Fifty Years of Progress in China's Human Rights-中国人权发展50年-www.lawinfochina.com

Fifty Years of Progress in China's Human Rights

Promulgation date:	06-01-2000	Department:
Effective date:	06-01-2000	Subject:

The year 1999 witnessed the 50th anniversary of the founding of the People's Republic of China (PRC). For the previous half century, the Chinese people, led by the Chinese government, had unswervingly probed into and fought for the elimination of poverty and backwardness, the building of a strong and prosperous, culturally advanced, democratic country, and the achievement of the lofty ideal of complete human rights. As a result, the situation of human rights in China has seen tremendous changes.

I. A Historic Turning Point in the Progress of Human Rights in China

In the old semi-colonial, semi-feudal China, the broad masses were oppressed by imperialism, feudalism and bureaucrat capitalism, and had no human rights at all. But after New China was founded in 1949, the Chinese government and people waged a series of large-scale campaigns, rapidly sweeping away the dregs left over from the old society, and established a basic political system which could promote and protect human rights, so that the nation and society took on an entirely new look and a new epoch was started for the progress of human rights in China.

Realizing and upholding genuine and complete national independence, and creating the requisite premise for the progress of human rights. Invaded and enslaved by various foreign powers, old China lost its state sovereignty, and its people's human rights lost their minimum guarantee. The first important achievement of the Communist Party of China (CPC), which led the Chinese people to victory in the people's democratic revolution, was to drive the imperialist invaders out of China, paving the way for China to realize real independence. New China, after its founding, promptly abolished all unequal treaties which had been imposed on China by various imperialist countries and all the privileges they had grabbed from China, resolutely confiscated the property of fascist countries in China, completely uprooted the political and economic privileges of the imperialists' colonial rule in China and realized complete state independence. In the early period after the founding of New China, the Western countries, headed by the United States, carried out a total-containment policy of political non-recognition, economic blockade and military encirclement against China. They brazenly waged the Korean War in 1950, which was extended to the Yalu River, the border of China, in an attempt to strangle the newly founded PRC in the cradle. In spite of great difficulties, New China, defying brute force, was compelled to wage a just war to defend the homeland and achieved a great victory, effectively safeguarding state independence and the people's security. Meanwhile, New China firmly followed an independent and peaceful foreign policy, actively advocated and earnestly adhered to the Five Principles of Peaceful Coexistence, developed relations with foreign countries based on equality, mutual benefit, peace and friendship, successfully frustrated the isolation, blockade, interference and provocation by international antagonistic forces, and won wide respect from international society. The genuine and complete independence of China has created the fundamental premise for the Chinese people's selection of their own social and political systems and a path for development with the initiative in their own hands, for China's opening to the outside world, for steady and healthy development, and for the uninterrupted improvement of human rights in China.

Establishing and perfecting the people's democratic political system, and guaranteeing their democratic rights to be masters of their own affairs. The Chinese People's Political Consultative Conference (CPPCC), which was inaugurated in 1949, adopted the Common Program of the CPPCC, which served as the country's provisional constitution, elected the Central People's Government, and d the birth of the PRC. The Common Program clearly stipulated that state power belonged to the people, who, according to the law, had the right to vote and stand for election, and had the freedoms of ideology, speech, the press, assembly, association, correspondence, the person residence, change of residence, religious belief, demonstration and procession. It also stipulated that all the laws, decrees and judicial systems enacted by the reactionary Kuomintang government to oppress the people had been abolished, that laws and decrees were to be formulated to protect the people, and that the people's judicial system was to be established. In February 1953, China promulgated the Electoral Law of the PRC. In December 1953, a general election was held nationwide. The registered electors accounted for 97 percent of the citizens of and above the age of 18, of whom 85.88 percent participated in the election. They elected 5.669 million grass-roots deputies, and 1,226 deputies to the National People's Congress (NPC). These deputies featured wide representativeness. This was the first nationwide general election in Chinese history; it helped to realize the people's democratic right to participate in the management of state affairs. In September 1954, the First Session of the First NPC was held in Beijing. Based on the people's democracy, the session adopted the Constitution of the PRC. Before being submitted to the NPC for examination, the draft Constitution was made public for the whole country to hold a two-month discussion. About 150 million people took part in the discussion, and put forward more than 1.16 million questions and suggestions for amendments and supplements. The enacting of the national constitution on the basis of such a broad discussion by the whole country was not only unprecedented in Chinese history, but also rare in the history of the world. The Constitution prescribed the character of the state, the functions of state organs, and the rights and duties of citizens, laying a foundation for China's democracy and legal construction. The establishment and improvement of the basic political system on the basis of people's democracy provided a fundamental political guarantee for the realization of the right of the people to be the masters of their own affairs.

