《新疆各民族平等團(tuán)結(jié)發(fā)展的歷史見證》白皮書
White Paper: Historical Witness to Ethnic Equality, Unity and Development
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| 六、依法維護(hù)社會(huì)和諧穩(wěn)定 | VI. Maintaining Social Harmony and Stability in Accordance with the Law |
| 自治區(qū)成立以來，新疆不斷加強(qiáng)法治建設(shè)，依法管理各項(xiàng)事務(wù)，堅(jiān)決懲治暴力恐怖犯罪，促進(jìn)各民族平等團(tuán)結(jié)，實(shí)現(xiàn)社會(huì)和諧發(fā)展。 | Ever since its founding, Xinjiang Autonomous Region has made constant efforts in strengthening rule of law, managing all affairs on the basis of law and remaining resolute in punishing violent terrorist crimes, in order to promote ethnic unity and achieve harmonious social development. |
| 獨(dú)具特色的地方立法體系基本形成。自治區(qū)地方立法機(jī)關(guān)根據(jù)憲法和法律，既享有普通省級(jí)行政區(qū)地方立法權(quán)，又享有根據(jù)自治區(qū)政治、經(jīng)濟(jì)和文化特點(diǎn)制定自治條例、單行條例的權(quán)力。截至2014年底，自治區(qū)人民代表大會(huì)及其常委會(huì)共制定具有區(qū)域特色的地方性法規(guī)150余件，作出具有法規(guī)性決議、決定30余件，批準(zhǔn)各自治州和烏魯木齊市報(bào)批的單行條例和地方性法規(guī)98件；自治區(qū)人民政府制定規(guī)章320余件。立法內(nèi)容涉及政治、經(jīng)濟(jì)、文化、教育、宗教、民族團(tuán)結(jié)、社會(huì)保障等各個(gè)方面。這些地方性法規(guī)規(guī)章的制定和實(shí)施，為維護(hù)各族人民的合法權(quán)益，促進(jìn)自治區(qū)各項(xiàng)事業(yè)的發(fā)展提供了法律保障。 | A distinctive local legislation system is now in place. According to the Constitution and state laws, the local legislature of the autonomous region enjoys both legislative power entitled to provincial-level administrative divisions and the power to enact regulations on the exercise of autonomy and separate regulations based on local special political, economic and cultural conditions. By the end of 2014, the autonomous regional people' s congress and its standing committee had formulated in total over 150 local regulations, passed more than 30 regulatory resolutions and decisions, and approved 98 separate regulations and other local regulations submitted by the various subordinating autonomous prefectures and Urumqi. The autonomous region people' s government had worked out over 320 administrative rules and regulations. The legislation covers various aspects, such as politics, economy, culture, education, religion, ethnic unity and social security. These local rules and regulations provide a legal guarantee to the legitimate rights and interests of all ethnic groups and promote the development of various undertakings of the region. |
| 依法行政能力和水平進(jìn)一步提高。自治區(qū)各級(jí)人民政府堅(jiān)持憲法和法律至上，不斷創(chuàng)新政府社會(huì)管理方式，依法管理行政事務(wù)和社會(huì)事務(wù)、管理經(jīng)濟(jì)和文化事業(yè)。逐步建立健全服務(wù)承諾、一次性告知、限時(shí)辦結(jié)等各項(xiàng)行政管理制度，取消、調(diào)整和壓減行政審批事項(xiàng)。推行評(píng)議考核制度、重大決策終身責(zé)任追究制度及責(zé)任倒查機(jī)制，實(shí)施行政執(zhí)法責(zé)任制。確立規(guī)范性文件備案審查機(jī)制，及時(shí)糾正違法和不當(dāng)?shù)某橄笮姓袨椤Ｒ婪ㄊ芾硇姓?fù)議申請(qǐng)，有效化解行政爭(zhēng)議。各級(jí)人民政府加大行政問責(zé)力度，加強(qiáng)重點(diǎn)領(lǐng)域和關(guān)鍵環(huán)節(jié)廉政風(fēng)險(xiǎn)防控，增強(qiáng)社會(huì)公眾和新聞?shì)浾搶?duì)政府及執(zhí)法部門的監(jiān)督。建立和完善群眾利益訴求機(jī)制和權(quán)益保障機(jī)制，及時(shí)處理各類行政投訴案件，嚴(yán)肅查處違紀(jì)違規(guī)行為。依法行政工作機(jī)制、各類公開辦事制度和信息公開制度逐步建立和完善。 | Further improvement has been seen in the capability and level of administration by law. The people's governments at various levels in the autonomous region uphold the supremacy of the Constitution and laws and has made continuous endeavor in innovating new forms of social management for the government to exercise administration, manage social affairs and administer economic and cultural undertakings in accordance with the law. They have established and improved in succession a number of administrative management systems, such as guaranteed service, full notification and conclusion within a time limit, in addition to annulling, adjusting and reducing items subject to administrative examination and approval. Efforts have been made to promote and implement the system of appraisal, the system of life-long accountability for