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【CATTI备考】中国共产党尊重保障人权的理念和实践吹风会

国新办 2021-07-05 141次

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国务院新闻办新闻局副局长、新闻发言人寿小丽:

Shou Xiaoli:

女士们、先生们,大家下午好。今天国务院新闻办公室发表了《中国共产党尊重和保障人权的伟大实践》白皮书,我们今天在此举行吹风会,就中国共产党尊重保障人权的理念和实践介绍有关情况,并回答大家感兴趣的问题。出席今天吹风会的有:中国人权研究会秘书长、吉林大学法学院教授鲁广锦先生,最高人民法院研究室一级巡视员李晓女士,吉林大学法学院院长人权研究中心执行主任何志鹏先生,武汉大学人权研究院执行院长张万洪先生。

Ladies and gentlemen, good afternoon. Today, the State Council Information Office (SCIO) released a white paper titled "The Communist Party of China and Human Rights Protection – A 100-Year Quest." We are holding a briefing here today to introduce relevant information on the CPC's philosophy and practice of respecting and safeguarding human rights. We will also take questions. Today, we are joined by Mr. Lu Guangjin, secretary-general of the China Society for Human Rights Studies and professor at the School of Law of Jilin University; Ms. Li Xiao, first-level inspector of the Research Office of the Supreme People's Court; Mr. He Zhipeng, dean of the School of Law of Jilin University and director of Jilin University Human Rights Center; and Mr. Zhang Wanhong, executive dean of the Institute of Human Rights of Wuhan University.

下面,首先请鲁广锦先生作介绍。

Next, I will give the floor to Mr. Lu.

中国人权研究会秘书长、吉林大学法学院教授鲁广锦:

Lu Guangjin:

各位记者朋友,大家下午好!

Friends from the media, good afternoon!

今天上午,国务院新闻办公室发布了《中国共产党尊重和保障人权的伟大实践》白皮书,系统阐释中国共产党成立100年来尊重和保障人权的成就。我想,在中国共产党即将迎来百年华诞之际,发布这样一部白皮书,对于国际社会全面立体了解中国共产党,系统了解中国的人权发展逻辑,进而更加全面了解中国,具有特殊的重要意义。今天,我们中国人权研究会的4位学者,围绕中国共产党尊重和保障人权的伟大实践,很高兴与各位记者朋友进行交流。

This morning, the SCIO issued a white paper titled "The Communist Party of China and Human Rights Protection – A 100-Year Quest," which systematically explains the achievements of the CPC in respecting and protecting human rights over the past 100 years. On the occasion of celebrating the CPC centenary, the release of such a white paper is of special significance and will help the international community gain a comprehensive and multi-dimensional understanding of the CPC and the logic of China's human rights development. We hope this will help them have a panoramic view of China. Today, four scholars from the China Society for Human Rights Studies would like to communicate with journalists here on the practice of the CPC in respecting and protecting human rights.

大家知道,中国共产党始终将为人民谋幸福、为民族谋复兴、为世界谋大同作为自己的初心使命。中国共产党为人权事业而生,也因人权事业而不断发展壮大。100年来,在中国共产党的领导下,中国取得了巨大的人权成就。我想从以下三个方面来概括。

As you all know, the CPC's founding mission was to seek happiness for the Chinese people, rejuvenate the Chinese nation, and do common good for the world. The CPC was born to advance human rights and has continued to grow and develop because of human rights progress. Over the past 100 years, under the leadership of the CPC, China has made great achievements in the area of human rights. I would like to summarize the progress from the following three aspects.

一是创造了人类尊重和保障人权的新业绩。100年来,中国共产党团结带领中国人民推翻“三座大山”,建立中华人民共和国,完成新民主主义革命和社会主义革命,实行改革开放,推进中国特色社会主义进入新时代。中国共产党坚持人民民主原则,建立人民当家作主的国家制度,保障国家一切权力属于人民。中国共产党领导人民取得脱贫攻坚全面胜利,全面建成小康社会,人民的生命健康权、工作权、受教育权等各项基本权利得到更好保障。

First, China has made new achievements in respecting and protecting human rights. Over the past 100 years, the CPC has united and led the people in toppling the "three mountains" of imperialism, feudalism and bureaucratic capitalism, founded the People's Republic of China (PRC), completed the New Democratic Revolution and the Socialist Revolution, carried out reform and opening up, and ushered in a new era of building socialism with Chinese characteristics. The CPC adheres to the principle of the people's democracy, established a national system ensuring the people's position as masters of the country, and guaranteed that all power in the country belongs to the people. The CPC has led the people to achieve a comprehensive victory in the fight against poverty and build a moderately prosperous society in all respects. The people's basic rights such as the right to life and health, the right to employment, and the right to education are better protected.

二是构建起了人类尊重和保障人权的新理念。中国共产党始终坚持以人民为中心的人权理念,不断增强人民的获得感、幸福感、安全感。坚持把生存权发展权作为首要的基本人权,坚持人民幸福生活是最大的人权,坚持促进人权事业全面发展和促进人的全面发展,推进经济社会文化权利和公民权利、政治权利的协调发展,努力使人民拥有平等的发展机会,共享人格尊严和人生价值。

Second, China has framed a new concept of respecting and protecting human rights. The CPC has always adhered to the people-centered approach to human rights, and has continuously enhanced the people's sense of gain, happiness, and security. The CPC regards the rights to subsistence and development as the primary and basic human rights and believes that living a life of contentment is the ultimate human right. It promotes comprehensive progress in human rights, the well-rounded development of all the people, and the coordinated development of civil rights, political rights, and economic, social and cultural rights, and ensures that people have equal opportunities for development and possess dignity and value of life.

三是开辟了人类人权文明的新天地。中国共产党认为,人权是人类文明进步的成果,具有普遍性。同时,人权也是历史的、具体的、发展的;人权保障没有最好,只有更好,只有进行时,没有完成时;世界上没有放之四海而皆准的人权标准或人权模式,必须将人权普遍原则与本国实际相结合。中国共产党以自身成功实践,丰富发展了马克思主义人权学说,是二十一世纪人类人权文明新的成功实践。

Third, China has blazed a new path of human rights protection. The CPC believes that human rights are the gains of the progress of human civilization and are universal. At the same time, human rights are also historical, specific, and in a constant ongoing process of development. There is no end to human rights development, and human rights protection is an ongoing cause. There is no universal human rights standard or model, and each country should apply the principle of universality of human rights in the context of its own national conditions. The CPC has enriched and developed Marxist human rights doctrine with its own successful practices, showing a new successful model of human rights progress in the 21st century.

我们常说,没有共产党就没有新中国。同样道理,没有共产党,就没有中国人权事业今天的成就。当前,在以习近平同志为核心的党中央坚强领导下,中国人民正在为实现第二个百年奋斗目标和实现中华民族伟大复兴而努力奋斗,中国的人权保障必将达到新高度,取得新的更大成就。

We often say that without the CPC, there would be no new China. Likewise, without the CPC, there would be no progress in China's human rights protection today. At present, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, the Chinese people are working hard to realize the Chinese Dream of national rejuvenation and the second centenary goal: to build China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful by the centenary of the PRC (2049). We will promote China's human rights protection to a higher level and make new progress.

以上是我简单的开场白,我们几位同志和专家学者也愿意就大家感兴趣的话题,围绕着这部白皮书来进行交流。请大家提问。

This is the basic introduction. We would like to communicate with you on issues of your concern and on this white paper. Please ask your questions.

寿小丽:

Shou Xiaoli:

谢谢鲁广锦教授。下面进入提问环节,提问前请通报一下所在的新闻机构。

Thank you, Professor Lu Guangjin. Now, the floor is open for questions. Please identify your news outlets before asking questions.

CGTN记者:

CGTN:

我们关注到,联合国人权理事会第47届会议正在瑞士日内瓦举行,中国政府代表和社会组织代表也有积极参与。能不能介绍一下中国长期以来在推动全球人权治理方面作了哪些努力?谢谢。

We noticed that the 47th session of the United Nations Human Rights Council (UNHRC) is being held in Geneva, Switzerland, and representatives of the Chinese government and social organizations have actively participated in the event. Can you tell us about China's long-term efforts to promote global human rights governance? Thank you.

鲁广锦:

Lu Guangjin:

当下会议正在开,各方面也都关注中国在推进世界人权事业发展方面,多年来致力于这项事业所做的大量工作,何志鹏教授在这方面也有一些研究和心得,下面请何志鹏教授来回答你的问题。

The conference is being held currently and all parties are concerned about China's efforts in advancing global human rights progress over the years. Professor He Zhipeng is an expert in this field. He will take your question.

吉林大学法学院院长人权研究中心执行主任何志鹏:

He Zhipeng:

很荣幸有机会来交流这样一个问题,如果各位读过我们的白皮书可能就会看到,第六部分专门讨论的就是这个。我在这个基础上略作一点延伸。我想说,中国对世界人权治理的贡献可以从严格意义上的人权机制体制和广义的人权机制体制两个方面来理解。严格意义上的人权体制机制就是刚才您所提到的联合国人权理事会,在这之前叫联合国人权委员会。我们都知道,中国曾经在相当一段时间之内被排除在联合国体系之外,所以在那段时间我们就没有机会和联合国的人权机制直接接触,但是自从1971年中华人民共和国的合法席位在联合国恢复以后,我们就一直积极参加相关的活动。在1979年时,我们作为观察员加入了联合国人权委员会,连续3年,然后接续,就是白皮书上提到的,我们从1981年开始做正式成员,一直连选连任,我们在联合国人权委员会上积极努力,不仅表达了中国自身的人权观点主张,也把中国人权的相关努力向世界各国人民展示。从1981年到2006年,人权委员会结束,我们一直全面参与人权委员会的活动。2006年之后,由于人权委员会所存在的一系列问题,我想在座各位可能很多都知道,就是人权委员会长期被作为政治斗争的工具,也就是说包括美国一些西方国家经常利用人权委员会这样一个平台指责中国,当然我们每一次都在委员会上把这样一些议题给予有效的回击。其实在联合国层面,大家也都关注到,这样一个人权治理体系是不可持续的,也就是说,真正的人权目标达不到了,所以在2006年开始,在联合国改革的呼声之中,建立起了联合国人权理事会。中国也一直参与理事会的活动,我们除了在正式的会议上,官方代表提出各种各样的观点、关切,回应世界各国对我们提出的问题,我们也在会外,通过一系列的边会,包括中国人权研究会举办的一系列边会,向世界介绍我们中国在人权方面的观点和行动。这是简单描述一下严格意义上的人权治理。

