九、推进法治中国建设 IX.
Promoting the Rule of Law
建设法治中国，必须坚持依法治国、依法执政、依法行政共同推进，坚持法治国家、法治政府、法治社会一体建设。深化司法体制改革，加快建设公正高效权威的社会主义司法制度，维护人民权益，让人民群众在每一个司法案件中都感受到公平正义。
To build a China under the rule
of law, we must uphold the unity of the rule of law, law-based government and
law-based administration, and the integral development of a law-based country,
government and society as a whole. We will deepen reform of the judicial
system, accelerate the building of a just, efficient and authoritative
socialist judicial system to safeguard the people’s rights and interests, and
ensure that the people are satisfied with the equality and justice in every
court verdict.
（30）维护宪法法律权威。宪法是保证党和国家兴旺发达、长治久安的根本法，具有最高权威。要进一步健全宪法实施监督机制和程序，把全面贯彻实施宪法提高到一个新水平。建立健全全社会忠于、遵守、维护、运用宪法法律的制度。坚持法律面前人人平等，任何组织或者个人都不得有超越宪法法律的特权，一切违反宪法法律的行为都必须予以追究。
30. Protecting the authority of
the Constitution and laws. The Constitution
is the fundamental law guaranteeing the flourishing of the Party and
long-term peace and stability of the country, and it has the supreme authority.
We will further improve the supervision mechanism and procedure for the
implementation of the Constitution
and raise to a new level the comprehensive implementation of the Constitution.
We will establish and improve the system within which the whole society is
loyal to, abides by, upholds and applies the Constitution and laws. We will
uphold the principle that everyone is equal before the law, and no organization
or individual has the privilege of overstepping the Constitution and laws; all acts in violation of the Constitution
and laws must be investigated.
普遍建立法律顾问制度。完善规范性文件、重大决策合法性审查机制。建立科学的法治建设指标体系和考核标准。健全法规、规章、规范性文件备案审查制度。健全社会普法教育机制，增强全民法治观念。逐步增加有地方立法权的较大的市数量。
We will establish a system of
legal counsel universally, improve the review mechanisms concerning normative
documents and major decisions, set up a scientific indicator system and
assessment standard for legal system building, and improve review mechanisms
concerning laws, regulations and normative documents. We will improve the law
education mechanism and raise the public’s awareness of the rule of law. We
will gradually increase the number of major cities which have the right to make
regulations.
（31）深化行政执法体制改革。整合执法主体，相对集中执法权，推进综合执法，着力解决权责交叉、多头执法问题，建立权责统一、权威高效的行政执法体制。减少行政执法层级，加强食品药品、安全生产、环境保护、劳动保障、海域海岛等重点领域基层执法力量。理顺城管执法体制，提高执法和服务水平。
31. Deepening reform of the
administrative law-enforcement system. We will integrate major law-enforcement
bodies, relatively centralize the law-enforcement power, press ahead with
comprehensive law enforcement, and do our best to resolve problems such as
overlapping functions and duplicate law enforcement to establish an
authoritative and efficient administrative law-enforcement system with the
integration of power and responsibility. We will reduce the hierarchy of
administrative law enforcement, and allocate more law-enforcement resources to
the primary level in such key areas as foodstuffs and medicines, production safety,
environmental protection, labor security, and coastal areas and islands. We
will straighten out the urban management law enforcement system, and improve
the level of law-enforcement and service quality.
完善行政执法程序，规范执法自由裁量权，加强对行政执法的监督，全面落实行政执法责任制和执法经费由财政保障制度，做到严格规范公正文明执法。完善行政执法与刑事司法衔接机制。
We will improve the procedure of
administrative law enforcement, specify areas of discretion, strengthen
supervision over administrative law enforcement, and comprehensively implement
the responsibility system as well as government funding for administrative law
enforcement, in order to promote strict, standardized, fair and civilized law
enforcement. We will improve the mechanism that dovetails administrative law
enforcement and criminal justice.
