人民监督员的职责是对人民检察院查办的职务犯罪案件,拟作撤销案件、不起诉处理或者犯罪嫌疑人不服逮捕决定的情形,实施监督。
People's supervisors may raise objections when they find that one of the following circumstances obtains in an occupational crime case dealt with by a people's procuratorate:
应当立案而不立案或者不应当立案而立案的; 超期羁押的; 违法搜查、扣押、冻结的; 应当给予刑事赔偿而不依法予以确认或者不执行刑事赔偿决定的; 检察人员在办案中有徇私舞弊、贪赃枉法、刑讯逼供、暴力取证等违法违纪情况的。
(a) where a case should have been filed for investigation but was not, or where a case was filed for investigation when it should not have been;
《规定》还专门规定了人民监督员的监督程序,保证监督工作落到实处。
The Regulations also specifically stipulate the supervisory procedures of the people's supervisors, to ensure that their work can be carried out successfully.
37. 严格责任追究,减少和杜绝酷刑案件发生。
Rigorous investigation of criminal responsibility, to reduce and put an end to the occurrence of torture cases.
公安部历来十分重视解决刑讯逼供问题,多次召开会议,下发专门文件,强调各级公安机关在侦查办案工作中必须严格依照法定程序全面收集证据,严禁刑讯逼供,并要求对发生民警严重违法违纪案件的(包括刑讯逼供致人死亡的案件),要视情追究直接领导的责任;必要时,追究分管领导和主要领导的责任。
The Ministry of Public Security has continually given full importance to solving the problem of extorting confessions through torture, and has convened conferences on a number of occasions, issuing specific documents on the subject.
It has stressed that all public security organs, when investigating cases, must gather comprehensive evidence in strict accordance with legal procedure, and that the use of torture to extort confessions is strictly forbidden.
各级公安机关始终把防止、制止刑讯逼供案件的发生作为解决职务违法犯罪问题的重点,采取行之有效的措施,不断加大监督和查处力度。
Public security organs at all levels are required at all times to place the emphasis on preventing and stopping cases involving extortion of confessions through torture, as a means to solve the problem of occupational violations of the law.
刑讯逼供案件逐年减少。
Cases involving extortion of confession through torture have decreased year on year.
38. 1999年,各级公安机关以贯彻实施《公安机关内部执法监督工作规定》、《公安机关人民警察执法过错责任追究规定》为契机,组织开展了多种形式的执法检查,巩固治理成果。
In 1999, public security organs at all levels organised and initiated various forms of law-enforcement inspection, consolidating their achievements in regard to rectification, as part of the thorough implementation of the Regulations on the Work of Internal Supervision of Law-Enforcement in Public Security Organs and the Regulations on Investigation of Responsibility for Law-Enforcement Errors Committed by People's Police in Public Security Organs.
39. 2000年,全国公安机关配合全国人大常委会开展了贯彻实施《刑事诉讼法》情况大检查活动,有力地促进了各地治理刑讯逼供问题工作的深入开展。
On 12 March 2001, the Ministry of Public Security held a video-conference on rectifying the use of torture to extort confessions, misuse of firearms or police instruments, and misuse of compulsory measures.
2001年3月12日,公安部召开全国公安机关治理刑讯逼供、滥用枪支警械和滥用强制措施电视电话会议,要求各地公安机关进一步巩固治理刑讯逼供工作成果,使这三种类型的案件有较大幅度的下降,力争不发生致人死亡案件。
They requested public security organs in all areas to further consolidate on their achievements in regard to rectifying the use of torture to extort confessions, to ensure a substantial decline in these three types of cases, and to strive to ensure that cases resulting in death do not arise.
对发生上述三种类型案件的,要依法及时查处,特别是对于造成人员死亡或者伤残的,要依法严惩,并依照有关规定严格追究有关公安机关领导的责任。
Where cases of the above three types arise, they are to be promptly dealt with in accordance with the law, and particularly in cases leading to death or injury of the party involved, strict punishment should be applied in accordance with the law, with responsibility on the part of the relevant public security organ's supervisor being ascertained strictly in accordance the relevant regulations.
各地公安机关按照公安部的要求,认真开展了相关工作。
Public security organs in all areas, in accordance with the demands of the Ministry of Public Security, earnestly embarked on the necessary work.
一些地方公安机关还结合自身存在的突出问题,开展专项治理工作,收到了良好效果。
Some local public security organs also initiated special rectification work targeting salient problems specific to themselves, with good results.
如青海省自1999年开展专项整治至2000底,全省公安系统未发生一起刑讯逼供案件。
In Qinghai province, for example, a special rectification drive was launched from 1999 to the end of 2000, and in the public security system for the whole province, not a single case of extorting confessions through torture occurred.