Carrying out the land reform and other democratic reforms, abolishing the old systems and customs which oppressed the people, sweeping away various social evils, and clearing away obstacles to the development of New China's human rights. In old China, landlords and rich peasants, who accounted for less than 10 percent of the rural population, owned some 80 percent of the land, while poor peasants, farm laborers and middle peasants, who accounted for more than 90 percent of the population, owned only about 20 percent of the land. In order to liberate the broad masses of poverty-stricken peasants and emancipate the social productive forces, New China, just after its founding, launched a vigorous nationwide land reform movement. It abolished land ownership by the feudal landlord class, and delivered the land into the hands of the farmers. As a result, more than 300 million peasants with no or little land got about 46.67 million hectares of land along with the means of production without compensation, and were exempted from the heavy land rent of about 35 billion kilograms of grain, which previously had to be paid to landlords each year, thus greatly improving the economic positions and living conditions of the peasants. At the same time, democratic reforms were carried out in the production and management systems of state-run industrial, mining and transportation enterprises. Various old systems which had oppressed and enslaved workers, such as the feudal gangmasters system practiced by bureaucrat-capitalist enterprises, were annulled. The divisive feudal trade associations and regionalism were abolished. Factory management committees and congresses of workers and staff members were established, which absorbed workers into factory management so as to realize democracy in enterprise management and make workers the real masters of their enterprises. Simultaneously, the old wage system was adjusted, a labor insurance system was introduced, and workers and administrative staff's welfare and living standards were improved.

To liberate women and abolish the feudal marriage system which discriminated against and oppressed women, in 1950 New China promulgated the Marriage Law of the PRC, which was the first law to be enacted by new China. The law completely abolished the feudal marriage system of arranged and coerced marriages, men's superiority to women, and neglect of the interests of offsprings, and cleared the way for a new marriage system of freedom of marriage, monogamy, equality between men and women, and protection of the lawful rights and interests of women and offsprings. At the same time, large-scale publicity work and a mass movement to put the Marriage Law into effect were carried out nationwide. As a result, the ideas of the equality between men and women and freedom of marriage became deeply rooted in the hearts of the people, and women's status was greatly raised.

Prostitution, drug trafficking and addiction, and gambling are social evils left over from old China, as well as chronic social diseases endangering the people's physical and mental health. They were resolutely prohibited right after the founding of New China. In November 1949, the second people's conference of Beijing took the lead in prohibiting prostitution. The city promptly closed all brothels, and provided education and medical treatment for prostitutes, enabling them to live off their own labor. Following Beijing, all other large, middle-sized and small cities nationwide successively prohibited prostitution. In a short period of time, this hotbed of crimes, which had seriously ruined women's physical and mental health and their dignity for more than 3,000 years in China, was stamped out. As for drug taking, gambling and other social evils which were closely connected with the reactionary ruling forces and the underworld in old China, the people's government, on one hand mobilized the masses to struggle against and punish drug producers, drug traffickers and gambling rings, and on the other it did extensive publicity work so as to enhance the consciousness of the masses, and reform drug addicts and gamblers. After two to three years of efforts, these social plagues, which had not vanished despite repeated prohibitions in old China, were basically wiped out, and China's social life took a new and healthy turn for the better.

