件注重依法讯问被告人,听取辩护律师的意见。 |
Strictly control the death penalty and employ it with prudence to ensure that it applies only to a very small number of extremely serious criminal offenders. Following the Amendment (VIII) to the Criminal Law in 2011 which abolishes the death penalty for 13 economy-related, non-violent offenses, Amendment (IX) to the Criminal Law, adopted in 2015, again reduces the number of crimes for capital punishment, abolishing the death penalty for nine areas of crime: smuggling arms and ammunitions, smuggling nuclear materials, smuggling counterfeit currency notes, counterfeiting currency, illegally raising funds, organizing others for prostitution, forcing others into prostitution, obstructing commanders or personnel in the performance of their military duties, and creating rumors and misleading the people during time of war. Amendment (IX) to the Criminal Law also extends the possibility of reprieve in cases of capital sentence. In death penalty cases, the defendant's right to defense and other legitimate rights and interests are fully protected, as hearings are held for all death penalty cases of second instance. When the Supreme People's Court reviews a death penalty case, it focuses on interrogating the defendant in accordance with the law, and listening to opinions of the defense counsel. |
依法审理民商事案件,切实保障民生权利。2012年至2015年,各级法院审结民商事案件3230.24万件。其中,审结农村承包合同纠纷案件9.01万件、宅基地纠纷案件1万件,审结婚姻家庭、抚养继承等案件661.16万件。妥善处理人身伤害、劳动就业、教育、医疗、住房等与人民生产生活密切相关的案件,依法保障民生。2012年至2015年,各级人民法院共审结涉民生案件233.43万件。 |
Try civil and commercial cases by law to effectively protect people's right of livelihood. From 2012 to 2015, courts at all levels concluded 32,302,400 civil and commercial cases. Among these, 90,100 involved rural contract disputes, 10,000 involved homestead disputes, and 6,611,600 cases involved marriage and family, upbringing and inheritance. The courts properly handled cases relating to personal injury, employment, education, health care, housing, and other areas closely related to people's daily and working life, protecting people's livelihood according to the law. From 2012 to 2015, people's courts at all levels concluded a total of 2,334,300 such cases. |
依法审理环境资源案件,保护公民环境权益。2014年6月,最高人民法院设立环境资源审判庭。截至2015年,全国共有24个省(自治区、直辖市)的法院设立环境资源审判庭、合议庭、巡回法庭,共计456个。2012年至2015年,各级法院共审结各类涉及资源、环境案件49.55万件。2013年至2015年,最高人民法院先后4次共计发布33起环境资源典型案例,保障环境资源法律的全面、正确、统一施行,推动生态环境司法治理。 |
Hear cases involving the environment or resource use to protect citizens' environmental rights. In June 2014, the Supreme People's Court established a tribunal for lawsuits involving the environment and resource use. As of 2015, courts of 24 provinces (autonomous regions and municipalities directly under the central government) had established 456 tribunals, collegial benches and circuit courts for environment cases. From 2012 to 2015, courts at all levels concluded a total of 495,500 such cases. From 2013 to 2015, the Supreme People's Court notified the public of 33 typical environment cases on four occasions, trying to ensure environment and resource laws are properly applied in a comprehensive, correct, and consistent way, and to promote environmental protection on the basis of the law. |
依法审理行政诉讼案件,维护行政相对人合法权益。2012年至2015年,各级法院共审结各类行政案件57.9万件。妥善审理社会关注的房屋拆迁行政诉讼案件,依法保护被拆迁人合法权益,审结房屋拆迁行政诉讼案件3.28万件。健全行政机关负责人依法出庭应诉制度。江苏省行政机关负责人行政诉讼出庭应诉率2014年至2015年均在90%以上,其中海安县人民政府连续3任县长亲自出庭应诉,连续6年行政机关负责人出庭应诉率达100%。加强行政案件协调和非诉行政案件执行等工作,促进化解行政纠纷。及时向行政机关反馈审判工作中发现的行政执法突出问题,促进依法行政。2014年至2015年,最高人民法院先后发布“征收拆迁十大案例”“信息公开十大案例”“环境保护十大案例”“行政不作为十大案例”和“经济行政十大案例”,规范行政执法,统一裁判尺度。 |
