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《中国人权法治化保障的新进展》白皮书(5)(中英对照)

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IV. Consolidating Social Mechanisms for Legal Protection of Human Rights

四、夯实人权法治化保障的社会基础
A society under the rule of law serves as a social mechanism for legal protection of human rights. Since the 18th CPC National Congress, China has endeavored to raise public awareness of the rule of law and comprehensively govern the country by the rule of law, in order to create a conducive social environment for legal protection of human rights.
建设法治社会,是实现人权法治化保障的社会基础。中共十八大以来,中国努力提升全民法治意识,全面推进法治社会建设,为人权法治化保障营造良好的社会环境。
Strengthening officials' awareness of the rule of law and the responsibility for the protection of human rights. All officials elected or appointed by people's congresses at all levels and by standing committees of people's congresses at county level or above, and all officials appointed by people's governments, people's courts and people's procuratorates at all levels should, when assuming office, take an oath on the Constitution in public in order to encourage and inspire them to be loyal to, stick to and safeguard the Constitution and enhance the enforcement of the Constitution. The Regulations on the Duties and Responsibilities of Top Leaders of the Party and Government as the Principal Persons Liable for Implementing the Rule of Law has been released. The regulations stipulate that Party secretaries and government heads at or above county level shall be the first to be held accountable in promoting the rule of law, and that fulfillment of such duties is among the key indicators in the official performance evaluation system.
强化国家工作人员的法治观念和人权保障意识。实行宪法宣誓制度,要求凡经各级人民代表大会及县级以上各级人民代表大会常务委员会选举或者决定任命的国家工作人员以及各级人民政府、人民法院、人民检察院任命的国家工作人员,在就职时应当公开进行宪法宣誓,激励和教育国家工作人员忠于宪法、遵守宪法、维护宪法,加强宪法实施。发布《党政主要负责人履行推进法治建设第一责任人职责规定》,规定县级以上地方党委和政府主要负责人是推进法治建设第一责任人,履职情况纳入政绩考核指标体系。
"The Opinions on Improving the System of Study and Use of the Law of Staff Members in State Organs" has been released, stipulating that obedience to law and action in accordance with the law serve as important criteria for the performance of officials. A practice of studying the law with Party committees or Party leadership groups has been formed across the country. The rule of law has become an essential component of official appointment and promotion training, as well as a compulsory course in Party schools and official training schools at all levels. Human rights knowledge is a common element of the curriculum. The Information Office of the State Council and national human rights education and training bases have convened multiple training classes on human rights for officials, to disseminate information and increase awareness of the subject.
发布《关于完善国家机关工作人员学法用法制度的意见》,把遵守法律、依法办事作为考察干部的重要依据。各地普遍建立了党委(党组)理论学习中心组学法制度,把法治纳入干部录用和晋职培训,列入各级党校和干部学院的必修课,人权知识被普遍纳入教学内容。国务院新闻办公室和国家人权教育与培训基地针对国家公职人员举办多期人权知识培训班,传播人权知识,提升人权意识。
Popularizing ideas about human rights and the rule of law. December 4 has been celebrated as the National Constitution Day and the education on the Constitution has been popularized to promote the spirit of the Constitution. The sixth and seventh five-year plans for popularization of and education in the law should be carried out to call for popularization and obedience of the law across the country. "The Opinions on Law Publicity Responsibility of State Organs" stipulates that state organs have the primary responsibility for publicity and education on the rule of law. "The Guideline on the Education of the Rule of Law Among Adolescents" has been released to incorporate education on the rule of law in the national education system. It will develop adolescents' awareness of the rule of law and popularize understanding of the rule of law. It will also build a mindset in favor of abiding by the law, and give people the awareness and enhance the ability to protect their own rights and interests by means of the law, and help them enhance their ability through legal training to participate in national and social life.
