Assessment Report on the National Human Rights Action Plan of China (2009-2010)

Updated: 2011-07-14 14:22

(Xinhua)

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(3) The right to impartial trials

Litigants' right to impartial trials has been guaranteed. The Supreme People's Court formulated Some Regulations on the Audio and Video Recording of Court Trials, which stipulates that litigants may consult and copy the audio and video records of their own court trials with the approval of the people's court. So far, courts in Beijing, Shanghai, and Shandong practice simultaneous audio and video recording of their trials. In September 2010 the Supreme People's Court promulgated the Guiding Opinions on Sentencing by the People's Courts (for trial implementation), and issued jointly with related departments the Opinions on Some Issues Concerning the Regulation of Sentence Procedures (for trial implementation). Since October 2010 courts at all levels throughout the country have been implementing the regulatory reform of sentencing on a trial basis. They have regulated the use of discretionary power in criminal cases, and unified the sentencing standards for 15 common crimes. Cases of these 15 crimes now account for about 90 percent of the total number of criminal cases handled by grassroots courts.

Court trials are fully publicized. In the past two years, to guarantee citizens' right of access to information about court trials, the Supreme People's Court formulated the Six Regulations on Judicial Openness, and Some Regulations on Subjecting the People's Courts to the Supervision by News Media and Public Opinion. People's courts at all levels throughout the country have established case reception halls and publicized the information about the opening of court sessions and judicial aid; set up lawsuit information desks and opened up related hotlines; installed a network information inquiry system of court trials and information management system of law-enforcement cases to facilitate litigants' access to relevant information. At present, most higher people's courts, 97 intermediate people's courts and 472 grassroots people's courts release court rulings and decisions on the Internet.

The system of people's jury has been improved. In the past two years, the Supreme People's Court has formulated the Regulations on Some Issues Concerning People's Jurors' Participation in Court Trials and Some Opinions on Further Strengthening and Advancing the Work of People's Juries. In 2009 and 2010 people's jurors participated in the trial of 1.544 million cases, accounting for 32.44 percent of cases handled with common procedure by grassroots courts. Courts at all levels have expanded the scope of selecting people's jurors. The number of people's jurors throughout the country is approximately 80,000.

Lawyers' professional rights have been further guaranteed. Since 2009 related departments have been promoting the revision and abolition of regulations and regulatory documents that are inconsistent with the Lawyers Law. Measures for the Administration of the Practicing Licenses of Lawyers and Law Firms, Rules on the Annual Assessment of Lawyers' Practice of Law (for trial implementation), and other regulations and codes of professional conduct have been promulgated. The Ministry of Justice is now working with related departments on drafting the Regulations on Guaranteeing Lawyers' Professional Rights in Criminal Litigation, placing the emphasis on solving lawyers' difficulties in meeting criminal suspects, in reviewing the files of persons in custody, and in conducting investigations and collecting evidence.

The state compensation system has been improved. In April 2010 the Standing Committee of the National People's Congress discussed and approved the Decision on Revising the Law of the People's Republic of China on State Compensation. The Decision further smoothes the channels for claiming state compensation, improves the compensation procedures, clarifies the scope and standards of compensation, and straightens out the compensation management and payment mechanism. To ensure the effective implementation of the State Compensation Law, related departments have formulated and revised relevant administrative laws and regulations, and judicial interpretations. In the last two years people's courts at all levels have adjudicated 2,950 cases of claiming state compensation, among which the decision to compensate was made in 805 cases, involving a total amount of 71.709 million yuan. In March 2009 the Supreme People's Court and the Supreme People's Procuratorate jointly issued Some Opinions on Carrying Out Relief Work for Crime Victims. In addition, people's courts have expanded the scope of judicial aid and approved the reduction, deferral or exemption of litigation fees in 547,000 cases.

(4) Freedom of religious belief

Normal religious activities are protected by law. In the past two years the State Administration for Religious Affairs promulgated the Measures for the Administration of Tibetan Buddhist Temples, and the Decision on Revising the Rules for the Implementation of the Regulations on the Administration of Religious Activities of Foreigners Within the Territory of the People's Republic of China. It jointly issued the Opinions on Properly Solving Social Security Issues Concerning Religious Personnel with related departments, and formulated the Regulations of the State Administration for Religious Affairs on Procedures for Handling Administrative Reconsideration Cases and other regulations and systems. The state supports the improvement of the working and teaching conditions of national religious organizations, and some religious colleges and institutes. The new building of the Chinese Academy of Taoism and the Taoist Association of China had been basically completed by the end of 2010. The state provides financial support for believers in Islam to make pilgrimages, and for the building of religious colleges, institutes and societies such as Sichuan Catholic Seminary and Central-South Catholic Seminary, as well as the training of their religious personnel. The state has invested nearly 600 million yuan in the preservation and maintenance of major religious temples, including the Samye, Trandruk and Tashilhunpo monasteries in Tibet, and Ili's Shaanxi Grand Mosque and Kashgar's Id Kah Mosque in the Xinjiang Uygur Autonomous Region.