New Progress in the Judicial Protection of Human Rights in China

The State Council Information Office of the People's Republic of China

September 2016

Contents

Foreword

I. Strengthen the Mechanism of Judicial Protection of Human Rights

II. Further Improve the Legal Guarantee Procedure of Human Rights

III. Enhance Judicial Protection of Human Rights

IV. Safeguard the Legitimate Rights and Interests of Detainees

Foreword

Respecting and protecting human rights is a constitutional principle in China. It also reflects the will and pursuit of the Communist Party of China (CPC), the Chinese government and the Chinese people. The judiciary is the last line of defense to safeguard social fairness and justice, and judicial protection of human rights is an important part of human rights progress in a country. In recent years, especially since the 18th National Congress of the CPC, China has upheld the dominant position of the people, taking a people-first approach and ensuring that the people are the masters of the nation. The state strives to ensure the rights of the people, fully protects their interests, and promotes legislature based on rational analysis, strict law enforcement, judicial justice, and observance of the law by all citizens. Progress has been made in modernizing the system and capacity of state governance. China has effectively protected the people's rights and freedoms in an extensive array of fields in accordance with the law, while its people duly fulfill their obligations.

As China enhances the rule of law in all respects, new progress has been made in human rights protection in the field of justice. The reform of the judiciary has been driven to a deeper level, with improvements in the allocation of judicial powers and responsibilities, judicial accountability and opening-up, and the protection of lawyers' right to practice their profession. Channels of public participation in justice have been expanded, and the judicial protection of human rights has been improved. China has implemented a case-filing register system, revamped and improved its litigation system, and strictly enforced principles of legality, in dubio pro reo, exclusion of unlawful evidence. The state is resolute in preventing and correcting miscarriages of justice, and the procedures for protecting human rights in judicial practice have been raised to higher standards. The judiciary exercises its power independently and impartially in accordance with the law, leading to strengthened public credibility. Further efforts have been made in terms of state compensation and legal aid. Judicial fairness and justice is safeguarded, and citizens' rights are effectively protected. Crime suspects, defendants and criminals are treated in a more civilized manner, punishments are meted out in a more standardized way, and the personal dignity, safety, and legal property of detainees are all well protected, as are their rights of appeal, accusation, and impeachment.

There is no end to mankind's pursuit of progress. There is still much room for improvement for the rule of law in China. Strengthening judicial protection of human rights will continue to be a major task in implementing the rule of law. China will proceed from its prevailing reality, learn from the achievements of other countries regarding the rule of law, enhance judicial protection of human rights, safeguard social fairness and justice, and implement the rule of law in all respects.