Full text: New Progress in the Legal Protection of Human Rights in China (7)

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.

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.

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 appraised by 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.

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.

IV. Consolidating Social Mechanisms for Legal Protection of Human Rights

A society under the rule of law serves as a social mechanism for

legal protection of human rights. Since the 18th CPC National Congress, China has endeavored to raise public awareness of the rule of law and comprehensively govern the country by the rule of law, in order to create a conducive social environment for legal protection of human rights.

Strengthening officials' awareness of the rule of law and the responsibility for the protection of human rights. All officials elected or appointed by people's congresses at all levels and by standing committees of people's congresses at county level or above, and all officials appointed by people's governments, people's courts and people's procuratorates at all levels should, when assuming office, take an oath on the Constitution in public in order to encourage and inspire them to be loyal to, stick to and safeguard the Constitution and enhance the enforcement of the Constitution. The Regulations on the Duties and Responsibilities of Top Leaders of the Party and Government as the Principal Persons Liable for Implementing the Rule of Law has been released. The regulations stipulate that Party secretaries and government heads at or above county level shall be the first to be held accountable in promoting the rule of law, and that fulfillment of such duties is among the key indicators in the official performance evaluation system. "The Opinions on Improving the System of Study and Use of the Law of Staff Members in State Organs" has been released, stipulating that obedience to law and action in accordance with the law serve as important criteria for the performance of officials. A practice of studying the law with Party committees or Party leadership groups has been formed across the country. The rule of law has become an essential component of official appointment and promotion training, as well as a compulsory course in Party schools and official training schools at all levels. Human rights knowledge is a common element of the curriculum. The Information Office of the State Council and national human rights education and training bases have convened multiple training classes on human rights for officials, to disseminate information and increase awareness of the subject. (more)