I feel honored to have the opportunity to exchange views with you on this issue. If you have read our white paper, you may have seen that this topic is discussed in part six. I will elaborate more on that basis. China's contribution to the governance of human rights in the world can be understood from two aspects: the human rights systems and mechanisms in a narrow sense and in a broad sense. The systems and mechanisms for respecting and protecting human rights in a narrow sense refers to the UNHRC you mentioned just now, which was previously called the United Nations Commission on Human Rights (UNCHR). We all know that China was once excluded from the UN system for a long time, so during that time we did not have the opportunity to have direct contact with the UN's human rights mechanism. Since China recovered its legitimate seat at the UN in 1971, it has played an active role in relevant events. In 1979, we joined the UNCHR as an observer and attended its annual meetings for three consecutive years. In 1982, China became an official member state of the UNCHR and has maintained this position ever since. China's participation in UNCHR activities not only demonstrated China's own human rights views and propositions, but also made known to the world China's efforts to respect and protect human rights. From 1981 to 2006, we were fully involved in the activities of the UNCHR. In 2006, the UNCHR was replaced with the UNHRC due to a series of problems that many of you may know. For example, the UNCHR had long been used as a tool for political struggles, that is to say, some Western countries including the United States often used the Commission as a platform to criticize China. Every time, we gave effective responses to such issues during the annual session of the Commission. In fact, at the UN level, everyone realized that such a human rights governance system was unsustainable. In other words, the human rights protection goals couldn't be achieved. Therefore, starting in 2006, amidst the call for reform, the UNHRC was established. China has always participated in the activities of the UNHRC since then. In addition to the formal meetings when official representatives exchange views and concerns and respond to questions raised by countries around the world, we also introduce our views and actions on human rights in China by holding a series of sideline meetings including those held by the China Society for Human Rights Studies. This is a brief introduction to human rights governance in a narrow sense.

广义的人权治理,我想除了联合国的人权体制,还包括几个方面:一是各位都非常熟知的,我们在国际社会提出的一些主张,它是具有人权含义的。比如,人类命运共同体。人类命运共同体包含着持久和平、普遍安全、共同繁荣、包容开放、清洁美丽这样一系列维度,这些维度其实都是和人的权利直接相关的。在包括人权体系在内的国际机制之内,把这些主张变成国际语言,让大家去理解和接受。与此同时,在经济层面,各位可能都知道,“一带一路”相关的行动,我们和很多沿线国家积极合作,做努力,无论是基础设施还是其他的经济合作,实际上都有助于中国和沿线国家的人权发展。

In a broader sense, human rights governance includes several aspects in addition to the human rights system within the United Nations. First, some ideas China put forward to the international community, such as a community with a shared future for mankind, they are relevant to human rights. The proposal emphasizes lasting peace, universal security, common prosperity, openness, tolerance, cleanliness, and beauty, which are all directly related to human rights. Within international mechanisms, including the human rights system, these ideas are translated into international languages so that they can be understood and accepted by all. At the same time, on the economic level, everyone may know we are carrying out cooperation with many countries along the Belt and Road and have made great efforts so far. Whether in terms of cooperation in infrastructure or other economic cooperation, our efforts in this domain will actually be conducive to human rights development in China and countries along the Belt and Road.

还有一个方面,我们在环境、气候变化、劳工,还有经济各个领域都积极向前推进合作体系,像《巴黎协定》。当然,我们还参加了很多国际组织,特别是2020年疫情以来,我们在公共健康卫生领域在人权方面所做的推进,实际上都是广义的人权治理部分。我个人理解,不一定全面,如果我说的有什么不对的地方,鲁教授和各位还可以补充,我就说这么多,谢谢。

Also, we have actively advanced international cooperation systems regarding the environment, climate change, labor and all fields of the economy, such as the Paris Agreement. Of course, we have joined many international organizations. Especially since the outbreak of the pandemic in 2020, the advancements we have made in human rights in the field of public health is actually part of the broadly defined human rights governance. My own understanding may not necessarily be comprehensive. Mr. Lu and other speakers can correct me if there is something wrong with what I have said. I'm going to stop here, thank you.

中央广播电视总台央广记者:

CNR:

我们都知道,尊重和保障人权是人类文明的共识,但是各国的人权理念和发展的道路往往是具有差异的。我们怎样理解白皮书中所提出的中国丰富发展了人类人权文明多样性的提法?谢谢。

We all know that respecting and safeguarding human rights is the consensus of human civilization, however, different countries have different views on human rights and the path of development often differs from country to country. How shall we see the notion in the white paper that China has added diversity to the concept of human rights? Thank you.

鲁广锦:

Lu Guangjin:

这个问题我来回答,请各位教授再做补充。我觉得中国人权事业的发展进步确实是一种不同于西方或者其他文明这样一个大背景下人权事业的发展进步,确实有它的代表性。怎么理解中国,我觉得有三个最大:一,中国是世界上最大的发展中国家。这是我们常常说的一个基本国情;二,中国是世界上人口最多的国家。这也是中国的一个国情,而且这个国情持续了几百年都不止,我们的人口是世界第一;三,中国是世界上发展最快的国家。这种进步的速度也是出人意料的,自上世纪七十年代末以来,在座的记者朋友们一般是80年代、90年代以后出生的,也都经历了这样一个巨大的变化。1970年以后的中国和1970年以前的中国大不一样,这种发展是一种文明的发展,一种文明的进步,它具有很大的代表性。

I will answer this question, and other professors may give additional remarks. I think that China's progress in human rights, which is indeed different from that of Western or other countries, is a typical example. Regarding the need to understand China, I think we should focus on the following three aspects. First, China is the world's largest developing country, which is a basic national condition we often talk about. Second, China is the world's most populous country, which is also a national condition that has lasted for hundreds of years. Third, China is the world's fastest developing country. Its speed of development since the 1970s is unprecedented. The journalists here, who were generally born after the 1980s and 1990s, have also experienced a huge change. China after 1970 is totally different from that before 1970, its development is the progress of civilization and quite representative.

从人权的角度来看这种文明的进步,我想有三点特别值得我们去思考:

Looking at this progress of civilization from the human rights perspective, I think the following three aspects in particular are worth thinking about.

第一,这种人权的发展是超越了西方自由主义人权观及其实践的发展,它是以人民为中心这样一种人权理念的指导下所取得的进步。这样一种人权理念我觉得超越了西方资本主义人权观念的狭隘性和局限性,更多是从人民人权的角度来取代天赋人权,更多是以社会主义的集体人权取代了自由主义的个人人权,更多是以具体生动的、鲜活的人权取代了抽象的、空洞的人权,所以是一个具有特别代表性的人权模式,以此可以看出这是一种人权文明新的表现。

First, China's human rights development has exceeded Western liberal views on human rights and the development of their practice. The progress was made under the guidance of China's people-centered approach to human rights. In my opinion, the approach has transcended the narrowness and limitations of the Western capitalist view of human rights, focusing on people-centered human rights rather than men's natural rights, socialist collective human rights rather than liberal individual human rights, and specific and vivid human rights rather than abstract, empty human rights. So, it is a particularly representative model of human rights and the new manifestation of human rights civilization.

第二,它发展了马克思主义人权学说,中国共产党遵循马克思主义关于人权的基本立场和观点,但是它也立足于新世纪、新阶段和新时代,立足于当下中国发展的时代特征和未来发展的走向,因此更加注重人权的人民性、人权的真实性、人权的发展性、人权的具体性和人权的全面性。这应该说是对传统马克思主义关于人权学说在新的历史条件下的发展,这是一个巨大的进步,也是马克思主义的新发展,我们也可以说它是21世纪的马克思主义人权学说。

Second, China has developed the Marxist theory of human rights. Upholding the basic positions and views of the Marxist theory of human rights, the CPC is grounding its efforts in the new century, new development stage, new era, China's development features of the times and the future development trend. China attaches great importance to the position of the people, authenticity, development, specificity and the comprehensiveness of human rights, which is the great progress and development of the Marxist theory of human rights under the new historical conditions. We can also call it the 21st-century Marxist human rights theory.

第三,我认为它开辟了人类文明的新境界。中国共产党坚持历史唯物主义和辩证唯物主义这样一个基本的观点,从来都是以历史的态度、发展的观点和人民的立场来看待人权、发展人权,也正是因为基于这样一个基本点,才能够成功走出一条符合国情的人权发展道路。这样一种发展道路实际上也就宣告了西方一些人所谓的只有西方模式才能发展人权神话的破产,这无疑也是开辟了人权发展的新路径。我的思考是这么三点,仅供参考。

Third, we have opened new frontiers of human civilization. The CPC upholds historical materialism and dialectical materialism, and has always viewed and developed human rights from a historical perspective, development perspective and the standpoint of the people, which enabled the CPC to open a new path of human rights protection based on China's national conditions. The development path in fact exploded the myth that only the Western model could develop human rights, and has also opened up a new path for the development of human rights. My thinking is summarized in those three points for your reference.

凤凰卫视记者:

Phoenix TV:

一些西方国家多年来一直就中国人权问题大做文章,特别是在涉疆、涉港、涉藏等问题上抹黑中国。请问中国共产党作为执政党,如何看待这一问题?谢谢。

Some Western countries have been making a lot of fuss about China's human rights issues for years, especially smearing China on issues related to Xinjiang, Hong Kong and Tibet. As the ruling party, how does the CPC view this issue? Thank you.

