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《中国人权法治化保障的新进展》白皮书(4)(中英对照)

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III. Effectively Enhancing Judicial Protection of Human Rights
三、有效提升人权司法保障水平
The judicial system plays a significant role in human rights protection. Since the 18th CPC National Congress, China has put people first in its judicial system, integrated criminal punishment with human rights protection, pressed ahead with judicial system reform, continuously developed and improved a socialist judicial system with Chinese characteristics, and endeavored to embody fairness and justice in each and every legal case.
司法是人权保障的重要防线。中共十八大以来,中国坚持司法为民,将惩治犯罪与保障人权相统一,坚定不移推进司法体制改革,不断发展和完善中国特色社会主义司法制度,努力让人民群众在每一个司法案件中都感受到公平正义。
Guaranteeing independent and impartial enforcement of judicial and procuratorial authorities as per the law. Thanks to comprehensive implementation of judicial accountability reform, improvement of the classified management system of judicial personnel, and full adoption of judge quota system reform, the number of judges has been streamlined from 198,800 to 120,000, and procurators from 158,000 to 86,000. Further progress has been made in standardization, specialization and professionalization. According to the principle that those who review a case pass judgment, and those who pass judgment are held accountable, judges and procurators are subject to life-long accountability for cases they handle during their service. Based on strict implementation of judicial accountability, a career security system in line with professional characteristics of judicial personnel has been established.
确保审判权检察权依法独立公正行使。全面落实司法责任制改革,健全司法人员分类管理制度,全面推开员额制改革,全国法官人数从19.88万人精简到12万人,检察官人数从15.8万人精简到8.6万人,司法人员正规化、专业化、职业化水平进一步提升。让审理者裁判,由裁判者负责,法官和检察官在职责范围内对案件质量终身负责。在严格落实司法责任制基础上,建立起符合司法人员职业特点的职业保障制度。
The mechanism that guarantees performance of duty of judicial personnel in accordance with the law has been improved, clearly stipulating that judges and procurators are to be free from interference by administrative organs, social groups and individuals when handling cases as per the law. Provincial-level courts and procuratorates have direct jurisdiction over the staffing, finance and property of their subordinate courts and procuratorates, and circuit courts under the Supreme People's Court and trans-regional courts and procuratorates have been set up to handle trans-regional cases in a concentrated way. The enforcement mechanism of judicial power, which explicitly differentiates power and responsibility, features effective supervision and regulation, and guarantees protection, continues to be improved.
健全司法人员依法履职保护机制,明确法官、检察官依法办理案件不受行政机关、社会团体和个人的干涉。推动省以下地方法院、检察院人财物省级统管,设立最高人民法院巡回法庭和跨行政区划法院、检察院,推进行政案件跨行政区划集中管辖。权责明晰、监管有效、保障有力的司法权运行机制不断完善。
Pressing forward with reform of the criminal litigation system centering on trials. Basic evidence criteria at all stages of criminal litigation have to be made clear to ensure that factual evidence must withstand the test of the law, that innocent people are safeguarded from criminal punishment, and that the guilty ones are brought to justice. "The Opinions on Pushing Forward the Reform of the Criminal Litigation System Centering on Trials" and its implementing rules have been released to accelerate the reform of the criminal litigation system centering on trials, to strictly carry out the principle of assessing penalty by law, evidence-based adjudication and excluding illegally-obtained evidence, to guarantee legalization and justification of trial procedures, and to ensure that trial in court plays a decisive role in investigating facts, confirming evidence, protecting litigants' rights, and impartially adjudicating cases.