40. 2002年2月26日,公安部决定在全国公安机关开展队伍突出问题专项整治工作,要求坚持依法从严治警的指导原则,重点解决包括刑讯逼供等问题,坚决查处警察违法违纪案件,严肃追究领导责任。
On 26 February 2002, the Ministry of Public Security decided to initiate a rectification drive to rectify the salient problems among the police ranks of public security organs nationwide, requiring that the guiding principle of strict correction of the police in accordance with the law be adhered to, and that emphasis be placed on solving such problems as the extortion of confessions by torture; they required further the resolute investigation and handling of cases of police violation of discipline or the law, and the serious investigation of the responsibility of supervisors.
同时,查找漏洞,规范管理,建立治本的长效机制,并且自觉接受社会各界的监督。
At the same time, organs were required to investigate loopholes, standardize administration, establish lastingly effective mechanisms for tackling problems, and consciously accept the supervision of all sectors of society.
41. 2001年1月,最高人民法院将“公正与效率”列为21世纪人民法院的工作主题,强调人民法院的全部司法活动要做到审判公开、程序合法、审限严格、裁判公正、依法执行。
In January 2001, the Supreme People's Court declared that the guiding theme for the work of the people's courts in the 21st Century would be “fairness and efficiency”, stressing that all judicial activities of the people's courts must achieve the following: trials must be open, procedures legal, trial periods rigorously adhered to, judgments fair and implementation carried out according to the law.
近几年来,人民法院的各项工作都紧紧围绕这一主题展开。
In the last few years, the work of the people's courts has closely adhered to this guiding theme.
倡导司法公正,必然要求保障犯罪嫌疑人、被告人的合法权益不受侵害,要求依法惩治刑讯逼供、暴力取证等严重侵害犯罪嫌疑人、被告人人权、妨害司法公正的酷刑行为;倡导高效司法,必然要求保障犯罪嫌疑人、被告人能得到快速的、不拖延的审判,要求禁止超法定时限的侵犯犯罪嫌疑人、被告人合法权益的羁押措施,这对于惩治和防范酷刑行为,具有重要意义。
Promoting judicial fairness inevitably requires the guarantee that the legitimate rights and interests of criminal suspects and defendants are not harmed, and requires the punishment and correction in accordance with the law of the use of torture to extort confessions, the use of violence to extract testimony, and other such acts of torture that seriously harm the human rights of criminal suspects and defendants and that impair judicial fairness.
The promotion of high judicial efficiency inevitably requires the guarantee that the cases of criminal suspects and defendants will be tried quickly and without delay, and requires the forbidding and cessation of detention measures that exceed the legally prescribed time-period and which thus harm the legitimate rights and interests of criminal suspects and defendants.
This has important significance for the punishment, correction and prevention of acts of torture.
42. 近几年来,各级法院在认真执行刑法和刑事诉讼法各项规定的基础上,认真落实《人民法院五年改革纲要》(最高人民法院于1999年10月20日发布)的具体要求,不断深化刑事审判方式改革。
In the last few years, people's courts at all levels have been assiduously putting into practice the concrete requirements of the Five-Year Reform Plan of the People's Courts (issued on 20 October 1999), and have been reforming the format of criminal trials, on the basis of implementing the various regulations of the Penal Code and Code of Criminal Procedure.
新的刑事审判方式加强了庭审的公开性,突出了法庭的中立性,进一步保障了控辨双方地位、权利的平衡性。
The new format of criminal trials strengthens the openness of trials and places emphasis on the neutrality of the court, thus further assuring equality in the status and rights of the prosecution and the defence.
在新的刑事审判方式下,一切侵害犯罪嫌疑人、被告人合法权益的酷刑行为更容易被揭露、证实和惩治,因此,深化刑事审判方式改革,在总体上也有利于防范各种酷刑现象的发生。
Under this new format, any acts of torture that harm the legitimate rights and interests of criminal suspects and defendants can more easily be exposed, verified and punished.
Therefore, the deepening of reforms in the format of criminal trials has, overall, been beneficial in preventing the occurrence of various acts of torture.
43. 2003年7月,最高人民法院、最高人民检察院、公安部和司法部联合下发了《关于开展社区矫正试点工作的通知》,对罪行轻微、主观恶性较小、社会危害不大的罪犯和依法被裁定假释的罪犯等,进行社区矫正的实践探索。
In July 2003, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Circular on the Launching of Experimental Community Correction Work, with a view to implementing a practical investigation of community correction as a punishment for criminals whose crimes are minor or were committed with less malicious intent and who are of no major harm to society, as well as criminals who have already been granted bail in accordance with the law.
目前,北京、上海、天津、江苏、浙江、山东6个省、直辖市正在开展社区矫正的试点工作。
Community correction is a form of sentencing that is the counterpart to correction through incarceration.