鲁广锦:

Lu Guangjin:

确实是,因为中国是中国共产党领导的社会主义人民当家作主的国家,由于它和西方在人权的价值取向上的不同,西方历来认为,按照他们的标准来看,中国的人权不是他们认为的那种人权,所以中国关于人权方面的任何发展进步可能都不会引起他们的关注。关于这个问题,外交部发言人也有过一些系统全面的表述和明确的表达,我不想就一些具体问题进行一一说明。我这里想强调几点:

Indeed, China is a socialist country under the leadership of the CPC where people became masters of the country. As China is different from Western countries in the value orientation of human rights, Western countries believe that human rights in China are not up to their standards. So, any progress of China's human rights may not draw their attention. Regarding this issue, spokespersons of the Foreign Ministry have made several systematic, comprehensive and clear statements, so I will not elaborate on some specific issues. Here I would like to stress the following points:

第一,我认为西方国家关心中国人权是假,利用人权干涉中国内政是真。如果他们真的是关心中国人权的话,特别是关心新疆的人权,我就有一个疑问,为什么在新疆发生恐怖主义和极端主义的时候他们不出来发声,他们不站出来说话,他们不对残害人类的行为予以谴责。相反,我们知道,有一些在新疆实施暴力恐怖的组织还得到了西方一些势力的支持和庇护,我们觉得这完全是人权双重标准所导致的结果。我还想说,如果他们真的关心中国人权的话,中国人权事业的发展进步,特别是减贫事业所取得的巨大成就,使8亿多人口摆脱了贫困,他们的生活逐步由温饱走向富裕,这对生存权、发展权保障所带来的巨大推动作用,为什么不能得到他们的承认?我们也可以看到,在他们的报道当中,从来也没有把这些事情当做他们应该报道的重要选项,而在他们看来是可有可无的。我觉得这恐怕是存在着偏见、存在着误解。更重要的是,这里面还带有政治上的用意,特别是一些西方国家,他们利用所谓的人权的双重标准来对中国人权状况进行抹黑,抹黑的目的是要在世界上诋毁中国、损害中国的形象,通过这种诋毁和损害来达到他们的政治目的,遏制中国的崛起、遏制中国的发展。

First, in my opinion, Western countries are not really concerned about China's human rights, they just use it to interfere in China's internal affairs. If they are really concerned about China's human rights, especially human rights in Xinjiang, I am wondering why they did not speak up and condemn the activities of extremists when Xinjiang suffered terrorism and extremism. They did not condemn the acts of mutilation of human beings. In contrast, as we know, some violent terrorist organizations in Xinjiang were supported and sheltered by some Western forces. We believe that this is entirely the result of double standards on human rights. If they really care for human rights in China, why didn't they recognize China's progress and development of human rights, especially the great achievements in reducing poverty, which lifted more than 800 million people out of poverty? They become better off and are now heading towards a higher level of prosperity, which gave a great boost to people's rights to subsistence and development. We have also noticed that they never focused on these progress in their news reports. I am afraid that there is some prejudice and misunderstanding. More importantly, there are political purposes. Some Western countries, in particular, used the so-called double standards on human rights to smear China's human rights situation to defame China, tarnish its image in the world, achieve their political purposes, and contain China's rise and development.

第二,如果有的西方国家真心关心人权,不仅要看中国,还要看自己。就像我们外交部发言人说的,拿起镜子照照自己,看看自己到底是什么样的情况。面对自己日益突出的人权问题,真的是应该好好反思了,应该好好面对了,应该好好找到一套解决的办法了,久而久之长期下去,这种问题的日益突出也不利于他们国家人权的改善。最近我看一本书,可能有的记者朋友也在读,是美国人自己写的,一个黑人,纽约时报的记者,很有影响,他写的《美国不平等的起源》,如果大家有兴趣可以买这本书看看。对美国存在的严重的种族问题做了十分透彻的分析,我看过一些这样的书,我觉得没有比这本书的分析更透彻了。透彻在哪里?这位作家认为,美国的种族问题不是种族主义问题,不是种族歧视问题,也不是种族政策问题,那是什么问题呢?他说是种姓制度问题。我们知道种姓制度是个什么概念?显然比种族主义、种族政策要严重得多的一个种族问题。读了这本书,我觉得它对美国当今存在的最突出的人权问题的分析,使我们能够从更深刻的角度来看美国人权问题的根源,它的复杂性、长期性以及所存在的危险性,这些都应该引起我们的重视,也应该引起我们的警觉,也不应该简单的听他们如何说,要看他们是怎么做的。谢谢。

Second, if some Western countries really care about human rights, they should not only look at China, but instead examine themselves. Just as our Foreign Ministry spokesperson put it, we urge these countries to take a look at themselves in the mirror and see what human rights are like in their own countries. In the face of their own increasingly prominent human rights problems, it is time for them to reflect, face up to their own issues and find solutions to address their problems. In the long run, these problems are detrimental to the improvement of human rights in these countries. Recently, I have been reading a book that some of you may be reading, too. It is a book written by an influential black American journalist with the New York Times. It is called "Caste: The Origins of Our Discontents." If you are interested in it, you are recommended to buy it to read. The author made a thorough analysis of the serious racial problems in the U.S. I have read some books of this kind, but I don't think there have been any with a more thorough analysis than in this book. Why? The author believes that the racial problems in the U.S. relate to neither racialism, racial discrimination nor racist policies. What's the problem? It's all about the caste system according to the author. We know what the caste system is. It is obviously a racial problem far more serious than racialism and racist policies. In reading this book, I realized that its analysis of the most pressing human rights problems in the U.S. today enables us to view from a more profound perspective the origins, complexity, long-term existence and dangers of these problems, to which we should pay attention with an alert mind. We should not simply listen to what they say, but pay attention to their actions. Thank you.

中国日报记者:

China Daily:

我想了解一下司法机关在保护人权方面都做了哪些重点工作?谢谢。

Could you share what major efforts the judicial organs have made in protecting human rights? Thank you.

最高人民法院研究室一级巡视员李晓:

Li Xiao:

谢谢您的提问。司法是守护公平正义的最后防线,在保障人权方面,的确发挥了重要作用。我在法院工作了37年,我深深体会到,尊重和保障人权是一直贯穿在人民法院工作中的一条主线。司法机关围绕着让人民群众在每一个司法案件中感受到公平正义这样一个工作目标,坚持司法为民、公正司法、依法保护当事人合法权益,不断增强人民群众的获得感、幸福感、安全感。我在这儿用几个关键词简单把几个亮点和大家分享一下。司法改革、司法责任制、立案登记制、辩护权的保障、司法公开、获得公正审判的权利以及司法救济。记者朋友都知道,这么多年来司法机关一直在进行司法改革,为什么要进行司法改革?最终的目的是要确保人民法院依法独立公正行使审判权,优化司法职权的配置、推行司法人员分类管理制度和司法职业保障制度改革,人民法院设立了跨行政区划的人民法院,在部分省市设立了知识产权法院、互联网法院、金融法院等。这是关于司法改革的一个简单的描述。

Thanks for your question. As a bottom line for defending fairness and justice, the administration of justice indeed plays an important role in protecting human rights. After working in the court system for 37 years, I am well aware that respect for and protection of human rights is one of the main lines that run through the work of the people's courts. With the aim that the people can see in every judicial case that justice is served, judicial bodies adhere to carrying out justice for the people, seeking judicial justice, and protecting the lawful rights and interests of the interested parties according to law so as to increase the people's sense of gain, happiness and security. I'd like to share with you some highlights of our efforts in the following keywords, namely, judicial reform, judicial accountability, the case-filing register system, the safeguarding of the right to defense, judicial openness, guaranteeing the right to fair trial, and judicial relief. As you know, judicial bodies have been carrying out judicial reform in recent years. Why? Its ultimate goals are to ensure the people's courts independently and fairly exercise judicial power according to the law; improve the allocation of judicial powers and responsibilities; and improve category-based management of judicial personnel and job security for the judicial profession. People's courts across administrative boundaries have been established. In some provinces and cities, there are also courts that handle intellectual property and financial cases as well as online courts. This is a brief summary of judicial reform.

关于全面落实司法责任制,完善审判权利和责任清单,严格违法审判责任追究,严格落实防止干预司法的相关规定,也就是我们俗称的“三个规定”。做到让审理者裁判、由裁判者负责。 

Regarding fully implementing judicial accountability, we have improved the list of well-defined adjudicative powers and responsibilities, strictly held illegal adjudication accountable, and fully implemented the three regulations on preventing intervention in judicial activities, by which the judges hear the cases to reach verdicts and bear related responsibilities.

下一个我想介绍的是关于立案登记制,它是让当事人的诉权得到了保障,人民法院2015年开始实施立案登记制,以前叫立案审查制,解决了立案难,现在当场登记立案率保持在95%以上。大家知道,近年来科技进步非常快,智慧法院的建设速度也很快,现在立案更容易了,当事人在家里动动手指尖,在中国移动“微法院”平台的手机客户端上就可以进行网上立案,提交证据,甚至参加庭审,以及办理一些跨区域的诉讼事项等等,可以说是“在线诉讼服务24小时不打烊”。

Regarding the case-filing register system, it is a replacement for the former case-filing review system and was established in 2015. It ensures litigants' right of action and has solved the difficulties in filing lawsuits, with an on-the-spot case-filing registration rate of more than 95%. As you know, science and technology have made rapid progress in recent years, which has accelerated the establishment of smart courts. Now filing is much easier. A click on WeChat Court, a mini program of WeChat, enables litigants to file cases online, submit evidence, and attend trials as well as deal with some cross-region litigations, making litigation services available online round the clock.

我一直觉得一个值得关注的亮点就是,深化司法公开,不断健全了阳光司法机制,我们建立了审判流程、庭审直播、裁判文书、执行信息等四大公开的平台,全面推进阳光司法。今天早上我看了这些平台,“庭审直播网”全国累计已经超过1300多万场,累计访问量380亿次。我们的裁判文书网文书总量超过了1亿多篇,截至今天早晨的访问总量超过了646亿次,这个数据是一直在更新和变动的。

Another noteworthy highlight is the promotion of judicial openness. We have improved judicial transparency by establishing four platforms for releasing information on judicial processes, trial livestreams, written judgments, and the execution of judgments. I checked these platforms this morning. A total of more than 13 million trials nationwide have been livestreamed on the platform for trial livestreams, with 38 billion visits in total. There are more than 100 million written judgements at the platform for written judgements, with over 64.6 billion visits by this morning. The data keeps updated and changing all the time.

关于辩护权的保障,这些年来我们一直在进行刑事案件律师辩护权覆盖的试点,同时实现了法院、看守所、法律援助工作站的全覆盖,努力保障所有刑事案件的被告人在审判阶段都能获得律师辩护和帮助,同时保护辩护律师会见、阅卷、调查取证、质证和辩论辩护等各项诉讼权利。

With regards to the guaranteeing of the right to defense, pilot work has been launched to ensure legal defense is provided in all criminal cases. Legal aid stations can now be found at all courts and detention houses to ensure that defendants in all criminal cases can obtain legal defense and support in trial. The state protects defense lawyers' rights to meet their clients, to read case files, to investigate and obtain evidence, to conduct cross-examination, and to debate and defend, and other litigious rights.

在保障当事人获得公正审判的权利方面,内容就更多了。比如,深入推进以审判为中心的刑事诉讼制度改革,严格贯彻罪刑法定、疑罪从无、证据裁判、非法证据排除等法律原则,实现庭审实质化,确保无罪的人不受刑事追究,有罪的人受到公正惩罚。2016年-2020年,人民法院共依法宣告5479名被告人无罪,依法纠正呼格吉勒图案、聂树斌案等冤错案件,并依法予以国家赔偿。

Regarding the guaranteeing of the right to fair trial, we have made significant efforts. For example, we have promoted the reform of the criminal litigation system with a focus on adjudication, strictly enforced the principles of "no penalty without a law", presumption of innocence, evidence-based verdicts, and exclusionary rules, and strengthened the role of court trials, ensuring that no one should be prosecuted without criminal evidence and those guilty of an offence are subject to fair punishment. From 2016 to 2020, people's courts at all levels acquitted 5,479 defendants. A number of wrongful verdicts including those concerning Hugjiltu for rape and murder and Nie Shubin for rape and murder were overturned in accordance with the law. The wrongly-convicted all received state compensation in accordance with the law.