推进以审判为中心的刑事诉讼制度改革。明确刑事诉讼各阶段的基本证据标准,做到案件事实证据经得起法律检验,确保无罪的人不受刑事追究,有罪的人受到公正惩罚。发布《关于推进以审判为中心的刑事诉讼制度改革的意见》及其实施意见,推进以审判为中心的刑事诉讼制度改革,严格贯彻罪刑法定、证据裁判、非法证据排除等法律原则,确保审判程序合法化、正当化,保证庭审在查明事实、认定证据、保护诉权、公正裁判中发挥决定性作用。
A mechanism to separate complicated cases from simple ones has been applied to handle each in a distinct way. Since 2014, when the summary proceeding for criminal cases was adopted as trial in 18 cities including Beijing, pilot courts have concluded over 90 percent of cases within ten days of filing, with a rate of appeal of only 2 percent. Trial effectiveness and litigation efficiency have seen considerable improvement, and the rights of litigants have been effectively protected. In addition, the pilot reform of imposing lesser penalties on suspects who admit their guilt and accept punishment has been extended. To increase litigation efficiency, effectively reduce social conflict, and repair social relations as quickly as possible, lesser penalties will be imposed on criminal suspects and defendants who acknowledge their guilt, accept punishment, return ill-gotten gains, or make compensation as per the law.
坚持繁简分流,区别对待,在北京等18个城市开展刑事速裁程序改革试点,从2014年试点以来,试点法院速裁案件超过90%立案后10日内审结,被告人上诉率仅为2%,审判效果和诉讼效率明显提升,当事人权利得到有效保护。在这一试点基础上,进一步开展认罪认罚从宽制度改革试点,对于犯罪嫌疑人、被告人自愿认罪、自愿接受处罚、积极退赃退赔的,依法从宽处理,在提高诉讼效率的同时,有效减少社会对抗,及时修复社会关系。
Guaranteeing individual rights and interests in litigation. People's courts have changed the case filing review system into a case filing register system to put every case on file and review any litigation to completely protect the litigious rights of the parties concerned. Since the adoption of the case register system in May 2015, people's courts have registered and taken up on the spot 95 percent or more of the cases. By September 2017, over 39 million cases had been filed through registration. The Ministry of Public Security has released the "Opinions on Reforming and Improving the System of Accepting and Filing Cases", stipulating that public security organs must accept cases within their jurisdiction reported by people or handed over by superior organs and counterparts, and deal without any prevarication with accusation, seizure and delivery, and voluntary surrender. By June 2017, public security organs at provincial level had released opinions on carrying out reform on accepting and filing cases, and 18 provincial public security organs had set up case management departments to make case acceptance and filing more standardized, effective, convenient, and transparent.
保障人民群众诉讼权益。人民法院改立案审查制为立案登记制,切实做到有案必立、有诉必理,充分保障当事人的诉权。各级法院自2015年5月实施立案登记制以来,当场登记立案率保持在95%以上,截至2017年9月,登记立案数量超过3900万件。公安部发布《关于改革完善受案立案制度的意见》,规定对于群众报案、控告、举报、扭送,违法犯罪嫌疑人投案,以及上级机关交办或者其他机关移送的案件,属于公安机关管辖的,公安机关必须接受,不得推诿。截至2017年6月,全国省级公安机关都已出台受案、立案改革实施意见,18个省级公安机关增设了案管机构,使受案立案工作更加规范、高效、便民、公开。
Abiding by the rules concerning excluding illegally-obtained evidence. In order to regulate investigation and interrogation activities, we need to put in place strict rules concerning excluding illegally-obtained evidence stipulated by the Criminal Procedure Law, further clarify the scope and requirements of interrogation recording for cases subject to audio and video recording, and require that procuratorates and public security organs must have complete real-time audio and video recording when interrogating suspects concerning power abuse, those who might incur life imprisonment or the death penalty, and other suspects of major crimes.
