“Respecting and ensuring human rights” has been included in the General Provisions of the Criminal Procedure Law in an amendment to the law after the term was written into the Constitution, and has been specified as an important task of the Criminal Procedure Law. As the final guarantee for the implementation of the principle of “respecting and ensuring human rights,” the People’s Courts pay much attention to human rights protection in the field of justice. During fair and effective judicatory work for years, the People’s Courts have constantly strengthened the judicial guarantee of human rights, gradually improved particular systems involving evidence, defense, investigation measures, compulsory measures, court proceedings and so forth. By doing so, they have further effectively constrained and regulated the exercise of the state’s criminal jurisdiction, strengthened the guarantee of the rights of litigants, especially criminal suspects and defendants, and effectively guaranteed human rights.

 

 

The Supreme People’s Court has formulated by law judicial documents regarding public trials, the challenge system, time limits for case hearings and execution, judicial relief, compensation for mental damage, state compensation and so on, and specified in detail the judicatory rules that the People’s Courts shall observe and the various litigation rights that litigants shall enjoy. In criminal lawsuits, the People’s Courts have adopted effective measures to guarantee litigants’ litigation rights, restrain and prevent extortion of confession by torture, regulate the procedure of exclusion of illegally obtained evidence, strictly control and prudently apply the death penalty, ensure procedural justice in death penalty cases, guarantee the legal rights and interests of juvenile defendants, improve the state compensation system, and establish a legal relief system for victims. The People’s Courts have practically carried out various measures for the promotion and protection of human rights.

 

1) Protection of the Litigation Rights of Defendants

 

The Practical Protection of Defendants’ Rights to Defense. On December 25, 2012, the Supreme People’s Court promulgated The Supreme People’s Court’s Interpretation on the Application of the PRC Criminal Procedure Law (hereafter Interpretation), which has further improved the guarantee of the right to defense, specified particular circumstances in which legal relief shall be provided for a defendant and related work procedures. In death penalty cases, the Interpretation has especially stipulated that the High People’s Courts should review death penalty cases, and that where a defendant does not engage an attorney, the courts shall inform a legal relief organization to assign a lawyer to provide defense for the defendant.[page]

 

The Practical Guarantee of the Defendant’s Right to Receive a Fair Trial. No one shall be convicted without being judged by law by a People’s Court. That is not only a basic principle of criminal procedure law, but even more is a core requirement of the Constitution in guaranteeing that the defendant receive a fair trial. Through provisions in the Interpretation, the Supreme People’s Court has further guaranteed through a concrete system the defendant’s right to receive a fair trial. For example, the defendant is entitled to the choice whether to apply for a summary procedure; for important witnesses and testimony, measures shall be taken to guarantee that the witnesses appear in court if necessary; for cases that have been ordered for retrial, the court at a higher level shall try its best to order a court at a lower level other than the original court to retry the case so as to guarantee the independence and fairness of the retrial, and so forth.

 

The Practical Guarantee of the Defendant’s Other Various Rights in a Lawsuit. Nobody shall be forced to prove himself guilty, and in judicial practice, a defendant’s pleading not guilty shall not be taken as a reason for heavier punishment. Where the term in custody has expired but the case has still not been settled, compulsory measures shall be altered by law, and extended custody shall be strictly forbidden. Provisions about the trial of a second-instance case should be practically implemented. The rate of trials of second-instance cases should be constantly increased, and the retrial should give full play to its rectification function. The principle of no appeal resulting in additional punishment shall be promoted to guarantee the defendant’s right to appeal, and it has been provided that with respect to cases that a second-instance court has ordered to be retried, the original court shall not increase the punishment of the defendant unless some new criminal facts have been found and the People’s Procuratorate has made a supplemental accusation. The system of remanding a case for retrial has been improved, and it has been ordained that remanding a case for retrial due to unclear facts and insufficient evidence may be done only once, and so on. All these provisions, which are intended to guarantee the defendant’s litigation rights, have showcased the goal of respecting and guaranteeing human rights.[page]

 

2)Strict Prohibition of Extortion of Confession by Torture and Exclusion of Illegal Evidence

 

In June 2010, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministry of Justice jointly promulgated the Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Criminal Cases and the Provisions on Several Issues Concerning the Examination and Judgment of Evidence in Death Sentence Cases, specifically providing that confessions and witness testimony obtained through illegal means such as extortion of confession by torture shall not be used as the basis for deciding a verdict, and made clear provisions about the rules and procedures of exclusion of illegally obtained evidence. The Interpretation has a special chapter providing a specific procedure about the exclusion of illegal evidence, and specifically prescribes that a defendant’s confession collected through illegal means such as extortion of confession by torture or the testimony of a witness or the statement of a victim collected through illegal means such as violence and threats shall not be used as the basis for deciding a verdict. It has provided that where a confession is extorted against the defendant’s own will through the use of corporal punishment or disguised corporal punishment, or any other actions that cause severe pain or affliction, either physically or mentally, these means shall be identified as “illegal means such as extortion of confession by torture” provided in the 54th article of the Criminal Procedure Law. Meanwhile, the provisions have also further specified the procedure for applying for the exclusion of illegal evidence, and the procedure for examining and investigating the legality of obtaining evidence. All these provisions will play an important role in practically guaranteeing judicial fairness, protecting the litigant’s legal rights and restraining behavior of illegally obtaining evidence such as extortion of confession by torture.[page]