（32）确保依法独立公正行使审判权检察权。改革司法管理体制，推动省以下地方法院、检察院人财物统一管理，探索建立与行政区划适当分离的司法管辖制度，保证国家法律统一正确实施。
32. Ensuring the independent
exercise of the judicial and procuratorial power in accordance with the law. We
will reform the judicial administration system, unify the management of staffs,
funds and properties of courts and procuratorates below the provincial level
and explore ways to establish a judicial jurisdiction system that is
appropriately separated from the administrative divisions to ensure that the
state laws are enforced properly and uniformly.
建立符合职业特点的司法人员管理制度，健全法官、检察官、人民警察统一招录、有序交流、逐级遴选机制，完善司法人员分类管理制度，健全法官、检察官、人民警察职业保障制度。
We will establish a judicial
personnel management system fitting their professional characteristics, improve
the system for unified recruitment, orderly exchange and level-by-level
promotion of judges, procurators and the police, improve the classified
management system of legal personnel, and guarantee the job security of judges,
procurators and the police.
（33）健全司法权力运行机制。优化司法职权配置，健全司法权力分工负责、互相配合、互相制约机制，加强和规范对司法活动的法律监督和社会监督。
33. Improving the mechanism for
the use of judicial power. We will optimize the distribution of judicial
functions and powers, improve the system of judicial power division,
coordination, checks and balances, and strengthen and standardize the legal and
social supervision over judicial activities.
改革审判委员会制度，完善主审法官、合议庭办案责任制，让审理者裁判、由裁判者负责。明确各级法院职能定位，规范上下级法院审级监督关系。
We will reform the judicial
committee system, improve the responsibility system of handling cases by the
presiding judge and the collegiate bench, by which the judges hand down
verdicts and the collegiate bench is responsible for carrying them out. We will
clarify the functions of the courts at all levels, and standardize their
supervision through the judicial hierarchy.
推进审判公开、检务公开，录制并保留全程庭审资料。增强法律文书说理性，推动公开法院生效裁判文书。严格规范减刑、假释、保外就医程序，强化监督制度。广泛实行人民陪审员、人民监督员制度，拓宽人民群众有序参与司法渠道。
We will have more open trials,
make the procuratorial work more transparent, and record and keep all court
files. We will increase the persuasiveness of legal instruments and press ahead
with publicizing court ruling documents that have come into effect. We must
strictly regulate the procedures of sentence commuting, release on parole and
medical parole, thereby enhancing the supervision system. We will extensively
implement the people’s assessor system and people’s supervisor system to expand
channels for the people to participate in legal affairs.
（34）完善人权司法保障制度。国家尊重和保障人权。进一步规范查封、扣押、冻结、处理涉案财物的司法程序。健全错案防止、纠正、责任追究机制，严禁刑讯逼供、体罚虐待，严格实行非法证据排除规则。逐步减少适用死刑罪名。
34. Improving the judicial system
to protect human rights. The state respects and protects human rights. We will
further standardize the legal procedures for sealing, sequestering, freezing
and confiscating properties involved in a legal case. We will improve the
mechanism for preventing and correcting wrong cases and the accountability
system, prohibit extorting confession by torture, corporal punishment and
maltreatment, and strictly implement rules that illegal evidences are not
adopted. We will gradually reduce the number of charges that could lead to the
death penalty.
废止劳动教养制度，完善对违法犯罪行为的惩治和矫正法律，健全社区矫正制度。
We will abolish Laojiao, or re-education through labor,
improve laws for the punishment and correction of unlawful and criminal acts,
and perfect the community correction system.
健全国家司法救助制度，完善法律援助制度。完善律师执业权利保障机制和违法违规执业惩戒制度，加强职业道德建设，发挥律师在依法维护公民和法人合法权益方面的重要作用。
We will improve the national
judicial relief and legal aid system. We will improve the mechanism for
protecting lawyers’ rights to practice while punishing illegal practice,
strengthen professional ethics and give full play to the important role of
lawyers in safeguarding the legitimate rights and interests of citizens and
legal persons in accordance with the law. |
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