major policy decisions and a responsibility tracking-down system. The system of accountability in administrative enforcement of law has been put in practice. A record-filing and review system has been established for normative documents to correct illegal and improper abstract administrative acts in a timely manner. Administrative review applications have been handled in accordance with the law to resolve administrative disputes in an effective and timely manner. The people' s governments at all levels have intensified efforts in administrative accountability, made greater endeavor in preventing and controlling risks of integrity in key sectors and links, and strengthened oversight by the general public and the media over the government and law enforcement departments. They have established mechanisms for the public to express their concerns in relation to their rights and interests. They have promptly handled administrative complaints and seriously investigated and punished those violating the discipline and regulations. A system of law-based administration, various systems of open handling of affairs and the system of information disclosure have all been set up and augmented step by step. |
| 公正司法水平穩(wěn)步提升。公安、檢察、法院相互配合、相互制約，按照法定權(quán)限和程序行使權(quán)力。公安機(jī)關(guān)依法履行職責(zé)，維護(hù)社會(huì)治安，打擊刑事犯罪，有效維護(hù)了國(guó)家安全和社會(huì)穩(wěn)定。檢察機(jī)關(guān)認(rèn)真履行檢察職能，嚴(yán)厲打擊各類刑事犯罪，嚴(yán)肅查辦貪污賄賂、瀆職侵權(quán)等職務(wù)犯罪，依法履行法律監(jiān)督職能，自覺接受各級(jí)人大和社會(huì)各界的監(jiān)督，促進(jìn)司法公正。人民法院踐行公正為民司法，保障公民、法人和其他組織合法權(quán)益，加強(qiáng)審判監(jiān)督職能，年均辦理各類案件30萬件左右，并建立健全多元糾紛解決機(jī)制、司法救助制度和執(zhí)行工作機(jī)制，推進(jìn)司法信息公開,司法效率和公正司法水平穩(wěn)步提升。2014年，新疆各級(jí)法院一審服判息訴率達(dá)86.85%，在中國(guó)裁判文書網(wǎng)上公布各類裁判文書34378份，公布執(zhí)行案件47580件。 | The level of impartial administration of justice has been steadily enhanced. The public security organs, procuratorates and courts have coordinated with and supervise one another and exercise their powers in accordance with the statutory jurisdiction and procedures. Tasked with maintaining social order and punishing crime, the public security organs perform their duties in accordance with the law and effectively safeguard state security and social stability. The procuratorates have earnestly performed their functions as the public prosecutors, striking severe blows at different types of criminal offences, thoroughly investigated and handled various white-collar crimes such as embezzlement, giving and taking bribes, malfeasance, and rights encroachment, exercise their function of legal supervision, and consciously subject themselves to the supervision of the people' s congresses at various levels and the society at large in order to better ensure judicial justice. Observing the principles of upholding justice, administering justice for the people and protecting the legitimate rights and interests of the citizens, legal persons and other organizations, the people' s courts have strengthened the function of adjudication supervision, handled an annual average around 300,000 cases of various types, established and improved a multi-party dispute settlement mechanism, a system of judicial aid and a mechanism of execution, and promoted information disclosure in relation to administration of justice. As a result, gradual improvement has been observed in the efficiency of justice administration and level of impartial administration of justice. In 2014, 86.85 percent of those standing trial at courts of first instance gave up lodging appeals to courts at higher levels, and 34,378 judgment documents have been disclosed on www.court.gov.cn, so have 47,580 executed cases. |