 

3) Further Strict Control and Prudent Application of the Death Penalty, Adherence to the Criminal Policy of Tempering Justice with Mercy, and the Practical Guarantee of Procedural Fairness in Criminal Cases

 

Under the provisions in the 223rd article of the Criminal Procedure Law and the 317th article of the Interpretation, the People’s Courts guarantee the trial of any second-instance capital penalty cases; where a defendant who has been sentenced to death does not appeal the conviction but any other defendants involved in the same case lodge an appeal, the second-instance case should also be heard.

 

In reviewing death penalty cases, the Supreme People’s Court should hear the defendant in each case, and fully listen to the defendant’s statement. Where a defense counsel asks for giving a statement face to face, the interview should be arranged. Local People’s Courts are required to improve and carry out the system whereby a condemned prisoner meets with his or her relatives. Furthermore, the use of lethal injection in execution should be further spread so the execution of the death sentence is more humane.[page]

 

4) Strengthened Protection of Rights and Interests of Juvenile Suspects and Defendants

 

In reference to the physical and psychological character of minors, the judicial work on juvenile delinquency in China has explored and established a series of unique work mechanisms. For example, the “integration of education and judgment,” the report of social investigations, the filing and sealing of records of juvenile minor crimes, the “round table judgment,” psychological guidance and evaluation, social workers as probation officers, education and guidance in lawsuits, and so on. These mechanisms and systems have practically guaranteed the legal rights and interests of minors.

 

Both the Criminal Procedure Law and the Interpretation have a special chapter for prescribing the proceedings of juvenile cases, laying an important foundation for the orderly judicature of juvenile cases.

 

 

1) Adherence to Equal Emphasis on the Punishment of Crimes and the Protection of Human Rights in Judicature, and Protection of Civil and Political Rights

 

The People’s Courts insist on laying equal emphasis on the punishment of crimes and the protection of human rights, strictly implementing the criminal policy of tempering justice with mercy, and punishing various criminal offenses by law. During the five years from 2008 to 2012, the People’s Courts heard and concluded 4,141,000 first-instance criminal cases, and sentenced 5,235,000 criminals, respectively, with an annual increase of 22.3 percent and 25.5 percent, respectively. The People’s Courts severely punished by law crimes that claimed or threatened people’s lives and health, heard and concluded 14,000 criminal cases involving the production and sale of poisonous and harmful food such as toxic infant formula, lean meat powder and gutter oil, and the production and sale of fake and poor quality products as well as products failing to meet safety standards, and sentenced more than 20,000 criminals. The People’s Courts cautiously accomplished the judgment work on death sentence cases by law, strictly reviewed cases involving death sentences, and made sure that death sentences are applied only to a very small number of criminals who have committed extremely serious crimes.[page]

 

2) Proper Trial of Various Civil and Commercial Cases, and Protection to the Maximum of the Right to Property of Citizens, Fictitious Persons and Other Organizations

 

The judgment work on civil and commercial cases is related to such basic human rights and practical interests of citizens as the rights to subsistence and development. During the five years from 2008 to 2012, the People’s Courts at levels all over China vigorously strengthened their judgment work on civil and commercial cases, and properly handled cases closely related to production and the lives of the populace. The People’s Courts at all levels heard and concluded 14,749,000 civil cases at the first instance, with an annual increase of 37.8 percent. They paid attention to guaranteeing the people’s livelihood by law, and heard and concluded 2,329,000 cases involving personal injury, labor and employment, social insurance, education, health care, housing, consumption, property service and so on, with an annual increase of 104.2 percent; meanwhile, they attached importance to protecting the legal rights and interests of women, seniors and minors, guaranteeing that seniors be properly supported and that youngsters receive proper education, boosting family harmony, and maintaining social stability. They tried and closed 7,387,000 cases involving marriage, households and inheritance, with an annual increase of 24.5 percent.[page]

 

3) Proper Trial of Administrative Litigation Cases and State Compensation Cases

 

The People’s Courts at all levels spare no effort to protect the legal rights and interests of administrative counterparts, supervise and urge administrative institutions to implement administration under law, and actively direct citizens to legally and reasonably express their interest claims. In doing so, they have effectively guaranteed order in administrative management and social harmony. During the five years from 2008 to 2012, the People’s Courts at levels heard and concluded 624,000 first-instance administrative cases, with an annual increase of 32.4 percent; and heard and concluded 8,684 state compensation cases and decided compensation totaling RMB 218 million. They improved the mechanism of state compensation, strengthened the enforcement of compensation decisions, and guaranteed the realization of rights of claimants for compensation as soon as possible.

