国家人权行动计划（2012-2015年）·第二部分（中英对照）

二、公民权利和政治权利<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

II. Civil and Political Rights

努力发展社会主义民主政治，完善社会主义法治，扩大公民有序政治参与，全面保障公民权利和政治权利。

China endeavors to develop socialist democracy, improve the socialist rule of law, expand the orderly political participation of citizens and guaranteeing people’s civil and political rights in an all-round way.

    （一）人身权利

(1) Rights of the person

在刑事诉讼和执法工作中，依法保障公民的人身权利。

All rights of the person are guaranteed by law in lawsuits and law enforcement.

——实施刑事诉讼法。调整和细化逮捕、取保候审、监视居住等强制措施的适用条件和管理规定，增加可操作性。

-- Criminal Procedure Law will be implemented. The applicable conditions and management stipulations for the adoption of such compulsory measures as arrest, release on bail pending trial and residential surveillance will be adjusted and specified in greater detail.

——依法保障犯罪嫌疑人的各项诉讼权利。依法及时告知犯罪嫌疑人诉讼权利义务，积极为律师在侦查阶段参与刑事诉讼创造条件。

-- All rights of the suspects in lawsuits will be guaranteed by law. The suspects will be informed of their rights and obligations in a timely fashion in accordance with the law, and conditions will be created actively for lawyers to get involved in a lawsuit from the stage of criminal investigation.

——强化对刑讯逼供的预防和救济措施。严禁刑讯逼供和以其他非法方法收集证据，不得强迫任何人证实自己有罪。

-- Preventive and remedial measures against extortion of confession by torture and collecting evidence through other illegal methods will be enforced; and no one will be forced to prove himself or herself guilty.

——人民检察院在审查逮捕阶段应注重听取犯罪嫌疑人的申辩。有线索或者证据表明侦查活动可能存在刑讯逼供、暴力取证等重大违法行为的，检察人员应当讯问犯罪嫌疑人。犯罪嫌疑人要求讯问的，也应当讯问。

-- The people’s procuratorates will pay greater heed to the self-defense of criminal suspects at the stage of approval for arrest. Procurators themselves should interrogate suspects when there are clues or evidences that prove the possibility of such serious violations of law as extortion of confession and collecting evidence through the use of force. If the criminal suspects request such an interrogation, the procurators should do so as required.

——在刑事诉讼程序中完善听取律师意见的相关机制。犯罪嫌疑人委托的律师提出不构成犯罪、无逮捕必要、不适宜羁押、侦查活动有违法犯罪情形等书面意见及证据材料的，检察人员应当认真审查。必要时，可以当面听取律师的意见。对律师提出的意见及证据材料，应当在审查逮捕意见书中说明是否采纳的情况和理由。

-- Relevant mechanisms to facilitate the work of lawyers during criminal proceedings will be improved. When defense lawyers proffer written materials and evidence maintaining that no crime has been committed, an arrest is unnecessary, or the suspect should not be detained, or there have been violations of law in the investigation, the procurators must examine them seriously. When necessary, procurators may consult lawyers in person. The procurators should state clearly in the arrest warrant whether they are going to accept the lawyer’s opinions and evidences and their reasons for doing so.

——逐步实施对公安机关执法办案场所的规范化改造。严格执行《公安机关执法办案场所设置规范》，将办案区域与其他区域物理隔离，按照办案流程设置办案区各功能室，并安装全程录音录像和视频监控系统，实时、动态监督管理执法办案全过程，防止侵犯公民合法权益。

-- The venues of law enforcement and case investigation by public security organs will be transformed according to defined standards step by step. The Standards for Venues of Law Enforcement and Case Investigation of Public Security Organs will be implemented strictly. Case investigation areas must be separated physically from other areas, and the function rooms of the case investigation areas will be established in line with the procedures of case investigation, where permanent sound and video recording as well as video surveillance systems will be installed for real-time monitoring and control over the whole course of law enforcement and investigation to prevent any violation of the legitimate rights and interests of citizens.

——依法扩大缓刑制度和社区矫正的适用范围。适当减少监禁刑的适用，明确适用非监禁刑案件的范围。完善社区矫正法律制度，丰富社区矫正、教育矫正和帮困扶助措施。

-- The scope of application of the system of probationary suspension and community correction according to law will be expanded, appropriately reducing the application of imprisonment and clearly defining the scope of non-imprisonment punishment; improving the system of community-based correction, and enriching the contents of community-based correction, correction by education and measures to aid convicts in financial difficulties.

——加大查处国家机关工作人员利用职权实施的非法拘禁等侵犯公民人身权利犯罪的力度。

-- Strengthening efforts in investigation and punishment of cases committed by state functionaries involving violations of a citizen’s personal rights such as illegal detention by taking advantage of their functions and powers.