| 法治工作隊(duì)伍建設(shè)不斷加強(qiáng)。截至2014年，全區(qū)法院系統(tǒng)共有9656人，其中少數(shù)民族4192人；檢察系統(tǒng)共有5994人，其中少數(shù)民族2293人。公安機(jī)關(guān)不斷整合警力資源，隊(duì)伍的專業(yè)化水平和執(zhí)法能力穩(wěn)步提升。司法行政機(jī)關(guān)大力加強(qiáng)隊(duì)伍建設(shè)，充實(shí)基層一線力量，干警的履職能力和水平不斷提高。法律服務(wù)隊(duì)伍從新疆實(shí)際出發(fā)，擴(kuò)大服務(wù)范圍，提高服務(wù)水平。截至2014年底，全區(qū)共有各類法律服務(wù)機(jī)構(gòu)1503家、各類法律服務(wù)人員8206人。其中有律師事務(wù)所435家、律師4092人；公證處125個(gè)，公證員435人；基層法律服務(wù)所738家，基層法律服務(wù)工作者2601人；司法鑒定機(jī)構(gòu)93家，司法鑒定人員813名；法律援助機(jī)構(gòu)112個(gè)，法律援助工作人員265人。 | The contingent of law work has continuously strengthened. By 2014, courts in the autonomous regions had a total of 9,656 law workers, including 4,192 from ethnic minorities; the procuratorates had a total of 5,994 staff members, of whom 2,293 were from minority ethnic groups; and the public security organs have made constant efforts to integrate the police resources, resulting in a steady uplift in their professional and law enforcement capability. The law-enforcing administrative organs have made great efforts to strengthen their ranks, strengthened front-line forces at the grassroots level and the policemen and officers have displayed steady improvement in their competence and capacity to perform their duties. Proceeding from Xinjiang' s reality, the legal service teams have extended the range of and improved the level of service. By the end of 2014, Xinjiang had a total of 1,503 legal service agencies of various types, employing 8,206 legal professionals. Of these, 435 law firms employed 4,092 lawyers; 125 notary offices were manned by 435 notaries; and 738 were community-level legal service offices which hired 2,601 legal service workers. There were 93 judicial expertise institutions with 813 judicial experts. There were also 112 legal aid agencies with 265 workers. |
| 法治宣傳教育持續(xù)開展。1985年以來，新疆已連續(xù)實(shí)施了6個(gè)五年普法規(guī)劃。普法宣傳教育結(jié)合新疆實(shí)際，廣泛開展了憲法、民族區(qū)域自治法和婚姻法等法律法規(guī)的普及宣傳工作，圍繞自治區(qū)反恐維穩(wěn)和“去極端化”工作，深入開展“反暴力、講法治、講秩序”宣傳教育活動(dòng)，筑牢各族群眾反恐維穩(wěn)的思想基礎(chǔ)。不斷創(chuàng)新法治宣傳教育方式，加強(qiáng)法治文化陣地建設(shè)，加大媒體法治宣傳教育力度?！胺ㄖ涡陆本W(wǎng)站成為西北地區(qū)第一家大型普法網(wǎng)站，“法律與你同行”“法治在線”廣播節(jié)目等一批有特色、有影響的法治宣傳品牌節(jié)目、欄目形成。圍繞法治“進(jìn)機(jī)關(guān)、進(jìn)鄉(xiāng)村、進(jìn)社區(qū)、進(jìn)學(xué)校、進(jìn)企業(yè)、進(jìn)單位”，扎實(shí)推進(jìn)法治實(shí)踐。2011年，《新疆維吾爾自治區(qū)法制宣傳教育條例》頒布，法治宣傳教育工作進(jìn)入法治化軌道。截至2014年，自治區(qū)有60個(gè)村被命名為“全國(guó)民主法治示范村”，2個(gè)地州和21個(gè)縣（市、區(qū)）被命名為“全國(guó)法治城市創(chuàng)建工作先進(jìn)單位”。 | The autonomous region constantly promotes education and publicity concerning the rule of law. Since 1985, Xinjiang has implemented six five-year programs in spread of legal knowledge. In the course of carrying out these programs, due consideration has been given to the actual situation in Xinjiang, with major attention being extended to the publicity of such statutes as the country' s Constitution, the Law on Ethnic Regional Autonomy, and the Marriage Law. Centering around the situation of combating terrorism, safeguarding stability and countering extremism in the region, in-depth publicity and education activities themed "anti-violence, rule of law and order" have been carried out to arouse the awareness of people of all ethnic groups there, aiming at laying a solid ideological foundation for combating terrorism and maintaining stability. The region has constantly worked out new ways in the publicity of and education in law-based governance to inspire a culture of rule of law. The media has also intensified its efforts in the public of rule of law. The www.fzxj.cn has turned out to be the first large website in the northwest region to promote the law, and a number of distinctive and influential radio programs and columns publicizing legal knowledge have been emerged, and they included "The Law and You" and "Rule of Law Online." Solid progress has been made in promoting rule of law in Party and government organs, rural areas, urban communities, schools, enterprises and all social entities. In 2011, the Regulations of Xinjiang Uygur Autonomous Region on Publicity and Education in Rule of Law were promulgated, making the work embark on law-based orbit. By 2014, 60 villages in the region had been named "National Model Villages of Democracy and Rule of Law," and two prefectures and 21 counties (county-level cities, urban districts) had been nominated as "National Model City for Promoting Rule of Law." |