还有一个关键词是司法救济,包括两方面内容:一是国家赔偿制度;二是司法救助制度。我们不断完善了国家赔偿制度,赔偿标准也随着经济社会发展的不断提高,侵犯人身自由权每日的赔偿金额从1995年的17.16元上升到2021年的373.10元。健全国家司法救助制度,依法维护受害人获得救济的权利,2020年全国法院共办理司法救助案件37852件,救助人数44350人,救助金额9.1亿元。除此以外,还有其他很多工作。鉴于时间关系,我就先介绍到这儿。谢谢大家。

Another keyword is judicial relief. It covers the state compensation system and the state judicial assistance system. We have improved the state compensational system and developed compensation alongside the economic and social development of the country. The daily compensation for violation of a citizen's personal liberty has risen from 17.16 yuan in 1995 to 373.10 yuan in 2021. China has improved the state judicial assistance system to safeguard victims' right to judicial assistance. In 2020, courts at all levels handled a total of 37,852 judicial assistance cases, helping 44,350 people with 910 million yuan of judicial relief. In addition, we have made many other efforts. As time is limited, I am not going to elaborate on them. Thank you.

香港大公文汇报记者:

HKTKWW:

我的问题想问何院长,之前您提到进行人权研讨和分析的过程中,需要高度重视历史发展和社会环境的时空维度。我想问,我们如何来理解这个概念?应该如何在人类命运共同体的前提下思考人权的国际化进程?谢谢。

My question is for Mr. He. You've mentioned before that we need to pay great attention to the spatial and temporal dimensions of historical development and social environment during human rights research and analysis. How shall we understand this concept? How shall we think about the internationalization of human rights on the premise of a community with a shared future for mankind? Thank you.

何志鹏:

He Zhipeng:

非常感谢您的问题。对这个问题,首先我要说,这只是我个人在学术研究过程中提出的一个观点,当然也是在和我的同事、学生进行研讨的过程中形成的思路。我介绍一下我为什么会这么说,是因为在国际人权对话时,包括在国内人权交流时,总有一些人认为在人权问题上存在一个共同的、普遍的标准,所有的国家,不管你处在什么位置,不管你处在什么样的历史时期,都要按照这样一个规则、这样一个标准来行动。如果各位还记得的话,以前曾经有过一段香港占中的时候有些人提出来,根据ICCPR我们应当怎么样,后来我们就说,一定要知道有一些规则不是在我们中国有效的,也就是说,并不是所有的规则都适用于所有的国家。

Thanks for your question. First of all, I have to admit this idea is just a point of view I personally raised during my academic research after discussing it with my colleagues and students. Here is the reason behind the idea. When having dialogues on human rights internationally or having exchanges on human rights domestically, some people believe that there is a common and universal standard for human rights. That means that every country, wherever it is located and whatever historical period it is in, should act in accordance with the same rule or standard. During the illegal "Occupy Central" movement, some people cited the International Covenant on Civil and Political Rights (ICCPR). We later commented that some rules are not applicable in China, because not all rules apply to all countries.

在这个基础上我提出一个思路,你认为一个国家的人权究竟处于什么状况,要注重它究竟处于什么样的历史方位,究竟处于什么时期。所谓的时空条件,一方面是“时”,也就是说,从这个意义上我们应当理解人权是随着时代的发展而变动的,它不是一成不变的。如果说从整体的历史趋势上,人权是在不断提升的,我们也会在一定的历史截面中看到,比如碰到了疫情,人权保护的状况就可能会发生波动,这是所谓的历史维度,就是不能一以贯之的认为人权就这么来了。

On this basis, I would like to put forward an idea. The real situation of human rights in a country depends on what historical position and period it is in. The so-called space-time condition, on the one hand, is "time", that is to say, in this sense we should understand that what are considered human rights change with the development of the times. They are not static. If we can see from the overall historical trend that human rights are constantly improving, we can also see from a certain historical section, for example, in the event of an epidemic, the situation of human rights protection may fluctuate. This is the so-called historical dimension. We cannot simply hold fast to the conclusion that human rights have just come and gone.

再一个是空间维度,就是不同文化传统、民族风俗习惯所导致的人权方式是不一样的。大家都知道中国有少数民族区域自治制度,其实就是针对不同的文化传统在权利维护方面所提出的不同的维护方式。大家如果能接受我这样一个基本的认知,我们能推出什么?我想推出两个方面:

The other one is the spatial dimension, that is, different cultural traditions and national customs lead to different actualizations of human rights. As we all know, China has a system of regional autonomy for ethnic minorities, which is actually a different way of safeguarding the rights of different cultural traditions. If you accept my basic understanding, what conclusion do we reach? I think there are two aspects.

一,不能把人权保护程度和政治格局相挂钩。刚才有同志问到,有一些国家拿着中国一些所谓的人权问题,其实就是无中生有、无事生非、造谣生事,说中国存在这样那样的问题,刚才鲁教授也说了,其实目的非常简单,就是要达到政治遏制,也就是说,中国经济、政治、文化发展的这么快,这么均衡、这么稳定,很多国家深感忧虑。各位可能都听说过一个概念,叫“修昔底德陷阱”,他们认为在西方主要大国和中国之间存在这样一个陷阱,如果不赶紧遏制中国,他们就没戏了,这是我认为第一个脱钩,就是要把人权问题和政治斗争相脱钩。

First, the level of human rights protection should be decoupled from the political dynamics. There was a question just now saying that some countries say that there are problems in China's human rights. In fact, they are making a fuss out of nothing and fabricating rumors to stir up trouble. As Professor Lu said just now, the objective is very simple. It is to achieve political containment. That is to say, China's rapid, balanced and stable economic, political and cultural development has deeply worried many countries. You may all have heard of a concept called "Thucydides Trap". They believe that major Western powers and China are destined for conflict. If they don't contain China now, then they won't have a chance in the future. This, in my opinion, is the first decoupling, which is to decouple human rights issues from political struggles.

二,应当把人权和经济竞争相脱钩。一些国家拿出所谓的新疆棉花问题作为人权议题提出来,然后遏制中国发展,其实心明眼亮的人都知道,他背后的目标非常简单,就是觉得中国在经济上发展太快,在很多方面我们存在着竞争优势。学过经济学的都知道,国际竞争的基本运作规则是绝对优势或者是比较优势,我们在这方面存在优势,他又觉得竞争不过,怎么办呢?他就开始用各种各样的人权借口打压中国,这些在我看来都是在理解了人权的时空尺度之后应当铭记的。

Second, human rights should be decoupled from economic competition. Some countries have raised the so-called "cotton issue" in Xinjiang as a human rights issue and then used it to curb China's development. In fact, anyone with a clear vision knows that their objective behind the issue is very simple. From their point of view, China is developing too fast economically and we have competitive advantages in many aspects. Anyone who has studied economics knows that the basic operating rule of international competition is acquiring absolute advantage or comparative advantage. We have an advantage in this respect and they feel they are no match for us. What can they do? They began to use various human rights excuses to suppress China, which in my opinion should be kept in mind after understanding the spatial and temporal scale of human rights.

刚才您还提到了人类命运共同体在人权上意味着什么,简单说,这意味着现在人类社会越来越多的面临的共同风险,存在着很多共同的忧虑。比如,气候变化、全球变暖、疫情、互联网可能造成的全球恐慌。在这样一个前提之下,我们应当认识到可能存在的风险,全球积极合作,为共同的未来而努力,也就是在治理合作的维度上去提升人权,这就是我简单的理解,谢谢。

What does the building of a community with a shared future for mankind mean in terms of human rights? To put it simply, it means that human society faces more and more common risks and has many areas of common concerns. For example, a global panic is likely caused by climate change, global warming, epidemics, and the internet. Under such a premise, we should recognize the possible risks, actively cooperate globally, work for a common future, and promote human rights in the dimension of governance cooperation. That is my understanding. Thank you.

中央广播电视总台国广记者:

CRI:

请教几位专家,中国共产党在追求人民的自由平等以及幸福等层面探索出了哪些卓有成效的尊重和保障人权的做法?特别是在保障特殊群体的平等权利方面,和其他国家相比,都有哪些相同、相似的地方和不同的地方?谢谢。

What effective measures has the CPC explored to respect and protect human rights in the pursuit of people's freedom, equality and happiness? What are the similarities and differences compared with other countries, especially in guaranteeing equal rights for special groups? Thank you.

武汉大学人权研究院执行院长张万洪:

Zhang Wanhong:

谢谢记者朋友的提问,在其他人关注宏大的命题之后愿意来关注特定群体的境遇。中国共产党以人民解放和幸福为使命,在过去一百年的历程中不断探索实现人民自由和平等的国家制度,并且逐步确立了全面依法治国的基本制度。中国共产党恪守历史唯物主义、认可并高扬人的历史主体地位。首先,我们在尊重和保障人权的实践当中所追求的平等不是抽象的人人生而平等,或者所谓的天赋人权的平等,而是在历史具体的实践中,在具体的时空当中,以经济的可持续发展和人民的全面小康作为物质基础,以国家的独立自主和社会的和谐稳定作为制度基础,以个体的可行能力和实质选择权利为内容的平等。

Thank you for your questions and for your focus on the situation of specific groups after others focused on the larger issues. With the liberation and happiness of the people as its mission, the Communist Party of China (CPC) has, over the past 100 years, continuously explored ways to realize the state system of freedom and equality for the people, and gradually established the basic system of overall law-based governance. The CPC abides by historical materialism and recognizes and exalts the historical subjectivity of human beings. First of all, the equality we seek in the practice of respecting and safeguarding human rights is not the abstract equality of all men, or the so-called equality of natural rights. Our pursuit of equality is in the specific practice of history, in the specific time and space, with the sustainable development of the economy and the overall prosperity of the people as the material basis, with national independence and social harmony and stability as the institutional basis, and with the individual's feasible ability and substantive right of choice as the content of equality.

具体到特定群体来说,在实现特定群体权利平等保障的过程中,要强调历史的具体实践,也就是强调他们的衣食住行等基本生活的重要性,要得到制度的认可。比如,我在湖北省残疾人联合会兼职作副理事长,我比较关注残疾人问题,我们有8千多万残疾人全部实现脱贫。又比如男女平等问题,作为基本国策,中国共产党非常注重保障妇女的婚姻自由,在全世界各国当中比较早地确立了无过错离婚制度。我们还发扬敬老孝亲的优良传统,积极应对人口老龄化政策等,这是第一个方面。

As for specific groups, in the process of realizing the equal protection of the rights of specific groups, we should emphasize the concrete practice of history, that is, the importance of their basic needs, such as clothing, food, housing and transportation, should be recognized by the system. For example, as a part-time vice chairman of the Hubei Disabled Persons' Federation, I pay close attention to the issue of people with disabilities. More than 80 million of them have been lifted out of poverty. Another example is the issue of gender equality. As a basic state policy, the CPC attaches great importance to protecting women's freedom of marriage, and established the no-fault divorce system very early. We have also carried forward the fine tradition of respecting the elderly and actively responded to population ageing. This is the first aspect.