坚持非法证据排除规则。严格落实刑事诉讼法关于非法证据排除规则的规定,进一步明确需要进行录音录像的案件范围、录制要求等,检察机关和公安机关在讯问职务犯罪案件,可能判处无期徒刑、死刑的案件,以及其他重大犯罪案件的嫌疑人时实行全程同步录音录像,规范侦查讯问活动。
Provisions on Several Issues Concerning the Strict Exclusion of Illegally-obtained Evidence in Handling Criminal Cases has been released, further clarifying criteria and exclusion processes for illegally-obtained evidence at all stages of criminal procedure. Evidence collected by means of threat or illegal confinement should be subject to the rules of excluding illegally-obtained evidence. There are rules on exclusion of repeated illegally-obtained evidence, and the defense counsel now has more say in excluding illegally-obtained evidence. The Provisions clarify preliminary review functions of the pretrial conference on legitimacy of collected evidence, exclusion rules concerning illegally-obtained witness testimony, statements of victims and tangible evidence, and the principle of on-court verdict. Since 2013, procuratorates have withheld their approval in the case of 2,624 arrests, and declined to prosecute 870 accused through exclusion of illegally-obtained evidence.
发布实施《关于办理刑事案件严格排除非法证据若干问题的规定》,进一步明确了刑事诉讼各环节非法证据的认定标准和排除程序,将以威胁、非法限制人身自由方法收集的证据纳入非法证据排除规则的适用对象,确立了重复性排除规则,强化了辩护人的非法证据排除权,明确了庭前会议对证据收集是否合法的初步审查功能,明确了非法获取的证人证言和被害人陈述以及实物证据的排除规则和当庭裁决原则。2013年以来,各级检察机关因排除非法证据决定不批捕2624人,不起诉870人。
Preventing and correcting wrongful convictions. The Ministry of Public Security issued the "Notice on Further Strengthening and Improving Law Enforcement to Prevent Miscarriages of Justice" and other documents to reinforce the mechanism and system preventing miscarriages of justice, improve the law enforcement system and case handling criteria, strengthen case scrutiny, and regulate the procedures of assessing, evaluating, rewarding and penalizing law enforcement personnel to prevent miscarriages of justice at source. The Ministry of Justice released the "Opinions on Maximizing the Functions of the Forensic Assessment System to Prevent Miscarriages of Justice" to strengthen all-round forensic assessment management and further regulate such activities. The Supreme People's Procuratorate released "Several Opinions on Effectively Performing Procuratorial Functions to Prevent and Correct Miscarriages of Justice", scrutinizing all activities concerning evidence, procedures and application of laws, improvingthe system of discovery, correction, and prevention of cases of misjudgment, and holding to account those responsible. The Supreme People's Court issued the "Opinions on Establishing and Improving the Working Mechanisms for the Prevention of Miscarriages of Justice in Criminal Cases", stipulating that the defendant should be acquitted in cases of lack of evidence, and no one should be punished without criminal evidence. People's courts at all levels conduct impartial trials in line with fact and law and make corrections when they find wrongful cases. From 2013 to 2017, they corrected 37 wrongful convictions involving 61 people, and acquitted 4,032 defendants as per the law.
防范和纠正冤假错案。公安部发布《关于进一步加强和改进刑事执法办案工作切实防止发生冤假错案的通知》等文件,深化错案预防机制制度建设,完善执法制度和办案标准,强化案件审核把关,规范考评奖惩,从源头上防止冤假错案的发生。司法部发布《关于进一步发挥司法鉴定制度作用防止冤假错案的意见》,全面加强司法鉴定管理,进一步规范司法鉴定活动。最高人民检察院发布《关于切实履行检察职能防止和纠正冤假错案的若干意见》,严把事实关、程序关和法律适用关,健全检察环节错案发现、纠正、防范和责任追究机制。最高人民法院发布《关于建立健全防范刑事冤假错案工作机制的意见》,规定对定罪证据不足的案件应当依法宣告被告人无罪,确保无罪的人不受刑事追究。各级法院依据事实和法律公正审判,并对冤假错案进行依法纠正。2013年至2017年,各级法院纠正重大冤假错案37件61人,共依法宣告4032名被告人无罪。