| 依法嚴(yán)懲暴力恐怖犯罪。20世紀(jì)90年代以來，境內(nèi)外“三股勢(shì)力”（民族分裂勢(shì)力、宗教極端勢(shì)力、暴力恐怖勢(shì)力）策劃和組織實(shí)施了爆炸、暗殺、投毒、縱火、襲擊、騷亂及暴亂等一系列暴力恐怖事件，給各族人民群眾的生命財(cái)產(chǎn)造成了極為嚴(yán)重的損失。其中，2009年烏魯木齊“7·5”打砸搶燒嚴(yán)重暴力犯罪事件，造成197人死亡，1700余人受傷，財(cái)產(chǎn)損失難以估算。2014年喀什莎車“7·28”嚴(yán)重暴力恐怖事件造成無辜群眾37人死亡，13人受傷，31輛車被打砸燒毀。暴力恐怖犯罪分子血淋淋的罪行，充分證明了他們絕不是什么“民族”利益、“宗教”利益的代表，而是影響新疆民族團(tuán)結(jié)、社會(huì)穩(wěn)定的重大現(xiàn)實(shí)禍患。 | Violent and terrorist crimes are punished severely in accordance with the law. Since the 1990s, the three forces (ethnic separatism, religious extremism, and violent terrorism) working from bases both inside and outside China have planned and staged a series of incidents of terror and violence, such as explosion, assassination, poisoning, arson, assault and riot, in Xinjiang and elsewhere, causing great loss to the lives and property of innocent civilians of all ethnic groups. Of them, the July 5 riot in Urumqi in 2009 killed 197, injured over 1,700, and caused huge property damage. Again, the terrorist attack in Kashi' s Shache County on July 28 claimed 37 lives and injured 13, with 31 vehicles being smashed or burned. These violent and bloody crimes show clearly that the perpetrators are anything but representatives of "national" or "religious" interests. They are a great and real threat to ethnic unity and social stability in Xinjiang. |
| 自治區(qū)各級(jí)司法機(jī)關(guān)堅(jiān)持法律面前人人平等、犯罪必懲原則，嚴(yán)格區(qū)分一般刑事犯罪與暴力恐怖犯罪，是什么問題就按什么問題處理，堅(jiān)決維護(hù)社會(huì)公平正義。公安機(jī)關(guān)嚴(yán)密防范和嚴(yán)厲打擊暴力恐怖犯罪，絕大多數(shù)的暴力恐怖團(tuán)伙被摧毀在預(yù)謀階段；人民檢察院依法履行批準(zhǔn)逮捕、審查起訴職能，嚴(yán)格履行對(duì)偵查、審判活動(dòng)的法律監(jiān)督職能；人民法院嚴(yán)格執(zhí)行法律，堅(jiān)持在依法保障被告人各項(xiàng)訴訟權(quán)利的前提下，對(duì)暴力恐怖犯罪的首要分子、罪行重大者堅(jiān)決依法嚴(yán)懲，對(duì)具有自首、立功等情節(jié)的，依法從寬處罰。在全國(guó)“嚴(yán)厲打擊暴力恐怖活動(dòng)”專項(xiàng)行動(dòng)中，自治區(qū)打掉了一批暴力恐怖團(tuán)伙，一批在逃人員在政策感召和家人規(guī)勸下主動(dòng)投案自首，新疆暴力恐怖活動(dòng)頻發(fā)的勢(shì)頭得到一定遏制。 | Judicial organs in the autonomous region have always upheld the principles that everyone is equal before the law and any crime shall be punished; they strictly distinguish commonplace criminal offenses from violent and terrorist crimes and handled them accordingly to firmly maintain social equality and justice. The public security organs are on high alert for signs of violent attacks and terrorism, and respond with the utmost severity. Most terrorist groups have been knocked out at the planning stage. The people' s procuratorates have performed, in accordance with the law, their functions of approving arrest, reviewing the evidence and indictment, and exercising earnest supervision over investigation and trial procedures. The people' s courts administer justice strictly, severely punishing the ringleaders and felons of violent and terrorist crimes, and extending clemency to those who confess their crimes and help with investigations, on the premise that the defendants' litigation rights are ensured in accordance with the law. In the nationwide special movement to suppress violent and terrorist activities, some violent terrorist gangs have been smashed, and some fugitives have heeded to the advice of their families and are inspired by the state policies to turn themselves in. The tendency of frequent eruptions of violent and terrorist attacks in Xinjiang has been somewhat checked. |
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