Hear administrative cases to safeguard legitimate rights and interests of private parties. From 2012 to 2015, courts at all levels concluded 579,000 administrative cases of various types. The courts properly heard administrative proceedings involving house demolitions of high social concern, protecting the legitimate rights and interests of displaced people in accordance with the law. They concluded 32,800 administrative cases involving house demolitions. The system whereby the individual in charge of an administrative agency appears and defends the organ in court in accordance with the law has been improved. In 2014 and 2015, among Jiangsu administrative agencies involved in administrative proceedings, more than 90 percent of those in charge appeared in court. Three consecutive magistrates of Hai'an County People's Government personally appeared in court. For six years, all heads of various administrative organs of this county, when involved in administrative proceedings, appeared in court. Coordination of administrative cases and enforcement of non-litigation administrative cases have been strengthened, helping resolve administrative disputes. Timely feedback on prominent law enforcement problems found in court trials has been provided to administrative agencies to promote law-based administration. From 2014 to 2015, the Supreme People's Court made known to the public ten cases concerning land acquisition, house demolition and relocation, ten information disclosure cases, ten cases concerning environmental protection, ten cases concerning administrative nonfeasance, and ten administrative cases concerning commercial interests. In so doing, it has regulated administrative law enforcement, and provided uniform criteria for judgment. |
依法审理国家赔偿案件,保障赔偿请求人合法权益。2015年,最高人民法院、最高人民检察院联合制定《关于办理刑事赔偿案件适用法律若干问题的解释》,明确细化了终止追究刑事责任的情形,解决了实践中因刑事案件久拖不决公民无法申请国家赔偿的问题,对促进办案机关依法行使职权、保障公民取得国家赔偿的权利,发挥了重要作用。2012年至2015年,各级法院共审结国家赔偿案件1.23万件。2016年1月7日,最高人民法院、最高人民检察院联合公布8起刑事赔偿典型案例。 |
Safeguard legitimate rights and interests of applicants in state compensation cases. In 2015, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Regarding Compensation, elaborating on the circumstances under which investigation of criminal liabilities is terminated. The document has helped solve problems for citizens who cannot apply for state compensation due to protracted criminal cases, and played an important role in urging case handling organs to exercise functions according to the law and in protecting the right to state compensation. From 2012 to 2015, courts at all levels concluded a total of 12,300 cases on state compensation. On January 7, 2016, the Supreme People's Court and the Supreme People's Procuratorate brought the public's attention to eight typical criminal cases on state compensation. |
强化生效裁判执行工作,保护执行案件当事人合法权益。最高人民法院修改《关于限制被执行人高消费的若干规定》,全面限制失信被执行人非生活或经营必须的消费,建立全社会失信惩戒联动机制。截至2015年,全国共有308万名被执行人被纳入失信名单,累计拦截357.7万人次购买飞机票,59.88万人次购买列车软卧、高铁和动车一等座以上车票。2012年至2015年,各级法院共新收申请执行案件1259.14万件,执结1190.6万件。加强涉民生案件执行。2015年12月1日至2016年2月15日,最高人民法院开展涉民生案件集中执行,着重执行涉及人民群众生存生活的追索劳动报酬、农民工工资、赡养费、抚养费等9类案件,截至2016年1月15日,全国共执结约6万件,执行到位约20亿元。 |
Reinforce enforcement of effective judgment to protect legitimate rights and interests of relevant parties. The Supreme People's Court revised Several Provisions on Restricting Extravagant Spending of the Persons Subject to Enforcement, restricting expenditure not necessary for life or business operation by the persons who are included in the list of dishonest persons subject to enforcement. This effort helped set up a public mechanism for penalizing dishonest people. As of 2015, 3.08 million people subject to enforcement had been included in the list of dishonest persons, 3,577,000 attempts by these people to buy airline tickets had been intercepted, as well as 598,800 attempts to buy soft sleeper tickets and first-class tickets on high-speed trains. From 2012 to 2015, courts at all levels received 12,591,400 new cases of application for enforcement, of which 11,906,000 were enforced and concluded. Enforcement of cases relating to essential requirements of daily life has been reinforced. From December 1, 2015 to February 15, 2016, the Supreme People's Court enforced such cases in a centralized way, with focus on nine categories, including recovering payment for labor, migrant workers' wages, alimony, and payment for children's upbringing. As of January 15, 2016, about 60,000 cases had been enforced and concluded, involving sums of about two billion yuan. |