Protecting lawyers' right to practice. The protection of lawyers' right to practice is essential to protecting the lawful rights and interests of their clients and ensuring proper enforcement of the laws. China has formulated or revised multiple laws, regulations and documents to better respect and guarantee lawyers' right to practice. "The Opinions on Deepening the Reform on the Lawyer System", the Regulations on Guaranteeing Lawyers' Right to Practice by Law, the "Notice on Formulating and Completing Fast Response Mechanism to Safeguard Lawyers' Right to Practice", the "Notice on Further Improving the Work to Guarantee Lawyers' Right to Practice", and the Measures on the Pilot Work to Apply Lawyer Defense to All Criminal Cases have been released, stipulating multiple-level measures to protect lawyers' right to practice, resolve prominent conflicts in the protection of lawyers' rights, and further clarify the duties of relevant departments to protect lawyers' right to practice and the right ofpersons. The Supreme People's Court has opened an online service platform for lawyers. Via this platform, lawyers will be able to file cases, access files, and contact judges. Since 2013, procuratorates at all levels have regulated and corrected 6,542 cases in which lawyers' right to practice were being impeded by state organs and case-handling personnel. By March 2017, rights protection centers had been established in 31 provincial-level lawyers' associations and in most cities with districts, basically covering the whole country. By August 2017, there were more than 330,000 lawyers and over 26,000 law firms across the country. Every year, lawyers handle over 3.3 million lawsuits, more than one million non-litigation legal matters, take on over 500,000 cases of legal aid, offer public legal services in more than 2.3 million cases, and act as legal consultant for more than 500,000 entities.
保障律师执业权利。律师执业权利保障水平,关系到当事人权利能否得到有效维护,关系到法律能否得到准确实施。中国制定或修改了多部法律法规和文件,律师的执业权利正在得到越来越充分的尊重和保障。发布《关于深化律师制度改革的意见》《关于依法保障律师执业权利的规定》《关于建立健全维护律师执业权利快速联动处置机制的通知》《关于进一步做好保障律师执业权利相关工作的通知》《关于开展刑事案件律师辩护全覆盖试点工作的办法》等,对律师执业权利保障规定了多层次的措施,着力解决当前律师权利保障中存在的突出问题,进一步明确了各部门对律师执业权利和人身权利的保障职责。最高人民法院开通律师服务平台,实现网上立案、网上阅卷、联系法官等功能,为律师行使执业权利提供便利条件。2013年以来,各级检察机关监督纠正有关机关及其办案人员阻碍律师依法执业的案件6542件。截至2017年3月,31个省级律师协会维权中心全部建成,大部分设区的市建立了维权中心,基本实现全覆盖。截至2017年8月,律师人数已达33万多人,律师事务所发展到2.6万多家。全国律师每年办理诉讼案件330多万件,办理非诉讼法律事务100多万件,年均承办法律援助案件50多万件,提供公益法律服务230多万件次,担任法律顾问50多万家。
Guaranteeing the legitimate rights and interests of criminal suspects, defendants and prisoners. China has improved the procedures for granting exemptions from or altering of compulsory measures to suspects in custody and defendants, and reduced the application of compulsory measures of custody. Procuratorates at all levels, in accordance with the law, decide not to arrest or prosecute anyone for acts that they do not consider to be a crime or when there is insufficient evidence, and contest the criminal ruling when they believe that there is a real error in accordance with the law. From 2012 to 2016, procuratorial organs across the country recommended release or changes in the compulsory measures in case of 12,552 criminal suspects who did not require further detention. In 2016, procuratorial organs at all levels urged the withdrawal of 10,661 cases that they considered should not have been filed by investigation organs. They scrutinized and corrected 34,230 cases of investigation activities involving obtaining evidence in contravention of the law, and illegally applying compulsory measures. They rejected the arrest of 132,081 suspects and the prosecution of 26,670 accused for acts that did not constitute a crime or where there was insufficient evidence, and they filed 7,185 criminal counter appeals against wrong judgment.