在全社会普及人权和法治观念。确定每年12月4日为国家宪法日,在全社会普遍开展宪法教育,弘扬宪法精神。实施“六五普法”规划和“七五普法”规划,推进全民普法和守法。发布《关于实行国家机关“谁执法谁普法”普法责任制的意见》,明确国家机关是法治宣传教育的责任主体。发布《青少年法治教育大纲》,把法治教育纳入国民教育体系,培育青少年法治观念、普及法治知识、养成守法意识,提高运用法律方法维护自身权益、通过法律途径参与国家和社会生活的意识和能力。
By 2016, more than 32,000 education centers on the rule of law had been established nationwide and almost all elementary and middle schools had designated vice principals or counselors in charge of education on the rule of law. All these schools have added rights of the person, right to education, and economic rights to their curricula, along with teaching activities designed for students at different stages to enhance their awareness of their rights. With the aim of promoting good faith, for the law, and operations in accordance with the law, enterprises are urged to enhance education on the rule of law and make employees aware of the protection of their rights and interests. Intensive training courses have been organized for migrant workers and the "Rule of Law Publicity Week" has been launched for them. The awareness of the rule of law and the rights of rural residents and migrant workers has been enhanced. Eight national human rights education and training bases have been established in Beijing, Shanghai, Tianjin, Chongqing and Guangzhou to expand research on human rights theory, and education and training on human rights.
截至2016年,全国共建立法治教育基地3.2万多个,96.5%以上的中小学配备了法制副校长或者法制辅导员。各中小学结合学生年龄特点,在相关课程教学中融入人身权利、受教育权利、经济权利等学习内容,增强学生的权利意识。以促进诚信守法、依法经营为重点,加强企业法治文化建设,增强企业职工权益保障意识。集中开展进城务工人员法律知识培训、法治宣传周等活动,增进农民和进城务工人员的法治观念和权利意识。在北京、上海、天津、重庆、广州等地设立8个国家人权教育与培训基地,广泛开展人权理论研究和人权教育培训。
Enhancing public legal services and mediation for people. "The Opinions on Promoting the Public Legal Services System" has been released to integrate and promote equal access to public legal services. In order to give the public convenient access to legal services to protect their rights and interests, the following measures are pursued: increase the supply of public legal services; guarantee availability of lawyers in every county; establish public legal services halls where lawyers, notarization, judicial authentication and mediation will be available; promote the system of "designating a legal counselor to every village and community", and improve the "12348" free hotline for legal advice.
加强公共法律服务和人民调解工作。发布《关于推进公共法律服务体系建设的意见》,加快推进公共法律服务体系一体化建设,促进公共法律服务均等化。增加公共法律服务供给,消除无律师县,建立集律师、公证、司法鉴定、人民调解等功能于一体的公共法律服务大厅,推广“一村一社区一法律顾问”制度,完善“12348”免费法律咨询服务热线,使人民群众能便捷获得法律服务,有效维护人民群众自身权益。
The key lies in strengthening mediation in industry and the professions, and in solving medical and labor disputes rapidly in accordance with the law. From 2013 to 2016, more than 37 million disputes were mediated, including 5.45 million disputes in industry and the professions. By the end of 2016, there were 784,000 people's mediation centers with 3.8 million mediators serving communities in both rural and urban areas. From 2013 to 2016, more than 9 million disputes were mediated, and over 97 percent of those disputes were solved. This played a key role in relieving conflict and easing stress at the community level.