完善社区矫正工作,有效保障社区矫正对象的合法权益。各级司法行政机关认真落实《关于组织社会力量参与社区矫正工作的意见》,将社区矫正经费纳入各级财政预算,鼓励引导社会力量参与社区矫正工作,解决好社区矫正对象就业就学和社会救助、社会保险等问题,通过各种渠道加强对社区矫正对象的教育帮扶,重视社区矫正对象心理矫治,促进其更好地融入社会。截至2015年,各地累计接收社区矫正对象270.2万人,累计解除矫正200.4万人,现有社区矫正对象69.8万人。社区矫正对象在矫正期间的重新违法犯罪率为0.2%。全国累计建立县(区)社区矫正中心1339个。现有社区服务基地24787个,教育基地9218个,就业基地8165个,社区矫正小组67.2万个。全国从事社区矫正工作的社会工作者8.3万人,社会志愿者69万人。北京市海淀区社区矫正中心联合5所高校创办中途学院,由高校教师为社区矫正对象提供针对性分类教育。安徽省巢湖市社区矫正中心为社区矫正对象建立心理健康档案,开展咨询服务活动。 |
Improve community correction work to effectively protect correction subjects' legitimate rights and interests. Administrative organs of justice at all levels have implemented the Opinions on Organizing Social Forces to Participate in Community Correction. They have covered community correction funds in financial budgets at all levels; encouraged and guided social forces to participate in community correction; tried to solve employment, schooling, social assistance, social security and other issues for correction subjects; strengthened education for and assistance to them through various channels; and directed attention to their psychological treatment. In so doing they have helped them better reintegrate into society. As of 2015, administrative organs of justice around the country had received a total of 2,702,000 offenders for community correction, among whom 2,004,000 were discharged from correction and 698,000 remained for correction. Only 0.2 percent of offenders committed crimes during the correction period. Altogether 1,339 community correction centers have been established nationwide in counties or districts. There are 24,787 bases for community service, 9,218 bases for education, 8,165 bases for employment, and 672,000 community correction groups. Around the country, 83,000 social workers and 690,000 volunteers are engaged in community correction. Haidian District Community Correction Center of Beijing founded the Zhongtu (Midway) College with five universities. In the college, university teachers provide targeted, classified education for correction subjects. Chaohu Community Correction Center, Anhui Province, has established mental health records for correction subjects, and provides consulting services. |
加大法律援助力度,公民获得法律援助的权利进一步落实。加强法律援助基层服务网络建设。全国共建成法律援助便民服务窗口3500余个、法律援助工作站7万余个,基层基础建设得到改善。推广使用全国法律援助信息管理系统,简化受理审查程序,公民获得法律援助更加便捷。进一步扩大法律援助补充事项范围,放宽适用法律援助的经济困难标准,加大法律援助经费保障。2012年至2015年,中央财政拨付法律援助经费总额15.2亿元。积极推动地方政府将法律援助经费纳入财政预算。截至2015年,全国已有24个省(自治区、直辖市)建立省级法律援助专项资金,91.4%的地方将法律援助业务经费纳入财政预算。2012年至2015年,全国共办理法律援助案件470万件,年均增长7.4%,受援群众超过526万,提供法律咨询2587万人次。 |
Adjust font size: Increase legal aid to enable citizens to better enjoy the right to legal aid. A framework of grassroots legal aid has been put in place. More than 3,500 offices have been opened to provide convenient legal aid to the public, and more than 70,000 legal aid work stations have been set up, improving grassroots infrastructure. Judicial organs have worked to spread the national legal aid information management system, which helps to simplify the process of acceptance and review, and thus make it easier for citizens to receive legal aid. They have expanded the scope of supplementary items for legal aid, relaxed criteria for economic difficulty applying to legal aid, and increased fund guarantee for legal aid. From 2012 to 2015, the central government allocated 1.52 billion yuan to legal aid. The Central Authorities have urged local governments to include a legal aid fund in their budgets. As of 2015, 24 provinces (autonomous regions and municipalities directly under the central government) had established a provincial-level specialized fund for legal aid, and 91.4 percent of all local governments had covered the legal aid fund in their budgets. From 2012 to 2015, 4.7 million legal aid cases were handled around the country. This represents an average annual increase of 7.4 percent, benefiting more than 5.26 million people and providing legal advice to 25.87 million. |
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