Opposing ethnic oppression and discrimination, developing ethnic equality, mutual aid and unity, and carrying out the ethnic regional autonomy system. In old China, serious ethnic discrimination and oppression existed for quite a long time; many ethnic minorities, which were not recognized, were in adverse circumstances, and some minority people had to hide themselves deep in the mountains, living in isolation. After the founding of New China in 1949, the Chinese government abolished all ethnic oppression and discrimination, and liberated the minority peoples. To eliminate the estrangement produced by ethnic oppression in old China, the Central People's Government sent, between 1950 and 1952, groups to minority areas to express sympathy and solicitude, and organized groups of ethnic minorities to visit the capital and other places in China, thus strengthening understanding and friendship among all ethnic groups. In 1951, the Central People's Government promulgated the Directives on the Handling of the Titles, Names of Places, Tablets and Signboards Which Are Discriminative and Insulting to Ethnic Minorities. To carry out the ethnic equality policy, in 1953 the Chinese government started a large-scale program to identify all the country's ethnic peoples. A total of 55 ethnic minorities were identified, thus making each ethnic minority an equal member of China's family of peoples for the first time in history. At the same time, the Chinese government initiated a movement to universally promote and educate Chinese citizens in ethnic theories and policies, strongly advocated ethnic equality and unity, and opposed ethnic chauvinism, especially Han chauvinism.

Meanwhile, to change the backward economic and social situation in minority areas, the Chinese government actively and steadily carried out democratic reforms in the areas inhabited by minority peoples. On the premise of fully respecting the will of ethnic minorities, and respecting and protecting their religious beliefs, customs and habits, the Chinese government helped minority peoples to reform their backward production methods and social systems, and develop economic and cultural undertakings, thus enabling the social development of the ethnic minorities to leap over several historical stages. To guarantee the special rights and interests of ethnic minorities, the Chinese government established ethnic self-government organs and instituted ethnic regional autonomy in the areas where ethnic minorities live in compact communities. In August 1952, China promulgated the Outline for the Implementation of Ethnic Regional Autonomy in the PRC, which specifies the details of the policy of ethnic regional autonomy. The successful implementation of ethnic regional autonomy has effectively guaranteed the equal rights of ethnic minorities in the big family of China, and their right to administer their respective ethnic and local affairs in a self-governing manner.

Establishing the socialist system, and promoting social and economic development and the improvement of the people's enjoyment of human rights. After the founding of New China, the People's Government carried out the land reform and other democratic reforms, and adopted powerful measures to stabilize prices and promote economic development. It took only three years for China to heal the wounds of war, and build the national economy and the people's livelihood to the highest level in history. On this basis, the Chinese government lost no time in starting the socialist transformation of agriculture, handicraft industry and capitalist industry and commerce, thus fundamentally eliminating the system of exploitation of man by man and establishing a basic socialist economic system. Since then, the Chinese people have become the masters of their means of production and the owners of the wealth of society, thus calling forth their enthusiasm for building a new country and creating a new life, and promoting the rapid development of society and the economy, and the improvement of the people's livelihood. According to statistics, the nation's total industrial output value in 1957 increased by 128.3 percent over that of 1952, with an average annual growth of 18 percent; the total agricultural output value rose by 25 percent; and the average consumption level of all the people in the country grew by more than one third. The establishment of the socialist system has provided the basic guarantee for the people throughout the country to constantly improve their human rights situation on the basis of equal participation in economic development and sharing the fruits of labor.

Through these profound social reforms, involving getting rid of the old and creating the new, New China has not only realized a historic turning point in the development of human rights, but also initiated a brand-new starting point for further exploration and the progress and development of the cause of human rights.

II. Great Improvement in the Rights to Subsistence and Development, and Economic, Social and Cultural Rights

In the past 50 years since the founding of New China, especially since the initiation of reform and opening to the outside world some 20 years ago, the Chinese government has always put the people's rights to subsistence and development first, focused on economic construction, and made efforts to develop social productivity. Consequently, China's economy and society have advanced by leaps and bounds, its comprehensive national strength has been raised, and the people's livelihood has improved by a large margin thereby realizing two historic leaps bringing the people from poverty to having enough to eat and wear, and then to living a better-off life.