保障犯罪嫌疑人、被告人、服刑人合法权利。完善对在押犯罪嫌疑人、被告人强制措施的解除和变更程序,减少羁押性强制措施适用,各级检察机关对不构成犯罪或证据不足的,依法决定不批捕或不起诉,对认为确有错误的刑事裁判依法提出抗诉。2012年至2016年,全国检察机关对不需要继续羁押的12552名犯罪嫌疑人建议释放或者变更强制措施。2016年,各级检察机关对侦查机关不应当立案而立案的,督促撤案10661件;监督纠正违法取证、违法适用强制措施等侦查活动违法情形34230件;对不构成犯罪或证据不足的,不批准逮捕132081人,不起诉26670人;对认为确有错误的刑事裁判提出抗诉7185件。
The state has improved the conditions of detention and supervision, strengthened the construction and management of detention facilities and prisons, and guaranteed personal safety and other legitimate rights and interests of detainees and prisoners. By June 2017, psychological counseling rooms had been widely established in detention centers in China; 2,501 detention centers had two-way video calling services through the internet for detainees and prisoners, and more than 2,400 detention centers across the country had set up legal aid workstations to provide legal assistance to detainees. As of 2016, all detention centers in the country had set up complaint-handling mechanisms for detainees, and 2,489 detention centers had appointed special supervisors. China has improved the execution of penalties and the institutions of community correction. [Community correction refers to non-imprisonment correction penalty imposed on those whose crimes are relatively minor and who have been sentenced to public surveillance, probation, release on parole, and temporary execution outside prison.] By the end of June 2017, administrative organs of justice around the country had received a total of 3.4 million persons subject to community correction. Of these, 2.7 million had completed their correction, and 700,000 continued their community correction. A total of 2,075 county and district community correction centers have been set up nationwide. There are 25,278 community service bases, 9,373 education bases, 8,272 employment bases, and 687,000 community correction groups in China. The recidivism rate in the case of those assigned to community correction is 0.2 percent.
改善羁押和监管条件,加强看守所和监狱的建设和管理,保障被羁押人、服刑人的人身安全和其他合法权利不受侵犯。截至2017年6月,全国看守所普遍建立被羁押人心理咨询室,有2501个看守所实现留所服刑罪犯互联网双向视频会见;全国2400多个看守所建立了法律援助工作站,为在押人员提供法律帮助。截至2016年,全国看守所均建立了在押人员投诉处理机制,有2489个看守所聘请了特邀监督员。完善刑罚执行制度,健全社区矫正制度。截至2017年6月,各地累计接收社区矫正对象343.6万人,累计解除社区矫正273.6万人,现有社区矫正对象70万人。全国共建立县(区)社区矫正中心2075个。现有社区服务基地25278个,教育基地9373个,就业基地8272个,社区矫正小组68.7万个。社区矫正对象在矫正期间的重新违法犯罪率为0.2%。
Improving the legal assistance system. China has reinforced criminal legal assistance. China has implemented provisions of the Criminal Procedure Law and other relevant laws and regulations on legal assistance. It has established a working mechanism of legal assistance contributing to the settlement of cases involving victim-offender reconciliation and the review of death penalty, and the legal assistance duty counsel system. China has improved the mechanisms for providing legal assistance to applicants, and for public security organs and procuratorates to notify the defendants about the legal assistance. China has improved the pilot mechanism for legal assistance playing a role in summary trial procedures for criminal cases; and provided legal assistance to more criminal litigants in accordance with the law. China has expanded the coverage of civil and administrative legal assistance and gradually included matters closely related to people's life into the scope of legal assistance. China has relaxed the criteria for economic difficulty applying to entitlement to legal assistance, further lowered the threshold for legal assistance, and helped more people in need. China has improved the mechanism of providing convenient legal assistance to the public, striven to achieve full coverage of legal assistance consultancy services, and promoted the standardization of legal assistance. From 2013 to 2016, a total of RMB7.3 billion was used for handling more than 5 million legal assistance cases, helping more than 5.57 million people and providing legal consultancy services in more than 28 million cases.