第二方面,中国特色社会主义法治体系的权利逻辑在平衡个体与共同体的权利、平等保护特定群体权利、促进个人全面发展和社会融合发展、实现人民共同富裕方面都具有独特的优势。理解这一点有助于我们坚持人的全面发展视角,主张残障者、妇女、老年人等特定群体的平等参与和全面协调发展,能够彰显社会主义人道主义对人性多样、人格平等的卓越认识,以及社会主义政治法律制度中对特定群体实质平等的确认和保障。

Second, in the system of socialist rule of law with Chinese characteristics, the logic of rights has unique advantages in balancing the rights of individuals and communities, ensuring equal rights for specific groups, promoting overall personal development and integrated social development, and achieving common prosperity for the people. Understanding this point will help us adhere to the perspective of well-rounded human development. We advocate the equal right to participation, and the comprehensive and coordinated development of specific groups such as the disabled, women, and the elderly. It shows great awareness of the diversity of human nature and the equality of human dignity in socialist humanism, and the recognition and guarantee of the substantive equality of specific groups in the socialist political and legal systems.

总之,中国共产党领导中国人民进行的人权实践,就是我们今天发布白皮书的主题,从新民主主义、社会主义革命到建设全面小康社会和全面现代化,享有和践行全部人权的主体都始终是全体人民,可以说我们得出了一个重要的结论——人民的幸福生活是最大的人权,这个判断解决或者回答了人权发展依靠谁、为了谁的问题,每个人不论他的身心障碍、性别、年龄等因素,都能有尊严的发展自我和奉献社会,共同享有人生出彩、梦想成真的机会。谢谢。

Altogether, the theme of today's white paper is the substantial progress made in human rights by the Chinese people under the CPC's leadership. From the New Democratic Revolution and the socialist revolution to the building of a moderately prosperous society in all respects and comprehensive modernization, it is the people who have always been the centrality of enjoying and fulfilling all the human rights. So, we have come to an important conclusion that people's well-being is the greatest human right. The conclusion solves the questions: Who does the progress of human rights depend on, and who is it for? Everyone, regardless of physical or mental disabilities, gender, age, or other factors, can develop oneself with dignity, contribute to society, share the opportunity to shine in life, and make their dream come true. Thank you.

上游新闻记者:

Shangyou News:

这个问题我想问李老师,随着司法改革不断全面深化,我国司法透明度不断提升,人权司法保障体系逐步完善,请问最高法近年来在死刑适用标准上做了很多工作,能否具体介绍一下?谢谢。

I would like to ask Mr. Li this question. With the continuous overall deepening of judicial reforms, China's judicial transparency is constantly upgrading, and its judicial human rights protection system is gradually improving. In recent years, the Supreme People's Court (SPC) has done a lot of work on the applicable standards of the death penalty. Can you give us some details on this? Thank you.

李晓:

Li Xiao:

这个问题很专业,谢谢。首先,关于死刑适用标准问题,我们来看一下立法上是怎么控制死刑的适用范围的。大家都知道,保留死刑、严格控制和慎重适用死刑是我们国家一贯的刑事政策,中国刑法第48条第一款明确规定了死刑只适用于罪行极其严重的犯罪分子。同时,刑法第49条又规定了犯罪的时候不满18周岁和审判的时候怀孕的妇女不适用死刑。审判的时候,已满75周岁的人,除以特别残忍手段致人死亡的外,也不适用死刑。就是说限制死刑有这么三种法定的情形。

This is a very informed question, thank you. First of all, as for the applicable standards of the death penalty, let's take a look at how to control the application of the death penalty through legislation. As we all know, the application of the death penalty is a consistent criminal policy that China retains, strictly controls, and prudently applies. Paragraph 1 of Article 48 of the Criminal Law stipulates that the death penalty shall only be applied to criminals who have committed extremely serious crimes, while Article 49 states that the death penalty shall not be imposed on persons who have not reached the age of 18 at the time the crime is committed or on women who are pregnant at the time of trial, and that the death penalty shall not be given to a person who is 75 years old at the time of trial unless they have caused the death of another person by especially cruel means. In other words, there are three statutory conditions for restricting the death penalty.

2011年修订的《刑法修正案(八)》一次性取消了13个死刑罪名,2015年《刑法修正案(九)》又取消了9个死刑罪名,也就是说从立法层面在不断严格控制死刑适用的范围。在司法方面,这些年做了大量的工作,总体来讲有以下几项:

In 2011, 13 crimes applicable for the death penalty were removed as part of the eighth amendment to the Criminal Law. In 2015, nine more crimes were removed in the ninth amendment. It shows that China has tightly limited the use of the death penalty through legislation. Over the years, massive efforts have been made to reform the judicial system, mainly in the following aspects:

一是进一步严格控制和慎重适用死刑。大家都知道,自2007年的1月1日,最高法统一行使死刑案件核准权以来,人民法院牢固树立惩罚犯罪与保障人权并重的理念,更加注重准确把握宽严相济的刑事政策,切实贯彻严格控制和慎重适用死刑,在办案质量上要求更加严格,在适用死刑上更加审慎,在审判程序上更加公正。最高人民法院在复核死刑案件过程中坚持两个“最”的标准,就是以最高的标准、最严的要求切实把好每一起案件的事实证据关、法律政策关和审判程序关,确保死刑只适用于罪行极其严重的犯罪分子。

First, by taking further steps to strictly control the death penalty and employ it with prudence. It is widely known that since the SPC invoked the right to approve all death sentences on Jan. 1, 2007, courts at various levels have firmly upheld the concept of attaching equal importance to punishing crimes and protecting human rights. More attention has been paid to the penalty policy of tempering severity with mercy, and the death penalty is strictly controlled and prudently applied. This requires increased care when handling cases, increased caution when prescribing death sentences, and enhanced fairness in trial procedures. In the process of death penalty review, the SPC employs the highest standards and strictest requirements to check on the facts and evidence, laws and policies, and trial procedures of each case, making sure that the death penalty is only administered for convicted criminals in extremely severe offenses.

二是这些年来不断出台司法解释和规范性文件,细化法律政策的适用标准,严格办案程序。比如最高人民法院先后单独或者联合其他部门制发的《关于贯彻宽严相济刑事政策的若干意见》《关于办理死刑案件审查判断证据若干问题的规定》《关于办理刑事案件排除非法证据若干问题的规定》等等这些文件,今年我们又发布了一个很长的司法解释,就是对贯彻实施刑事诉讼法的司法解释,在这里面又设专章专节进行了全面的修订和规定。这些文件对于指导下级法院公正审判死刑案件,进一步严格、统一死刑适用的法律政策标准、证据裁判规则和审判程序发挥了积极重要的作用。

Second, by continuously adopting judicial interpretations and normative documents over the years to detail the application of laws and policies and tighten the procedures of case handling. The SPC, acting alone or together with other departments, has issued documents including Some Advice on Implementing the Criminal Policy of Combining Leniency with Rigidity, Provisions on Several Issues Concerning the Examination and Judgment of Evidence in Death Sentence Cases, and Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Criminal Cases. This year, we issued a long judicial interpretation regarding the implementation of the Criminal Procedure Law, in which special chapters and sections have been established to make comprehensive revisions and regulations on the death penalty. These documents have played an active and important role in guiding the lower courts to try death penalty cases in a fair manner, and further tightening and unifying legal and policy standards, rules of evidence, and trial procedures applicable to the death penalty.

三是强化死刑复核程序中的人权保障,保障被告人辩护权以及其他合法权利。2019年8月,最高人民法院发布《关于死刑复核及执行程序中保障当事人合法权益的若干规定》。这个解释中规定了死刑复核阶段被告人有权委托律师,而且在执行死刑前有权会见亲属等等,确保死刑案件被告人权利得到有力保障。

Third, by strengthening human rights protection during death penalty review and ensuring defendants' right to defense and other legitimate rights. In August 2019, the SPC issued the Provisions on the Review and Execution Procedures for the Death Penalty to Protect Convicts' Lawful Rights and Interests. It stipulates that defendants have the right to be represented by a lawyer when the SPC is reviewing their death sentences and that convicts have the right to meet relatives before the execution of the death sentences, providing a strong guarantee for the rights of the accused in death penalty cases.

四是树立适应新时代要求的刑事司法理念,不断提高刑事司法水平。2019年召开的第七次全国刑事审判工作会议要求,要严格执行“保留死刑、严格控制和慎重适用死刑”的死刑政策,确保死刑只适用于及少数罪行极其严重、社会危害极大、罪证确实充分、依法应当判处死刑的犯罪分子。人民法院坚决贯彻死刑政策,确保把死刑案件都办成铁案。谢谢。

Fourth, by formulating criminal justice concepts that meet the requirements of the new era and unceasingly increasing the level of criminal justice. In 2019, the seventh conference on works related to criminal trials asked courts at various levels to strictly observe China's policy of retaining, strictly controlling, and prudently applying the death penalty. Efforts were also required to be made to ensure that the death penalty is only administered for a very small number of convicted criminals who have been found guilty of extremely severe offenses and have caused great harm to society, and that the death penalty is given with sufficient evidence according to law. The people's courts will resolutely implement the policy and ensure all death sentences are employed with ironclad evidence. Thank you.

北京周报记者:

Beijing Review:

中国共产党从国情出发,创造性地提出了生存权和发展权是首要的基本权利。我们也看到,确实在这方面中国取得了很大的成绩。在其他方面的人的权利,有没有哪些权利也取得了一些突出的成就,是需要我们对外解说的,能不能结合一些具体的例子给我们说明一下。谢谢。

Based on China's conditions, the CPC creatively put forward that the rights to subsistence and development are primary and basic human rights. In this regard, China has indeed achieved enormous progress. But in other areas of human rights, are there any prominent achievements that we can tell the world? Could you illustrate with some specific examples? Thank you.