In 1952, China's GDP was only 67.9 billion RMB yuan, a figure which rose to 7,939.6 billion RMB yuan in 1998, with an average annual growth rate of 7.7 percent allowing for price rises, or over 2.5 times the average world growth rate in the same period. From 1952 to 1998, the industrial added value increased by 159 times calculated according to the constant prices, with an average annual growth rate of 11.6 percent; the agricultural added value increased by 4.5 times, with an average annual growth rate of 3.3 percent; and the total foreign trade volume increased from US$ 1.13 billion in 1950 to US$ 323.9 billion in 1998, or an increase of 287 times, with an average annual growth rate of 12.5 percent. According to a United Nations estimate, China ranks seventh in the world in terms of the size of its economy; 11th in total foreign trade volume; second in foreign exchange reserves; and ninth in comprehensive national strength. At present, the GNP created by China within 12 days is equivalent to the GNP of the whole year of 1952. Now China leads the world in the output of steel, coal, cement, chemical fertilizer, TV, crops, meat, cotton, peanuts, rapeseed, fruit and other important industrial and agricultural products. China's total grain output increased from 110 million tons in 1949 to 510 million tons in 1998, or an increase of over 4.5 times, with an average annual growth rate of 3.1 percent, higher than the world growth rate during the same period. Meanwhile, the proportion of China's grain output in the world's total increased from 17 percent to 25 percent. At present, China ranks first in the world in terms of total grain output, and the average per-capita amount of grain, meat, eggs and aquatic products exceeds the world level. Hence China has thoroughly changed the situation which prevailed in old China in which the majority of the Chinese population lived in a state of starvation or semi-starvation, and has created the miracle of supporting 22 percent of the total population of the world on only 7 percent of the world's total cultivated land.

The livelihoods of both urban and rural people have leaped several stages in succession, and the consumption level has improved remarkably. In 1949, the average annual income per urban resident was less than 100 RMB yuan, and that per rural resident, less than 50 RMB yuan. In 1978, the average annual income per urban resident came to 343 RMB yuan, and that per rural resident, 134 RMB yuan. Between 1978 and 1998, the average annual income per urban resident increased to 5,425 RMB yuan, or an increase of 3.3 times allowing for price rises, with an average annual growth rate of 6.1 percent, and that per rural resident, to 2,162 RMB yuan, or an increase of 4.6 times allowing for price rises, with an average annual growth rate of 7.9 percent. The annual net consumption level of the people increased from 80 RMB yuan per capita in 1952 to 2,972 RMB yuan in 1998, and the savings deposits of both urban and rural residents grew from 860 million RMB yuan to 5,340.8 billion RMB yuan. In the early days of New China, 80 percent of urban residents' income was used to buy food and clothes, and 90 percent in rural areas, which dropped to 55.6 percent and 59.6 percent, respectively, in 1998.

The Engel coefficient (the proportion of food expenditure in consumer expenditure) of urban residents was always over 57 percent before the policy of reform and opening to the outside world was introduced, a figure which dropped to 44.5 percent in 1998, and consumption has reached the well-off level as a whole. In 1954, the Engel coefficient of rural residents was as high as 69 percent. By 1998, the consumption structure of rural residents had been greatly improved, with the Engel coefficient decreasing to 53.4 percent; their cultural, recreational and service expenditures had risen to 25.4 percent; and the proportions of accommodation and clothing expenditures were 15.1 percent and 6.2 percent, respectively. This indicates that in consumption the proportion dedicated to mere means of subsistence has remarkably decreased, and that dedicated to development and enjoyment has greatly risen. At present, over 95 percent of rural people in China have enough to eat and wear, and about 25 percent of them live well-off lives.