完善法律援助制度。加强刑事法律援助工作,落实刑事诉讼法及相关配套法规制度关于法律援助范围的规定,建立法律援助参与刑事和解、死刑复核案件办理工作机制和法律援助值班律师制度,健全依申请法律援助工作机制、办案机关通知辩护工作机制及法律援助参与刑事案件速裁程序试点工作机制,依法为更多的刑事诉讼当事人提供法律援助。扩大民事、行政法律援助覆盖面,与民生紧密相关的事项逐步纳入法律援助补充事项范围。放宽经济困难标准,法律援助门槛进一步降低,惠及更多困难群众。完善法律援助便民服务机制,努力实现法律援助咨询服务全覆盖,推进法律援助标准化建设。2013年至2016年,全国法律援助经费总额达到73亿元,共办理法律援助案件500余万件,受援群众超过557万人,提供法律咨询超过2800万人次。
Strengthening criminal judicial protection of juveniles. China has persevered with the principles of education, persuasion, and rehabilitation for juveniles who commit crimes, and implemented the system of sealing juvenile criminal records in cases below five years of fixed-term imprisonment. The Supreme People's Procuratorate has set up a procuratorial work office for juveniles. As of November 2016, 24 provincial procuratorates, 192 municipal procuratorates and 1,024 grassroots procuratorates had set up special procuratorial agencies for minors. The state has promoted the development of juvenile courts, and as of June 2017, there were more than 2,200 juvenile courts and over 7,000 juvenile court judges throughout the country. In recent years, the recidivism rate of juvenile offenders has been held at 1-3 percent. The numbers of juvenile criminals and juvenile criminal cases have been declining as a whole.
强化未成年人刑事司法保护。坚持对犯罪的未成年人实行教育、感化、挽救的方针,实施判处五年有期徒刑以下的未成年人犯罪记录封存等制度。最高人民检察院成立未成年人检察工作办公室,截至2016年11月,全国有24个省级检察院、192个市级检察院、1024个基层检察院成立未成年人检察专门机构。推进少年法庭建设,截至2017年6月,全国共有少年法庭2200余个,少年法庭法官7000多名。近年来,未成年人重新犯罪率基本控制在1%-3%,未成年人罪犯数和犯罪案件数整体呈下降趋势。
Improving the state compensation system and judicial aid system. China has promulgated the Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Regarding Compensation, issued guiding cases on state compensation, improved the procedure of cross-questioning evidence, and standardized compensation for mental suffering. From 2013 to June 2017, courts at all levels heard 20,027 cases involving state compensation. China has strengthened and standardized the work of legal aid, unified the filing of cases, the scope, the procedures and the standards of legal aid, and the supply and the use of funds so as to institutionalize the legal aid system and handle cases qualified for legal aid in a judicial framework. Courts at all levels including the Supreme People's Court have set up legal aid committees. The total amount of aid provided by the central and local governments was RMB2.47 billion in 2014, RMB2.94 billion in 2015 and RMB2.66 billion in 2016, benefiting more than268,000 people.
完善国家赔偿制度和司法救助制度。出台《关于办理刑事赔偿案件适用法律若干问题的解释》,发布国家赔偿指导性案例,完善赔偿案件质证程序,规范精神损害抚慰金裁量标准。2013年至2017年6月,各级法院受理国家赔偿案件20027件。加强和规范国家救助工作,统一案件受理、救助范围、救助程序、救助标准、经费保障、资金方法,实现“救助制度法治化、救助案件司法化”。最高人民法院设立司法救助委员会,各级法院也相继成立司法救助委员会。2014年、2015年、2016年,中央与地方安排的救助资金总额分别为24.7亿元、29.4亿元、26.6亿元,共有26.8万余名当事人得到司法救助。
Effectively resolving difficulties in the execution of court rulings. China has established a command system and an online check and control system about the execution of court rulings by all people's courts. It has improved an integrated punishment system on loss of credit, and issued judicial interpretations and normative documents on online judicial auctions and other issues related to the execution of court rulings, thus significantly improving the quality and efficiency of execution. China has promulgated Opinions on Establishment of a Mechanism of Credit Supervision, Warning and Punishment over People Found to Have Lost Their Credit by the Court, which stipulated 37 measures to punish diehard debtors. It has improved the work mechanism for execution, including advance execution, and effectively alleviated difficulties of the parties involved. The state has carried out special and concentrated actions concerning cases related to people's daily lives and focused on nine types of such cases, including the recovery of wages due, the wages of migrant workers, and alimony and support payments. In 2016, courts across the country heard a total of 6.1 million applications for execution, of which 5 million were concluded. This was an increase of more than 30 percent over 2015. They involved sums amounting to RMB1.5 trillion, an increase of 50 percent over 2015.