鲁广锦:

Lu Guangjin:

你提出这个问题,从人权角度来说是全面的,也是综合性的,绝对不是生存权、发展权这两项问题。因为按照人权的普遍性原则,也有经济社会文化权利和公民权利、政治权利等各项权利。同时,这些年还提出了环境权、和平权等等。中国人权事业的进步也不是单项的,不仅仅是生存权、发展权这方面的进步,而是全方位的,应该说是一种综合性的全面进步。刚才李法官所讲的司法制度,特别是严格控制和慎重使用死刑方面,就取得了巨大的进步。从人权的角度来说,和国际社会都是衔接的。这方面我不具体讲,刚才李法官已经讲了很多了,我们可以看到,在司法体制改革过程中,保障人权方面取得的进步是非常显著的,严格贯彻罪刑法定、疑罪从无等法律原则,保障犯罪嫌疑人合法权利,不能刑讯逼供等。我想,这方面的进步是明显的。

This is an overall question on human rights, which is not only about the rights to subsistence and development. In accordance with the principle of universality, human rights also incorporate economic, social, and cultural rights as well as civil and political rights. In recent years, environmental rights and the right to peace have also arisen. Actually, the progress of human rights in China is not a single item that comprises the rights to subsistence and development but a comprehensive and integrated advancement. Great progress has been achieved in the judicial system, as Judge Li just mentioned, especially in the strict control of the death penalty and employing it with prudence. It is basically identical to international standards from a human rights perspective. I will not expand on this, as Judge Li has already spoken about it at length. We can observe that the progress of human rights protection is remarkable in the process of judicial system reform, ranging from strictly implementing the legal principles of no punishment without law and presumption of innocence to protecting the legitimate rights of criminal suspects and prohibiting extortion of confessions by torture. I think the progress made in this area is obvious.

再比如,公民权利的保障在很多方面都有进展,包括公民的各项基本权利,人身权利保障也有显著进步。在政治权利方面,公民的参与度也在不断提高,包括参与国家事务,参与自治事务等方面都得到了更好的保障,这方面也有很多实例。

In addition, the protection of civil rights has improved in various aspects, including the basic rights and personal rights of citizens. As for political rights, civic engagement is increasing, and the right to participate in state and autonomous affairs are better protected. There are plenty of specific examples in this regard.

请何院长再补充一下。

Next, I'd like to invite Dean He to make some additional remarks.

何志鹏:

He Zhipeng:

谈不上补充,我只是粗浅地说说我的理解。我认为中国的人权在90年代时特别强调生存权、发展权,这是有它的背景的,长期以来我们在生存方面面临很多的压力。与此同时,我们的国家发展、经济社会文化,个人的发展也都有很多的瓶颈。生存权和发展权这两项权利都应当被理解成是“权利束”,就是在它下面包含着很多具体的权利。

Let me just say a few words about the question. I think the reason why China particularly emphasized the rights to subsistence and development in the 1990s is because China faced a lot of pressure in terms of survival for a long time, as well as many bottlenecks in terms of its economic, social, cultural and individual development. The rights to subsistence and development can be understood as a "bunch of rights," which means that there are many concrete rights under these rights.

我想特别补充刚才鲁教授说的,中国共产党所引领的人权事业在渐进的过程中逐渐地进行探索,我想各位可能都注意到,现在叫做全面实现小康社会,关于小康这个概念,其实就有它的人权意涵。前一段我们还一起研究过这个问题,在20世纪70年代末、80年代初的时候,我们讲“小康标准”时唯一的一个维度是经济标准,就是人均GDP,等到了21世纪初,也就是十六大召开时我们再提小康,当时说的是以前提出的“小康标准”已经实现了,GDP没问题,但是这是不是我们的目标就达到了?不是,十六大报告说,这还是不充分的小康,我们要的小康不仅仅包括基础发展,还包括民主、法治、良好的环境、大家受教育的机会。所以,这时候我们就看到,在“小康”这个总概念之下,人权的范围就在逐渐地拓展开来。

I would like to add a few more words to what Professor Lu was saying. Under the leadership of the CPC, China has gradually explored the development of human rights in a gradual manner. We all know that China put forward the goal of achieving moderate prosperity in all respects. In fact, the idea of building a moderately prosperous society reflects the implications of human rights. We studied this problem some time ago. In the late 1970s and early 1980s, the economic standard of per capita GDP was regarded as the sole measure of a well-off life. At the beginning of the 21st century, around the 16th CPC National Congress, China achieved its goal of a "well-off" standard of living, referring to the GDP growth target that we previously mentioned. However, can we say that China successfully achieved its goal? The answer is no. The report of the 16th CPC National Congress pointed out that, the well-off life we were leading was inadequate; and the goals of the well-off life were not only to meet people's basic needs, but also to achieve demands for democracy, the rule of law, a better environment and educational opportunities. Therefore, we found that the scope of human rights was gradually expanded under a comprehensive understanding of a well-off life.

现在我们从人权角度讲全面建成小康社会,都有切身体会。在我们的身边能看到蓝天白云,上学所具有的条件,受教育所具有的机会,包括就业,包括公民的知情权、参与权,各个领域,对于经济、政治、文化生活全面提升,但是是不是就满意了?刚才主持人也提到,现在是两个一百年的交汇期,只是说现在的人权事业打了一个逗号,肯定还不是最好,我们期待在这个阶段做一个小小的回顾和总结,日后做到更好。谢谢。这是我的一点理解,谢谢鲁老师。

We all have some personal experiences when we talk about building a moderately prosperous society in all respects from a perspective of human rights. We have witnessed an all-round improvement in China's economic, political and cultural life, including improvements to our living environment, educational opportunities, employment, and people's rights to know and participate in all fields of society. As the chairperson just mentioned, China is in a new period in which the timeframes of the Two Centenary Goals are converging. China's human rights situation is not perfect yet. We look forward to reviewing and summarizing at this stage, and doing better in the future. Thank you. That is all from me. Thank you, Mr. Lu.

张万洪:

Zhang Wanhong:

我作一点补充。我注意到刚才北京周报这位记者朋友他想要一些鲜活的例子,因为我来自湖北武汉,我想结合刚刚过去的武汉抗疫的经历给大家解释一下在生存权、发展权之外,党和政府做过哪些努力、有哪些成绩。去年是两大战役,脱贫攻坚和防疫抗疫,作为在武汉的居民,你提问时一下把我的思绪拉到了当年钟南山院士访问武汉,关闭离汉通道的日日夜夜。当然我们可以用习总书记在表彰大会上所作的深刻的概括,生命至上、举国同心、舍生忘死、尊重科学、命运与共等等,但是我们用人权的话语来说这些,结合我个人的体验接地气、讲故事的去讲,比如我们在保障老百姓的生命健康基础上,在生存权、发展权之外,对人民充分享有经济、社会、文化的权利,实现平等参与、社会融合与全面发展,在抗疫这种极端的情况下,像“试金石”一样做一个检验。例如在保障老百姓的教育、就业权利方面,我们及时做到了“停课不停学”和全面复工,这是什么?这就是教育权、就业权。学校和老师们恪尽职守,克服了当时软硬件的局限,各大网络运营商、网课平台、图书、期刊、数据库都齐心协力,为此作出了很多贡献。在武汉解封和复工初期,武汉有不少企业派车去车站接员工,安排员工及其家属的吃住问题,彻底解决劳动者的后顾之忧,这些都有丰富的人权内涵在里面。

I would like to add something. I noticed that the reporter from Beijing Review wanted to hear some vivid examples. I come from Wuhan and would like to talk about the efforts and achievements that the Party and the government made in fighting the epidemic based on Wuhan's experience. Last year, China faced two major battles: poverty alleviation and epidemic prevention and control. As a resident of Wuhan, your question reminds me of the days and nights when China's top epidemiologist Zhong Nanshan visited Wuhan and the city was under lockdown. At the commendation meeting on the fight against the COVID-19 epidemic, General Secretary Xi Jinping summarized by saying that China's great spirit of combating the epidemic could be characterized by putting people's lives first, nationwide solidarity, sacrifice, respecting science, and a sense of mission for humanity. However, from the perspective of human rights, I would like to tell the story of combating the COVID-19 epidemic from my own experience. For example, on the basis of protecting people's lives and health, we ensured that people fully enjoyed their economic, social and cultural rights, fulfilled the right to participate equally, and promoted social integration and well-rounded personal development. A pandemic of such magnitude represents a litmus test in terms of human rights. In terms of protecting people's rights to education and employment, we initiated a policy of "suspending classes without stopping learning" and boosted the resumption of work, production and business activities. During the epidemic, schools and teachers worked together to overcome the software and hardware limitations. Meanwhile, all sectors of society, including network operators, network course platforms, and platforms for journals, books and data, also made contributions. In the early period of lifting the lockdown and resuming work in Wuhan, many enterprises introduced measures to solve the worries of their employees, such as sending vehicles to pick up their employees and arranging accommodation and food for employees and their families. These are examples with rich human rights implications.

在保障人民文化权利方面,在疫情期间,各大网络平台为人民提供免费的在线观影、追剧、阅读的机会,各类社会组织在新的社区内部组织许多凝聚人心、传播正能量的在线文化活动。婚姻和家庭权利方面,政府高度重视解决疫情期间婚姻家庭纠纷,湖北地方妇联联手公益组织及时处置疫情期间的家庭暴力。我们的政府和社会重视和保障特定群体的信息无障碍权利和平等参与,相关举措包括在新闻发布会上大家看到的,提供手语翻译,我个人和我的志愿者团队为火神山、雷神山团队的医疗人员和听障人士我们提供无障碍沟通的支持,制作和播放手语防疫宣传片。可以看到人权在这一个个细节当中,绝对不是抽象的生存权、发展权。一言以蔽之,是中国共产党在过去一百年当中来去全面的协调和推进各项人权的共同发展。这是我用一个故事和经历来回答北京日报记者朋友的问题。

In terms of protecting people's cultural rights, major online platforms provided free online services including movies, TV dramas and online books. Various non-governmental organizations carried out online cultural activities in communities to increase public cohesion and spread positive energy. In terms of protecting people's marriage and family rights, the government attached great importance to solving marriage and family disputes during the epidemic. Joining hands with charity organizations, women's federations in Hubei helped mediate and defuse family disputes during the epidemic. China attaches great importance to ensuring equal participation rights and barrier-free information access for specific groups. Barrier-free measures were adopted, such as by providing sign language interpretation at press conferences. Meanwhile, My volunteer team and I provided barrier-free communication services for hearing-impaired people and medical personnel of Huoshenshan Hospital and Leishenshan Hospital. We also launched epidemic prevention videos in sign language. From these examples, we can see the concrete details of human rights rather than abstract concepts of the rights to subsistence and development. In short, the CPC has made comprehensive progress over the past century in human rights. This is my answer for your question by using stories and experiences.

海报新闻记者:

The Poster News APP:

有专家认为在构建全国人权话语体系时,应警惕把西方经验作为普世的人权标准,避免在人权话语上的“自我东方化”。请问该如何构建既具有民族性又具有普遍性的中国人权话语体系?谢谢。

Some experts believe that when constructing a national human rights discourse system, we should be wary of taking Western experience as a universal human rights standard and avoid "self-Easternization" in human rights discourse. How should we build a Chinese human rights discourse system that is both national and universal? Thank you.