重点加强行业性、专业性人民调解工作,依法及时化解医疗、劳动等领域矛盾纠纷。2013年至2016年,共调解各类矛盾纠纷3719.4万件,其中行业、专业领域矛盾纠纷545万件。截至2016年,全国共有人民调解组织78.4万个,人民调解员385.2万人,覆盖全国城乡社区。2013年至2016年,每年调解矛盾纠纷900多万件,调解成功率达97%以上,促使大量矛盾纠纷化解在基层。
Guaranteeing people's right to self-governance at the community level. China has made constant effort to improve self-governance at the community level, strengthen community consultation in urban and rural areas, and complete the mechanism to help urban and rural residents express their demands, coordinate interests and protect rights and interests. By 2016, about 85 percent of villages had set up villagers' meetings or meeting of villagers' representatives. Eighty-nine percent of communities had established congresses of residents. Sixty-four percent of communities had established consultative councils, and consultative forms such as "villager discussion", "community consultation", "property owner consultation", and "villager hearing on decision-making" have steadily taken shape in China. By 2016, 98 percent of rural villages nationwide had formulated villagers' codes of conduct or villagers' self-governance regulations, while similar residents' codes of conduct or residents' self-governance regulations had been formulated in urban communities. These play an extensive role in social governance.
保障基层民众自治权利。不断完善基层群众自治,加强城乡社区协商,完善城乡居民诉求表达、利益协调和权益保障机制。截至2016年,全国共有约85%的村建立村民会议或村民代表会议制度,89%的社区建立居民(成员)代表大会,64%的社区建立协商议事委员会,“村民议事”“小区协商”“业主协商”“村(居)民决策听证”等协商形式在全国城乡社区逐步推广。截至2016年,全国98%的村制定了村规民约或村民自治章程,城市社区普遍制定了居民公约或居民自治章程,村规民约、社区公约等在社会治理中的作用得到发挥。
Giving full play to people's organizations and social organizations in protecting the legitimate rights and interests of citizens. People's organizations such as trade unions, communist youth leagues and women's federations communicate people's demands through multiple channels and actively offer suggestions on formulating laws against domestic violence and regulations on supervision of labor protection. To protect the legitimate rights and interests of workers, trade unions at all levels scrutinize the enforcement of laws on labor and expose major violations. By the end of 2016, there were nearly 990,000 watchdog organizations in all trade unions with almost 2 million observers.
发挥群团组织、社会组织维护公民合法权益的积极作用。工会、共青团、妇联等群团组织通过多种渠道反映民众诉求,在反家庭暴力法、劳动保障监察条例等法律法规的制定过程中积极建言献策。各级工会履行劳动法律监督职责,开展重大劳动违法典型案件公开曝光工作,积极维护劳动者合法权益。截至2016年,全国共有工会劳动法律监督组织近99万个,工会劳动法律监督员199万人。
From 2012 to 2016, women's federations at county level or above handled 1.33 million complaints about violations of women's rights and interests through multiple channels like the "12338" hotline, and community-level women's federations worked together with professionals to investigate and resolve disputes and provide legalassistance and care to the woman victims so that their rights and interests are protected. Social organizations of all kinds play a significant role in safeguarding legitimate public rights and interests, expressing legitimate demands and participating in public affairs management. By June 2017, there were 725,000 registered social organizations nationwide, including 344,000 social groups, 375,000 social services organizations, and 5,919 foundations. The strengths of non-governmental philanthropic organizations have played an important role in poverty alleviation, disaster relief, and emergence response. The government is spending more to purchase services from social organizations. In 2017, the central government approved 474 projects totaling RMB182 million plus RMB77 million of supporting funds, directly benefiting over 1 million people and training nearly 7,400 heads of social organizations.
2012年至2016年,县以上妇联系统通过12338热线等渠道受理妇女权益投诉133万余件次,基层妇联协调专业力量共同为权益受侵害的妇女提供矛盾排查、纠纷化解、法律援助、关爱帮扶的综合维权服务。各类社会组织在维护合法权益、表达正当诉求、参与公共事务管理中发挥重要作用。截至2017年6月,全国依法登记的社会组织约72.5万个,其中社会团体34.4万个,社会服务机构37.5万个,基金会5919个。慈善类社会组织在扶贫济困救灾和应对各类突发事件中的优势和作用得到充分发挥。政府向社会组织购买服务力度加大,2017年,中央财政全年共立项474个,立项总资金18206万元,配套资金7668万元,预计直接受益群众超过107.84万人,培训社会组织负责人近7400人。

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