While making great efforts to develop the economy and improve the living standards of the people throughout the country, China has spared no effort to help poverty-stricken people have enough to eat and wear. Especially since the adoption of the policy of reform and opening to the outside world, the Chinese government has regarded it as a most urgent task to help poverty-stricken people have sufficient food and clothing. According to the government's unified plan and arrangements, a large-scale help-the-poor drive has been started throughout the country in a planned way. Over the past 20 years, the Chinese government has helped more than 200 million rural people get enough food and clothes, and has reduced the number of poverty-stricken rural population from 250 million in 1978 to 4.2 million. The proportion of poverty-stricken people in the total rural population has decreased from 30.7 percent to 4.6 percent. The average annual net income of poverty-stricken people increased from 206 RMB yuan in 1985 to 1,318 RMB yuan in 1998, and the production conditions and living standards of poverty-stricken areas have greatly improved. In the past 20 years, the poverty-stricken population worldwide has risen year by year, and the poor have become poorer. In China, however, the number of poverty-stricken people has been decreasing by 10 million every year on average, making China lead the world in the speed of reducing the number of poverty-stricken people. In 1999, the World Bank and the UN Development Program issued a report after a comprehensive survey of China's help-the-poor work, which points out: ``The number of poverty-stricken people is increasing in many places in the world, but China is an exception.'' And ``China has achieved world-renowned progress in solving the poverty problem.''

In old China, whenever serious natural disasters befell, the exposed bodies of those who had died from starvation could be found everywhere. In 1931, when eastern China was affected by floods, 400,000 people died as a result. But New China pays great attention to relief work, and makes every effort to protect and save people's lives and property, and ensure the basic needs of life of people in disaster-stricken areas. According to preliminary statistics, in the past 50 years since the founding of the PRC, the Central Government has allocated more than 30 billion RMB yuan as relief funds for serious natural disasters, solving the problem of provisions in 2.2 billion cases, helping over 800 million people rebuild their homes, rebuilding more than 100 million collapsed houses, providing billions of items of clothing for 200-odd million people and curing a billion cases of disease or injury resulting from disasters.

The rights of workers have been realized to the full. In 1949, the number of unemployed workers was 4.742 million, with an unemployment rate of 23.65 percent. In addition, millions upon millions of peasants were bankrupt. In 1998, the number of employed people nationwide totaled 699.57 million, and the number of registered unemployed persons was 5.71 million, with a registered unemployment rate of 3.1 percent. Three security systemsthe basic living security system for people laid off by state-owned enterprises, unemployment insurance and the basic living security system for residents of cities and townshave been established, and thus the basic needs of life of laid-off and unemployed people have been effectively guaranteed. Meanwhile, wages have been rising rapidly; the average annual income of employees in cities and towns increased from 445 RMB yuan in 1952 to 7,479 RMB yuan in 1998, or an increase of 3.8 times based on comparable prices. According to the law, the working time has been shortened from eight hours a day and 48 hours a week in the past to the present eight hours a day and 40 hours a week. Before the founding of the PRC, there were only a few small training schools for technicians in the whole country. But now, a multi-form and multi-layer vocational education and training system has been established, basically meeting the needs of economic construction. The proportion of new employees in cities and towns receiving various types of training has reached 70 percent.

There was no social security system for employees in old China, but in New China a comprehensive and well-funded social security system has gradually emerged. At present, except for some ex-employees whose pensions are still paid by their old enterprises, the number of people participating in the basic retirement insurance policy is 94.33 million, a coverage rate of 84 percent. Among them, there are more than 28 million retired people. At the end of 1999, a total of 99.12 million employees were covered by unemployment insurance, more than 15 million unemployed were receiving relief funds and 7.5 million unemployed people had been re-employed. Since the founding of New China, the state has set up free medical services and a labor-protection medical care system at public expense, and at the end of 1998, 177.81 million persons were benefiting from these services. Insurance against injury at work is now practiced in more than 1,700 cities and counties throughout the country, covering over 37.8 million employees, and childbirth insurance is available in 1,412 cities and counties, covering 27.77 million women employees. By the end of October 1999, 668 cities and 1,638 counties in the country had established systems for ensuring basic living needs, benefiting two million residents living in poverty.