 

4) Trials of Commutation and Parole Cases by Law, and Protection of the Legal Rights of Criminals Serving Sentences

 

In January 2012, the Supreme People’s Court, together with related departments, promulgated the Provisions on Several Issues Concerning the Specific Application of Law in the Handling of Cases Related to Commutation and Parole, and jointly released the Opinions on Strengthening and Regulating Work Concerning Serving Sentences Outside Prisons. It has actively implemented the systems of commutation, public notification before a parole decision and hearing of witnesses, increased the transparency of cases related to commutation and parole, and further improved the quality of trials of commutation and parole cases. From 2010 to 2012, the People’s Courts at levels handled and heard 1,699,400 commutation cases, and heard 125,400 parole cases, effectively guaranteeing the rights of prisoners who met the legal qualifications for commutation, parole or temporarily serving sentences outside prisons.[page]

 

5)Vigorous Promotion of Work on Judicial Relief

 

In 2009, the Supreme People’s Court, together with related departments, formulated Several Opinions on Assistance to Criminal Victims. The People’s Courts at all levels have actively communicated and cooperated with the government to enact particular local relief methods, and actively and properly conduct relief work related to criminal victims in an orderly way. By doing so, they have practically guaranteed the legal rights and interests of criminal victims. During the five years from 2008 to 2012, the People’s Courts at levels reduced and remitted RMB 769 million in legal fees for litigants in poverty, with an annual increase of 11.2 percent.

 

 

The public trial is an important system defined by the Constitution of China. The People’s Courts have established a series of guarantee measures in their judicial practice, and have guaranteed hearing various types of cases by law, in a timely way and publicly. Since 2009, the People’s Courts have further intensified judicial openness, voluntarily accepted the supervision of the people, and carried out by law the system of judicial openness in trials and enforcement. Their work has brought about positive effects. With regard to the pressing major problems of the people, the People’s Courts have promised society measures for openness in six areas, namely case filing, court trials, enforcement, hearings, documentation, and the administration of judicial affairs. In October 2010, the Supreme People’s Court promulgated the Notice of the Supreme People’s Court on Issuing the Decision on the Selection of Exemplary Judicial Openness Courts. It named 100 courts, including the Beijing No. 1 Intermediate People’s Court, as “Exemplary Courts of Judicial Openness” and publicized the standards of exemplary courts at the same time.[page]

 

The first is the lawful, complete and timely publicity of information on judgments. The People’s Courts at levels all over the country have established registration halls, employing bulletin columns, bulletin boards, electronic touch screens, publicity manuals and so on to publicize information on trials, the standards for legal fees, judicial relief and the methods of multifaceted dispute resolution; set up service windows for case initiation and opened case initiation hotlines to provide one-stop service in consultation, case filing and fee collection for litigants; and built up network systems for inquiry about judgment information and a management system for information on the execution of cases so that litigants can inquire about relevant information.

 

The second is publicity about the process of judgment. When a case is heard publicly, the People’s Courts shall make public the presentation of evidence, cross-examination, arguments and pronouncement of sentences. Citizens with valid certificates may attend court trials. The People’s Courts have made the course of judgment more transparent by strengthening the audio and video recordings of trial activities. In 2010, the Supreme People’s Court formulated and issued the Notice of the Supreme People's Court on Issuing Several Provisions on the Audio and Visual Recording of Court Trials, specifically prescribing that the People’s Court shall create synchronized audio/visual recordings of the whole process of court trials of criminal, civil and administrative cases under the ordinary procedures of the first instance and under the procedures of the second instance; and that with the permission of the People’s Court, a litigant may consult and replicate the audio/video recording of the court trial.

 

The third is public verdicts. The People’s Courts announce all their judgments in a public way. Where the judgment can be pronounced in court, it should be pronounced in court. Where a judgment is to be pronounced at a fixed time or in a mandatary way, the pronouncement should be made on time. The People’s Courts are improving in a step-by-step way the system of Internet publicity of judgment documents. In 2009, the Supreme People’s Court specified in the Six Provisions on Judicial Openness that the judgment documents of a People’s Court may be publicized on the Internet except in such cases as involve the state’s classified information, juvenile delinquents, personal privacy and other matters that are not suitable to be publicized. In June 2013, the Supreme People’s Court built the “Chinese Judgements” website, and provided that the Supreme People’s Court’s judgments, orders and decisions that are legally effective should be publicized on the “Chinese Judgements” website, which belongs to the court affairs website of the Supreme People’s Court. When the judgment documents are publicized, the Web address of the judgment documents.

 

The judicial protection of human rights is one of the long-term tasks in the construction of the rule of law and still has many aspects to be improved, but I am convinced that in the future, the judicature will constantly intensify its awareness of human rights protection, pushing the cause of human rights protection in justice to a new height.

 

(The author is senior judge, research department of Supreme People’s Court of China. This article is a speech at the Sixth Beijing Forum on Human Rights.)