鲁广锦:

Lu Guangjin:

这个话题确实是一个大家都在思考的话题。我先试着说一说。在谈人权的时候,我们所强调的是坚持人权的普遍性原则。同时,我们反对的是普世的人权观。普遍性的原则和普世的人权观,在我们理解是两个不同的概念。普遍性的人权观就是以联合国文献或者大家共同承认遵守的人权基本原则被遵循,来实现人权。普世的人权观是西方在资产阶级革命时期就有人提出过的,就是说按照他的思想逻辑来确定人权,实际上人权的标准就是唯一性的,因为普世我们知道,本身是基督教的概念,从天赋人权的角度引申到社会政治生活当中以后就变成了社会政治生活当中唯一的人权标准了。我们觉得这是不合适的,也是不现实的,因为各国的国情不一样,文化背景不一样,历史传统不一样,社会制度不一样,国家制度也不一样,在这种情况下,用一种人权标准来衡量世界上200多个国家和地区,显然这是不符合实际情况的,我们对这种历来持否定态度,也就是我们认为,世界上没有放之四海而皆准的人权标准。

This topic is indeed a topic that everyone is thinking about. Let me try to introduce it first. When talking about human rights, what we emphasize is the upholding of the principle of universality of human rights. At the same time, what we are opposed to is a universal view of human rights. The principle of universality and the universal view of human rights are two different concepts in our understanding. The universality view of human rights is to realize human rights by following the basic principles of human rights recognized by the United Nations documents or by everyone. The universal view of human rights was put forward by some people in the West during the Bourgeois Revolution, which means that human rights are determined according to their ideological logic, and that actually the standard definition of human rights is of uniqueness. Because we know that "the universal view" itself is a concept of Christianity. After expanding the view of natural human rights to include social and political life, it has become the only human rights standard in social and political life. We think this is inappropriate and unrealistic because different countries have different national conditions, different cultural backgrounds, different historical traditions, different social systems, and different national systems. Under such circumstances, using a single human rights standard to measure more than 200 countries and regions in the world is obviously not in line with actual situations. We have always held a negative attitude towards this; that is, we believe that there is no universal human rights standard in the world.

我们发展人权事业主要坚持三条:一是坚持人权的普遍性原则。我们已经签署并批准了多个人权公约,遵守国际人权的普遍性要求。二是从我国实际出发、从国情出发,不能简单的照抄照搬,这是解决不了问题的,而且要出大问题。中国有三个最大,这三个最大的实际是中国发展人权的根本依据所在。三是我们反对人权“教师爷”拿人权说事儿,打人权牌,拿人权做大棒,不符合他的标准就打人,这个我们觉得都是不可以的。

We mainly adhere to three principles in the development of human rights . First, we adhere to the principle of universality of human rights. We have signed and ratified several human rights conventions and comply with the universality requirements of international human rights. Second, we have to proceed from China's actual conditions and national conditions. This cannot simply be copied. Otherwise, copying will not solve the problem, and it will cause major problems instead. China is the biggest developing country with the largest population and fastest growth -- these are the realities that will affect the fundamental basis of China's development of human rights. Third, we oppose "human rights preachers" who use human rights to start a confrontation, or those who play the human rights card, use human rights as a big stick, and beat others if they don't meet their standards. We think this is unacceptable.

在人权话语对接上怎么样能够使得中国的人权话语与世界的人权话语作对接,既保持民族性又有世界性,这确实一个很令学者专家们去用心思考的问题,我们也在这方面作探讨,我想有几点可能是非常重要的:

Regarding the connection of human rights discourse, how can China's human rights discourse be connected with the world's human rights discourse, maintaining both nationality and globality? This is indeed a question that scholars and experts should think carefully. We are also exploring this aspect. I think several points are important.

首先,要有时代性特征。这个时代提出人权话语,不可能回到过去,刚才何院长也说了,一个时代有一个时代的人权。我说,一个时代有一个时代的人权话语,拿今天这个话语回到17、18世纪,欧洲革命时期恐怕显然是不行了,拿那个时代的人权话语来套今天恐怕也不行,这就是历史的发展、历史的进步,同时也体现了人权的具体性。

First, it must be characterized by the times. It is impossible to go back to the past when human rights discourse is raised in this era. Mr. He just said that every era has its own human rights. I said that every era has its own human rights discourse. Taking today's discourse back to the 17th and 18th centuries, during Europe's revolutionary years, I'm afraid it obviously would not work and it won't work to use human rights discourse from that era. This is called the evolution of history, the progress of history, and it also reflects the specificity of human rights.

第二,人权的普遍性原则。提人权话语一定要符合人权普遍性原则,不能乱提,不符合人权普遍性也不易被接受,我们也要注意这方面情况。

Second, the principle of universality of human rights. Talking about human rights discourse must conform to the principle of the universality of human rights, and it must not be mentioned indiscriminately, otherwise it will not be easy to accept and does not conform to the universality of human rights. We must also pay attention to this aspect.

第三,在中华文化的基础上作一些发挥和提高。我们的文化有我们的优势、特点,这也是我们民族的根。我们要把中国的价值观、人权观提供给世界,一定要有民族性,民族的才是世界的。当然这是一个过程,我的意思是中国要构建自己的人权话语,但是过程需要时间,很漫长,这里面有软实力,也有硬实力,主要还是要靠国家的发展、强大,要建设成社会主义现代化强国,要有强大的物质做基础,同时还要有政治文明、精神文明、法治文明等各方面的发展进步,将这些综合到一起,才能真正实现包括人权文化在内的文化软实力的提升。谢谢。

Third, we need to make some development and improvement on the basis of Chinese culture. Our culture has its own advantages and characteristics, which is also the root of our nation. We need to provide China's values and human rights views to the world and we must have a national characteristic because ethnic nationalities constitute the world. Of course this is a process. I mean that China has to build its own human rights discourse and that the process will take a long time. It will involve the use of both soft and hard power. It will mainly depend on the development and strength of the country. To build a powerful modern socialist country, it must have a strong material basis, and it must also include the development and progress of political civilization, spiritual civilization, and legal civilization, among other aspects. Only when these are integrated together can we truly improve cultural soft power, including human rights culture. Thank you.

中国妇女报记者:

China Women's News:

一直以来,如何保障流动和留守儿童的受教育权利受到广泛关注。共产党作为执政党,如何做好保障,让他们在人生的起跑线上能享有基本的权利呢?谢谢。

For a long time, the issue of how to protect the educational rights of migrant and left-behind children has received widespread attention. As the ruling party, how can the CPC ensure that these individuals can enjoy basic rights in life? Thank you.

张万洪:

Zhang Wanhong:

这个问题可以从几个层面来回答。首先,坚持平等保障理念。在本世纪初,我们党和国家确定了“两为主”的基本策略,就是“以流入地区政府管理为主,以全日制公办中小学为主”,保障流动人口子女接受义务教育的权利。其次,我觉得要充分发挥法治保障作用。事实上我们也是这样做的,除了义务教育法、未成年人保护法等法律,国务院教育部等出台涉义务教育均衡发展、完善城乡义务教育经费保障机制、解决农民工子女入学等议题的多种规范性文件,为留守儿童和流动儿童基本教育权利保障提供了制度保障和法律保障。比如,我所在的武汉市是按照相对就近原则划片安排接纳进城务工子女入读公办学校,在2010年武汉市取消了义务教育阶段的借读费。最后,我们还有一个体制优势,就是多部门合力联动,保障留守儿童、流动儿童受教育权。第一,习总书记、李克强总理等国家领导人多次针对留守儿童问题作出批示,李克强总理强调“必须依法强化家庭监护主体责任,落实基层政府、村委会和学校等的安全管理、监督、教育等责任”。第二,机构配合。民政部牵头,教育、公安、司法等相关部门协同配合,同时积极发挥妇联、共青团等组织的力量。第三,社会支持。各类媒体、舆论渠道发表主张言论,提供对策与建议。通过以小见大,看到我们体制上解决这个问题的优势,党的领导、政府主导、社会参与、多方联动才能够解决一个又一个特定群体权利保障的问题。谢谢。

This question can be answered on several levels. First, we will adhere to the concept of equal protection. At the beginning of the 2000s, our Party and the State determined a basic strategy whereby local governments should be responsible for the migrant children in their jurisdiction and that full-time public primary and secondary schools should be mainly responsible for hosting migrant children to ensure the rights of migrant children to receive compulsory education. Secondly, I think it is necessary to give full play to the protection granted by the rule of law. In fact, we actually did that: in addition to laws such as the Compulsory Education Law and the Law on the Protection of Minors, the State Council, the Ministry of Education and other departments have issued various normative documents related to the balanced development of compulsory education, the improvement of the urban and rural compulsory education funding guarantee mechanism, and the resolution of issues such as enrollment of migrant workers' children to provide systematic and legal guarantees for the basic education rights of left-behind children and migrant children. For example, the city of Wuhan, where I live, arranged to admit children of migrant workers in urban areas to public schools in accordance with the principle of relative proximity, which means they can go to schools near where they live. In 2010, Wuhan waived fees for the compulsory education of migrant students. Finally, we have another institutional advantage, which is the joint effort of multiple departments to protect the rights to education of left-behind children and migrant children. First, General Secretary Xi Jinping, Premier Li Keqiang, and other national leaders have repeatedly issued instructions on the issue of left-behind children. Premier Li Keqiang stressed that "it is necessary to strengthen the main responsibility of family guardianship in accordance with the law, and implement the safety management, supervision, education, and other responsibilities of the grassroots government, village committees, and schools." Second, we have institutional cooperation. The Ministry of Civil Affairs takes the lead, while the relevant departments of education, public security, and justice coordinate and cooperate with each other. At the same time, we give full play to the forces of the All-China Women's Federation, the Communist Youth League, and other organizations. Third, we have support from society. Various media outlets and public opinion channels publish opinions and provide measures and suggestions. By seeing the big picture from a small angle, we can see the advantages of our system in solving this problem. With the Party's leadership, government guidance, social participation, and multilateral interactions, we can solve the problem of protecting the rights of specific groups one after another. Thank you.

红星新闻记者:

Red Star News:

我的问题是,今年是建党百年,在保障人民的知情权、参与权、表达权、监督权方面,共产党有哪些理念可供分享?关于中国的人权保障经验,哪些可以被世界借鉴吸收?谢谢。

This year marks the 100th anniversary of the founding of the CPC. My question is, in terms of protecting the people's rights to know, participate, express, and supervise in society, what concepts does the CPC want to share? What can the world learn from China's experience in human rights protection? Thank you.