In old China there was not even the most basic medical and health service for ordinary people. But nowadays, medical institutions can be found everywhere, and a comprehensive medical and health service system has begun to emerge. In 1949, China had only 3,670 medical institutions, 84,600 hospital beds and 505,000 medical and health personnel, and there was only 0.15 hospital bed, 0.93 medical and health personnel, 0.67 doctor and 0.06 nurse (paramedic) per thousand people. In 1998, China had 314,100 health institutions, 3.143 million hospital beds and 4.4237 million medical and health personnel, and there were 2.4 hospital beds, 3.64 medical and health personnel, 1.65 doctors and one nurse (paramedic) per thousand people. The people's health has greatly improved. The incidence of acute epidemic diseases has decreased from 20,000 per 100,000 people before the founding of the PRC to 203.4 per 100,000 people; the death rate, from 33 per 1,000 people to 6.49 per 1,000 people in 1994, and the infant death rate from 200 per 1,000 to the present 33.1 per 1,000. The average life expectancy of Chinese people has increased from 35 years in 1949 to 70.8 years at present, 10 years longer than that of the developing countries and the same as that of the medium-developed countries.

Culture and education in old China were extremely backward. Most working people had almost no opportunity to receive education. However, the right to receive education in New China is guaranteed and realized. In 1998, nine-year compulsory education was practiced in areas where 73 percent of the population live. The enrollment rate for primary school-age children has increased from 20 percent before 1949 to 99.3 percent, and for junior middle school-age children, 87.3 percent. These figures exceed the average figures for developing countries in the corresponding period. Over the past 50 years, 230 million illiterates have been taught to read and write, the illiteracy rate has decreased from 80 percent of the total population to 14.5 percent; adult illiteracy rate has decreased to below 5.5 percent. In 1998, the numbers of students enrolled in institutions of higher learning and middle schools had increased by 22.99 and 41.11 times, respectively, compared to the highest figures before 1949; the educated population was close to 300 million persons, and the number of students enrolled reached 230 million persons. Between 1949 and 1990, the total number of postgraduates and graduates from universities and colleges was 7.6082 million, nearly 40 times the total for the years 1912 to 1948.

China has made universally acknowledged achievements in realizing its people's rights to subsistence and development, and economic, social and cultural rights over the past 50 years. Articles published in October 1999 in the New York Times and in September 1999 in the International Herald Tribune, published in the United States, point out: "The great achievement made by China of solving the problems of food, clothing and housing for one quarter of the world's population will be written in the annals of history." "Today, ordinary Chinese citizens enjoy better health, nutriment, education and living standards than in any period in the Middle Kingdom's long history."

III. Civil Rights and Political Rights of Citizens Effectively Safeguarded

Since the founding of the People's Republic, China has made great progress in its efforts to build its democratic and legal systems, and people's civil rights and political rights are maintained and guaranteed according to law.

China's Constitution clearly states that "All power in the People's Republic of China belongs to the people." The organs through which the people exercise state power are the NPC and local people's congresses. Deputies to the people's congresses at all levels are elected, and are responsible to and accept supervision from the people. In China, except for those who have been deprived of their political rights, all citizens aged 18 or above, irrespective of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence, have the right to vote and stand for election. At present, 99.97 percent of China's citizens aged 18 or above enjoy the right to vote and stand for election. According to statistics, the voting rate all over the country has maintained a level of over 90 percent. Every region, ethnic group, social stratum, organization and group has its proportion of representatives in the people's congresses at all levels. Of the 2,979 deputies elected to the Ninth NPC in 1998, 18.9 percent were workers and peasants, 21.08 percent were intellectuals, 33.17 percent were cadres, 15.44 percent were representatives of various democratic parties and non-party patriots, 9 percent were representatives of the People's Liberation Army (PLA), 1.17 percent were representatives from the Hong Kong Special Administrative Region, and 1.24 percent were returned overseas Chinese.