有效破解“执行难”。建立并运行覆盖全国法院的执行指挥系统和网络执行查控系统,健全联合信用惩戒体系,出台网络司法拍卖等涉执行司法解释和规范文件,案件执行质效显著提升。发布《关于加快推进失信被执行人信用监督、警示和惩戒机制建设的意见》,规定37项惩治“老赖”措施。完善包括先予执行在内的执行工作机制,切实有效缓解当事人困难。开展涉民生案件专项集中执行活动,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。2016年,全国法院共受理执行案件614.9万件,执结507.9万件,同比上升均超过三成;执行到位金额1.5万亿元,同比增加五成以上。
Vigorously promoting judicial openness. The people's courts have built four major platforms for releasing information on judicial process, trials, written judgments, and the execution of judgments. By October 16, 2017, China Judicial Process Information Online had released 833,000 items of information about the cases and received 2.5 million visits. As of November 3, 2017, courts at all levels had broadcast 404,000 live trials online through Chinacourt.org, attracting more than 3 billion visits. A total of 3,187 courts – 90.43 percent of all courts in China – have access to Chinacourt.org. China Judgments Online was launched in July 2013. As of November 3, 2017, it had released 36 million copies of written judgments and received 11.4 billion visits from more than 210 countries and regions. As of September 30, 2017, China Law Enforcement Information Online had revealed the identities of people who had been subjected to execution of court rulings in a total of 8.61 million civil cases, and more than 45 million pieces of information about these defendants. The people's procuratorates have established a case information disclosure system and four major platforms for information services concerning trial procedures, the disclosure of legal documents, release of information on major cases, and the application for defense and legal representatives. In addition, full information was made available to the public on criminal cases involving the offering of bribes. Public hearing was adopted in criminal litigation cases. China has released the "Opinions on Further Opening Prison Affairs," creating new open channels, expanding scope of release of information, and releasing decisions in accordance with the law on commutation of sentences, petitions for parole, and execution of sentences outside prison.
大力推进司法公开。人民法院建设审判流程公开、庭审活动公开、裁判文书公开、执行信息公开四大平台。截至2017年10月16日,中国审判流程信息公开网累计公开案件信息项83.3万项,访问量达253万次;截至2017年11月3日,各级法院通过中国庭审公开网直播庭审40.4万件,观看量达到30.1亿人次,全国共有3187家法院接入中国庭审公开网,覆盖率达90.43%;2013年7月,中国裁判文书网上线,截至2017年11月3日,公开裁判文书3634万份,访问量114亿次,访问范围覆盖210多个国家和地区;截至2017年9月30日,中国执行信息公开网累计公布失信被执行人861万人次,被执行人信息4509万条。检察机关建成案件信息公开系统,运行案件程序性信息查询、法律文书公开、重要案件信息发布和辩护与代理预约申请等四大平台,全面落实行贿犯罪档案公开查询,推行刑事诉讼案件公开听证。发布《关于进一步深化狱务公开的意见》,创新公开方式,深化公开内容,依法公开罪犯减刑、假释提请建议和暂予监外执行决定。
Improving the system of people's jurors and supervisors. "The Pilot Program to Reform the People's Jurors System" and the "Program for Furthering Reform of the People's Supervisors System" have been issued to reform measures on the selection and appointment of people's jurors and supervisors, expand the scope of cases that involve people's jurors and supervisors so as to give full play to their role. In 2016, people's jurors participated in the trial of more than 3 million cases. Pilot projects on reform of the people's supervisor system have continued. As of June 2017, over 21,000 people's supervisors had been appointed. Procuratorial organs at all levels have organized the supervision of cases, improved the procedures for supervision and appraisal, set up accounts for abuse-of-power cases, and established conference rooms to be exclusively used for hearing opinions of people's supervisors. From September 2014 to July 2017, 7,491 cases handled by the procuratorates were supervised and appraisedby the people's supervisors. Of the 247 cases in which people's supervisors gave opinions at variance with the preliminary decisions of procuratorial organs, 76 cases, or about 31 percent, were ruled in favor of the opinions of the people's supervisors.