何志鹏:

He Zhipeng:

刚才您提到的这几项权利,我们一般理解都是公民权利特别重要的方面,知情、参与、表达和监督。如果说有哪些理念,我个人理解:

The rights you mentioned just now are generally considered particularly important aspects of civil rights, such as knowing, participating, expressing, and supervising. In terms of concepts, what I personally understand are:

第一,就是法治理念。各位都知道,我们逐渐在推进依法治国,建设社会主义法治国家,现在我们又推出了法治中国建设纲要。以法律的方式来保障公民的知情权、参与权、表达权、监督权,大概是最稳定的方式。通过总结历史的经验教训发现,只有确立良好的法律体系才有可能真正使这些权利得以有效保障。所以,各位看中华人民共和国宪法都有相关的规定。知情权方面,2007年国务院通过了政府信息公开条例,在全国人大、全国政协的运行过程中,其实就是在不断的使监督权、表达权、参与权得以实现。所有的这些行动都是有法律规范作为基础的,这是我理解的第一个理念。

First, the concept of rule of law. As everyone knows, we have progressively promoted law-based governance in a bid to build a country of socialist rule of law. Now, we have rolled out the outline for developing the rule of law in China. Ensuring people's rights to know, to be involved, to express views, and to supervise the exercising of power in a legal manner is probably the most stable method. History tells us that these rights can only be well protected by establishing a sound legal system. China's Constitution has relevant provisions in those regards. As such, the State Council in 2007 launched the regulation of government information disclosure to ensure people's right to know. The rights to be involved, to express views and to supervise the exercising of power have been realized through the working processes of the National People's Congress (NPC) and Chinese People's Political Consultative Conference (CPPCC). All these actions are based on the rule of law. That's my interpretation of the first concept.

第二,叫做渐进性理念。也就是说,我们并不是一蹴而就,因为刚才我们在探讨时也说过,人权是发展的,如果一个时代的人权和时代的经济、社会、文化水平不相应,很可能会导致既影响了人权,也影响了社会的发展,甚至在有些国家,比如在中东片面的提人权,导致了社会的颠覆。所以,我们实际上形成了这样一种逐渐推进,通过几十年的时间从法制到法治,在法治的具体内容上不断丰富和发展,这是一个很重要的原则,也是值得我们向全世界去宣讲或者向全世界分享的。

Second, the concept of gradualism, that is to say, things are not accomplished in a single stroke. As we discussed before, human rights are developing. If the development of human rights is not compatible with the economic, social and cultural development level of a particular time, it will hinder the development of human rights and society, or even subvert the whole society, just like with the one-sided human rights campaigns in some Middle Eastern countries. Therefore, over the last few decades, we have progressively developed the legal framework and law-based governance, continuously enriching relevant contents. This is an important principle which deserves to be promoted and shared with the rest of the world.

第三,我们一直讲“行胜于言”,坐而论道不如起而行之。我们在很多时候讲基层民主,基层民主不是说的,也不是靠各种各样的宣讲,而是靠实际行动,也就是说,在各个基层,包括我所在的吉林大学法学院,我们都在不同的事项上去推进民主,就是通过各种各样的委员会,真正有自己表达意见的机会、参与决策的机会。现在我们知道,从不同的机构单位一直到全国人民代表大会、全国政协,知情、表达、参与、监督都在不断提升,不断发展,这就是实践所带来的。我们现在上网去了解信息,希望政府公开,有很多人直接和政府说我要求你公开这样一份文件,这就是权利意识在提升,靠的是什么?靠的是实践。我们在实践过程中,提升了人权的理念,提升了人权整体的社会氛围,这是我初步的理解。

Third, as the saying goes, "actions speak louder than words." We often talk about grassroots democracy, which is decided by concrete actions rather than what is said or preached. In other words, every organization at the grassroots level, including the law school of Jinlin University where I work, is actively promoting democracy by various means, such as establishing various committees, through which people can express their opinions and participate in the decision-making process. As we all know, the rights to know, to be involved, to express views, and to supervise the exercising of power at different levels from grassroots institutions to the NPC and CPPCC have been constantly improved. This is a result of practices. When people get information online, many of them ask the government to disclose relevant information. This progress in the awareness of rights has been brought about by actual practice. We have raised the public awareness of human rights and improved the social atmosphere through actual practices. That is my preliminary understanding.

鲁广锦:

Lu Guangjin:

这位记者朋友实际上提出了两个问题,一个是具体的问题,何老师做了回答,后来的问题有点抽象性质,我也试着说一说。实际上这也是中国人权事业取得了巨大成功,百年来在中国共产党的领导下,我们可以说创造了人类社会人权发展的奇迹。在这种情况下我们就要思考,中国取得成功的原因何在?留下了什么宝贵的经验?我们也在想这个事情。但是,认识的角度可能不一样,我试着说一下。

In fact, you have raised two questions. Mr. He has answered the question regarding concrete actions. Now, I will answer the question regarding the abstract issues. Under the leadership of the CPC, we have created a miracle in the global human rights cause over the past century. What made China's success possible? What can we learn from history? Since we might hold different perspectives, I will talk about my understanding.

第一,坚持把人权的普遍性和国情相结合,这一条是我们发展人权积累下来的最宝贵经验。要坚持人权的普遍性,不承认人权是绝对不行的,不承认人权是人类文明社会发展进步的成果,这个也是不可以的,所以一定要遵循这样一个规律来探讨适合我们国情的人权发展。我们正是如此,我们加入了多个国际人权公约,我们又把这种条约精神和国情相结合,找到了一个好办法。比如生存权、发展权、生命权、健康权、和平权、环境权等这样一些概念都是国际上提出的,我们在结合中国实际时又把它用好了。

First, China applies the universal principles of human rights in light of the national context. This is the most valuable experience we can learn from history. We should apply the universal principles of human rights, which means we cannot deny human rights, nor deny that it is a product of human civilization and social development. Therefore, we should explore a path of human rights development that suits China's national reality. Under this principle, we have joined many international treaties on human rights and combined the spirits of these treaties with our national conditions, exploring the correct path for China's development of human rights. For example, we have successfully applied such international concepts as the rights to subsistence, development, life, health, peace, the environment and many others into China's practices.

第二,要坚持以发展促进人权。这是中国人权不断发展成功的“密码”,白皮书当中也用了这个“密码”的字眼。刚才何教授讲,它是一个渐进的、逐步的过程,这个过程怎么实现,这个过程必须以发展作为动力。我开始就讲了几个“最大”。作为人口最多的国家,怎么办?我们要解决14亿人的生存问题,要解决吃饭问题,要解决温饱问题,不发展是解决不了的,而发展以后就会带动其他各项事业的发展,而其他各项事业的发展又会带动人权保障水平的提高。我们觉得这是一条中国最为成功的经验,西方一些国家不理解,他们说三道四。

Second, we have persisted in promoting human rights through development. This is the "secret" behind China's successes in human rights. The white paper has also adopted the word "secret." As Mr. He said, it is a progressive process. How can this process be realized? Development has to be utilized as the driving force. I mentioned several "mosts" at the beginning. As the world's most populous country, what should we do? We have to solve the subsistence issues for 1.4 billion people, allowing them access to adequate food and clothing. Development is the only solution. Driven by development, other social programs will make progress as well. Advancements in other social programs will strengthen the protection of human rights. We believe this is China's most successful experience, however, some Western countries don't understand and often make improper comments.

第三,我个人理解,要坚持以人民为中心的人权理念,促进人的全面发展。这也是我们党在总结人权实践经验基础上所积累出来的一条宝贵的经验。习近平总书记2018年在致纪念《世界人权宣言》发表70周年的贺信当中,明确提出了“以人民为中心”的人权理念,并且在这个基础上提出“人民幸福生活是最大的人权”。习近平总书记这几年还提出“促进人的全面发展”,再加上“构建人类命运共同体”。所以我觉得中国人权事业发展遵循了四个逻辑:第一个逻辑,生存权、发展权是首要的基本人权;第二个逻辑,人民幸福生活是最大的人权;第三个逻辑,促进人权事业全面发展;第四个逻辑,构建人类命运共同体。

Third, from my personal point of view, we should take a people-centered approach to human rights and promote the all-round development of people. This is also a precious experience accumulated from our Party's practices on human rights protection. In 2018, General Secretary Xi Jinping sent a congratulatory letter to the 70th anniversary of the Universal Declaration of Human Rights. He specifies that China adheres to a people-centered vision of human rights and, on that basis, puts forward that living a happy life is the primary human right. Over the years, General Secretary Xi Jinping has also stressed to "promote the all-round development of people" and "build a community with a shared future for humanity." Therefore, I believe that the development of China's human rights cause has followed four pieces of logic. First, the rights to subsistence and development are both primary and fundamental human rights. Second, living a life of contentment is the ultimate human right. Third, we strive to promote the well-rounded development of human rights in China. Fourth, we aim to build a community with a shared future for humanity.

最后一点,就是中国人权事业发展取得的经验,我认为根本的一条,也是制度上的一个优势,就是中国共产党的领导同社会主义制度、尊重和保障人权的统一。我们是最大的社会主义国家,在共产党的领导下,发挥社会主义制度的优势来促进和保障人权,这种内在的逻辑关系究竟是怎样的,可以说经过这么多年的探索,我们已经发现了一些规律,我们寻求到了一些对今后实现更好发展有益的东西:坚持党的领导不动摇,坚持社会主义制度不动摇,坚持尊重和保障人权不动摇,协调一致的推进发展。同时我也认为,发展了人权,实现了尊重和保障人权,或者说在更高水平上保障人权,反过来也有利于我们党的领导,反过来也有利于社会主义制度,这样一种优势能够得到充分的发挥,是我们人权事业进步的秘笈所在。谢谢。

The last point I want to make is about China's experience on its human rights development. I believe that China's most fundamental experience and its systematic advantage lie in upholding CPC leadership and the socialist system in promoting human rights. China is the world's largest socialist country. Under the leadership of the CPC, China has leveraged the strength of its socialist system to promote and protect human rights. After years of exploration, we have found the internal logic on this issue and certain laws, as well as things that will benefit our future development. This includes upholding CPC leadership, adhering to the socialist system, resolutely respecting and protecting human rights, and promoting coordinated development. In the meantime, I also believe that developing, respecting, and protecting human rights, or pursuing human rights protection on a higher-level, is conducive to the Party's leadership and the development of our socialist system. To fully leverage these strengths is the reason behind the progress of China's human rights cause. Thank you.

寿小丽:

Shou Xiaoli:

大家对中国共产党尊重和保障人权这个话题非常关注,非常感谢各位专家的参与,也感谢各位记者朋友们,今天的吹风会就到这里,再见。

The CPC's respect for and protection of human rights has attracted wide attention. Thank you very much for the participation of all the experts and friends from the media. Today's briefing is hereby concluded. Goodbye.

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