As the highest organ of state power, the NPC is responsible for drawing up state laws, deciding on important state affairs and electing the members of state administrative, judicial and procuratorial organs, and supervising them. China runs state affairs according to law. Since the introduction of the policy of reform and opening to the outside world in the late 1970s, the NPC and its Standing Committee have enacted more than 360 laws and legal decisions, and the local people's congresses at different levels have drawn up more than 7,000 local regulations. The NPC and its Standing Committee hear and examine and discuss the work reports of the State Council and its departments as well as the Supreme People's Court and the Supreme People's Procuratorate, and examine the implementation of laws and legal decisions. The special committees of the NPC also conduct various types of examinations of law enforcement work. In addition, the Standing Committee of the NPC receives petitions from citizens, supervises the work of judicial organs and safeguards citizens' legal rights according to law.

The system of multi-party cooperation and political consultation led by the CPC is an important part of China's democratic political system. As parties friendly to the CPC, the eight non-Communist parties participate in government and political affairs, engaging in consultations concerning state policies and leadership candidates, management of national affairs, and the drawing up and implementation of state policies, laws and regulations. On key state issues, the CPCthe party in poweralways consults the other parties, solicits their suggestions and negotiates with them. At the Ninth NPC, representatives from the non-Communist parties and non-party personages accounted for 30 percent and 21.9 percent of the Standing Committee and permanent special committees of the NPC, respectively. At present, in the departments of the State Council, the Supreme People's Court and the Supreme People's Procuratorate, members of the non-Communist parties and non-party personages occupy some senior positions. At the same time, in the country's 31 provinces, autonomous regions, municipalities directly under the Central Government and 15 cities at sub-provincial level, members of the non-Communist parties and non-party personages hold the posts of deputy governor of a province or deputy mayor or assistant to the governor of a province or to a mayor.

The people's political consultative conferences at different levels consist of members of all political parties and people's organizations, and non-party personages, with a widespread representation. The members of the National Committee of the Ninth CPPC come from 34 circles, among them, the non-Communist parties, the All-China Federation of Industry and Commerce and non-party personages, accounting for 59.5 percent of the CPPCC National Committee members and 63.4 percent of the CPPCC National Committee's Standing Committee members. The political consultative organizations play an important role in the state's political life by means of political consultation, democratic supervision and participation in the administration and discussion of state affairs. Since 1990, more than 100 consultation meetings and forums have been held between the Central Committee of the CPC, the State Council and the central committees of the non-Communist parties and non-party personages. Between 1992 and 1998, the central committees of the eight democratic parties and the All-China Federation of Industry and Commerce put forward more than 100 important suggestions concerning reform and opening up, economic construction, democratic and legal system building, anti-corruption efforts and the promotion of clean government to the Central Committee of the CPC, the State Council and relevant departments. Many of these suggestions have been adopted by the Central Committee of the CPC and the State Council.

Democracy at the grass-roots level is an important means for ensuring that citizens directly exercise their democratic rights. By directly electing members of villagers' committees and deciding upon major affairs of their villages through democratic discussions, the rural masses fully exercise their rights of democratic election, democratic policy-making, democratic management and democratic supervision. Since 1988, rural areas throughout China have already carried out three or four elections of new villagers' committees. Most of the villagers' committees have established villagers' congresses and representative conferences and the system of making public village affairs. Since the promulgation of the new Organic Law on Villagers' Committees in 1999, nearly half of the provinces, municipalities directly under the Central Government and autonomous regions have published their own laws and regulations on the election of villagers' committees. The election of villagers' committees has been increasingly standardized, and villagers' right to nominate candidates is respected. The election procedure, which guarantees the rights of voters, has been gradually regularized. The procedure involves the methods by which villagers select formal candidates through preliminary elections, formal candidates run for the election on an equal footing, voters choose from among a large number of candidates, candidates make speeches, voters mark their ballots in specially-designated rooms, ballots are counted openly, and the election results are announced on the spot. Statistics show that in provinces where elections of members for a new term of office on the villagers' committees were completed in 1999, the proportion of peasants taking part in the elections reached more than 90 percent in most cases and more than 85 percent in other cases.