完善人民陪审员、人民监督员制度。发布《人民陪审员制度改革试点方案》和《深化人民监督员制度改革方案》,改革选任办法,扩大陪审案件、监督案件的范围,充分发挥人民陪审员、人民监督员作用。2016年,全国人民陪审员共参审案件306.6万件。人民监督员制度改革试点深入推进,截至2017年6月,共选任人民监督员2.1万余人。全国各级检察机关积极组织案件监督,完善监督评议程序,建立职务犯罪案件台账,建设人民监督员评议厅。2014年9月到2017年7月,各级检察机关接受人民监督员监督评议的案件共7491件,监督评议后人民监督员不同意检察机关拟处理意见的247件,检察机关采纳76件,采纳率30.8%。
Applying modern science and technology to the legal process. To adapt to the developing internet industry, China has established internet courts. It is promoting the "smart court" in an all-round way, using information network technologies such as big data and cloud computing to standardize the management and statistical analysis of all types of trial information, to standardize criteria for judgment, especially concerning evidence in criminal cases, to promote consistent rulings in similar cases, to prevent and correct miscarriages of justice, and to ensure that all parties involved will obtain a fair trial. China has promoted "internet + litigation service" and launched convenient judicial services such as online filing, online mediation, remote court trial, electronic delivery, and online public disclosure. China has launched www.faxin.cn, a digital network service platform on the application of Chinese law, which aims to provide judges and lawyers with services such as legal document retrieval, professional solutions, and case analysis, to enhance the quality and efficiency of judgments, to make legal standards and judgment rules available to the general public, and to further meet the diverse legal needs of different subjects.
运用现代科技促进公正审判。适应互联网业态发展,设立互联网法院。“智慧法院”建设全面推进,运用大数据、云计算等信息网络技术对各类审判信息资源进行规范化管理和统计分析,统一裁判尺度特别是刑事证据标准,促进类案同判和量刑规范化,防范冤假错案发生,保障当事人获得公正审判。推进“互联网+诉讼服务”建设,开展网上立案、在线调解、远程庭审、电子送达、网上公开等司法便民服务措施。开通“法信——中国法律应用数字网络服务平台”,为法官、律师提供法律文件检索、专业知识解决方案、类案剖析等服务,提升审判质量和效率,并向社会大众提供法律规范和裁判规则参考,进一步满足不同主体的多元司法需求。
重点单词   查看全部解释    
implementation [.implimen'teiʃən]
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n. 落实,履行,安装启用
 
embody [im'bɔdi]
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vt. 代表,使具体化,包含,使(精神)肉体化
联想记忆
interpretation [in.tə:pri'teiʃən]
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n. 解释,阐释,翻译,(艺术的)演绎
 
conduct [kən'dʌkt]
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n. 行为,举动,品行
v. 引导,指挥,管理
联想记忆
recording [ri'kɔ:diŋ]
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n. 录音 动词record的现在分词
联想记忆
appraisal [ə'preizəl]
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n. 估计,评估
联想记忆
innocent ['inəsnt]
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adj. 清白的,无辜的,无害的,天真纯洁的,无知的
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prosecute ['prɔsikju:t]
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vt. 对 ... 提起公诉,彻底进行,追捕,经营,从事
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organized ['ɔ:gənaiz]
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v. 组织
 
standardize ['stændədaiz]
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v. 标准化,使合于标准
 

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