Full text: New Progress in the Legal Protection of Human Rights in China (9)

Respect for and protection of human rights has been incorporated in the basic strategy of the rule of law. At the 18th National Congress, the CPC decided to "step up efforts to build a socialist country based on the rule of law" and made it clear that achieving the goal that "human rights are fully respected and protected" was an important part of building a moderately prosperous society in all respects. At the Third Plenary Session of the 18th Central Committee, the CPC decided to "promote the rule of law in the country" and emphasized the need to "improve the judicial system to protect human rights". At the Fourth Plenary Session of the 18th Central Committee, the CPC adopted the "Resolution of the Central Committee of the Communist Party of China on Major Issues Concerning Advancing the All-round Law-based Governance". This resolution put forward 190 measures in the areas of sound lawmaking, strict law enforcement, impartial administration of justice, and common observance of the law. It also provides for:

building a capable workforce dedicated to developing the rule of law;

strengthening and improving the Party's leadership over efforts to advance the all-round law-based governance of the country;

creating an overall plan for developing a system of socialist rule of law with Chinese characteristics;

building a country of socialist rule of law, and

completing specific tasks to provide "stronger judicial protection of human rights."

As stated by the central leadership at the 19th CPC National Congress, to ensure that the people enjoy extensive rights and freedoms as prescribed by law we must:

exercise Party leadership at every point in the process and over every dimension of law-based governance;

combine law-based governance of the country and rule-based governance of the Party;

set up a central leading group for advancing law-based governance in all areas to exercise unified leadership over the task of building the rule of law in China;

uphold the unity, sanctity, and authority of China's legal system, and strengthen legal protection of human rights, and

ensure that people enjoy legitimate rights and freedoms.

Law-based governance of the country and rule-based governance of the Party have both been upheld. Rule of law is fundamental to the governance of a country. The CPC has:

upheld the basic strategy of rule of law with the basic practice of law-based governance;

exercised overall leadership;

coordinated all efforts so as to ensure that people's congresses, governments, committees of the Chinese People's Political Consultative Conference, courts, and procuratorates all perform their duties and carry out their work in accordance with the law and their charters;

worked to ensure that it leads the people in enacting and enforcing the Constitution and the laws, and

operated within the confines of the Constitution and the law itself.

The CPC issued the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Party Leadership over Legislation", requiring that drafting of laws and regulations on politics and other major areas of the economy and society must be deliberated by the CPC Central Committee, or the Party committee or Party leadership group at the same level. Reflecting the need to better define its leadership over legislation and make it more institutional, procedure-based and democratic, the CPC also emphasized the significance and importance of following principles of democratic decision-making and collective leadership, and deciding major legislative issues through collective deliberation. Since the 18th CPC National Congress, the Political Bureau of the CPC Central Committee has organized group study sessions on the rule of law. It requires that Party officials must take the lead in respecting, studying, observing, and applying the law. In addition, Party committees at all levels must ensure training in the rule of law, improve the system for studying the law, and promote awareness of the law among officials. Officials at all levels should develop their ability to think and act based on law, work to reach consensus on reform, promote procedure-based development, resolve conflict, and safeguard social harmony in accordance with the law. Since the 18th National Congress, the CPC has made or revised some key regulations of iconic significance, including the "Guiding Principles for Political Activities Within the Party in the New Era" and the "Regulations of the Communist Party of China on Internal Scrutiny", gradually forming a system that consists of the Party Constitution, guiding principles, regulations, measures, and implementing rules. The CPC has also reviewed and reorganized its internal regulations and normative documents dating from the founding of the PRC in October 1949 to June 2012. Among 1,178 such regulations and documents, 369 were declared invalid, 322 were abolished, and 487 are still in effect.

The court and the procuratorate must exercise their power independently and impartially in accordance with the law. "The Resolution of the Central Committee of the Communist Party of China on Major Issues Concerning Advancing the All-round Law-based Governance" states that we should improve the system for ensuring the law-based, independent, and impartial exercise of judicial and procuratorial powers, and that Party and government agencies and officials at all levels should support courts and procuratorates in exercising their powers independently and impartially in accordance with the law. The CPC issued the "Regulations on Recording, Circular of Criticism and Accountability of Intervening in Judicial Activities and in Handling of Specific Cases by Officials" which stipulates that all such interventions must be recorded, officials accused of interventions must be criticized in the form of circular, and officials whose interventions have had consequences should be held accountable. In so doing, the CPC has ensured that the courts and procuratorates exercise their power independently and impartially in accordance with the law. (more)