China guarantees, according to law, that citizens enjoy extensive basic freedoms and rights. The Constitution clearly states that citizens enjoy freedom of speech, of the press, of assembly, of association, of procession, of demonstration and of religious belief. Freedom of the person and personal dignity, and the residences of citizens are inviolable. Freedom and privacy of correspondence of citizens are protected by law. The state has made vigorous efforts to develop press and publications undertakings, creating favorable conditions for citizens to enjoy freedom of speech and the press. Statistics show that 1998 witnessed the publishing of 30.04 billion copies of newspapers of 1,053 titles, 2.54 billion copies of magazines of 7,999 titles and 7.24 billion copies of books of more than 130,000 titles. There were 294 radio stations, 560 cable and wireless TV stations at the central and provincial levels, 1,287 broadcasting and TV stations at the county level and 75 educational TV stations. The national TV network covered over 89 percent of the population, with an audience of more than one billion. By June 1999, some 1.46 million computers in China had been connected with the Internet, with the Internet users totaling four million. In China, all social organizations that meet the regulations of the Constitution and other laws and are formed through necessary registration procedures are protected by the state. By the end of 1998, China had a total of 165,600 social organizations. These organizations and their activities are subject to the protection of the Constitution and other laws.

The state protects the freedom of religious belief and the normal religious activities of citizens. No state organ, social organization or individual may compel citizens to believe in, or not to believe in, a religion, nor may they discriminate against citizens who believe in, or do not believe in, any religion. Incomplete statistics show that China now has more than 100 million religious believers and 85,000 venues for religious activities that have been registered, with some 300,000 professional religious personnel. There are more than 3,000 national and local religious organizations and 74 religious colleges. Various religions publish their scriptures, and religious books and journals. Of them, 20 million copies of the Bible have been printed. Chinese religious organizations have established contacts with religious organizations and personnel in more than 70 countries and regions. Both the NPC and CPPCC include people who have religious beliefs and who come from various social groups and organizations. More than 17,000 religious personnel have been elected deputies to the people's congresses and members of the people's political consultative conferences at various levels.

Public security and judicial organs crack down on crimes according to law, and protect citizens' legitimate rights and interests from being infringed. According to statistics, in 1998, however, they handled 5.4 million first instance cases, including 480,000 criminal cases, 3.37 million civil cases, 1.45 million cases of economic disputes and nearly 100,000 administrative cases. The public security and judicial organs cracked down on serious crimes related to murder, explosion, poisoning, robbery, large-scale theft, rape, kidnapping, gangs, and guns, effectively protecting the safety of people's lives and property. Meanwhile, the legitimate rights of criminal suspects and the accused were protected according to law. Since 1983, people's courts have pronounced more than 40,000 people not guilty according to law because of lack of evidence of crimes.

Over the past few years, in a bid to strictly enforce laws and strengthen the protection of human rights during the judicial process, people's courts have carried out an in-depth reform of adjudication methods. Efforts have been made according to law to promote public adjudication in an all-round way, and strengthen the supervision of adjudication by society and public opinion so as to ensure judicial fairness. Except for those unsuitable for public hearing as prescribed by the law, all first instance cases are now subject to public trial. The rate of open court sessions for second instance cases has also been raised gradually. Judgments in all cases, whether subject to public hearing or not, are announced openly. While court sessions are opened for case hearing, evidence, cross-examination, attestation and debate have been conducted on the spot, thus increasing the rate of judgment announcements in court. Procuratorial organs have intensified the supervision of law enforcement by redressing according to law the problems of failure to observe the law, weak law enforcement and miscarriages of justice. In 1998, the procuratorial organs demanded that public security organs give reasons as to why 9,335 cases had not been filed, of which 5,207 cases were finally designated to be placed on file. They put forward suggestions for correcting the extended detention of 70,992 people, and raised for correction 9,964 cases which involved violation of the law during investigation. They approved the arrest of 582,120 of the 689,025 suspects transferred by public security and state security organs for examination and approval of arrest, and issued additional warrants for the arrest of 6,957 people and the prosecution of 3,904 people. They filed public charges against 557,929 of the 668,425 suspects transferred for approval of prosecution, and decided not to arrest 93,218 people and not to prosecute 11,225 people. They challenged 3,791 criminal judgments they deemed wrong, and raised 1,211 cases for correction, which involved violations of the law in the trial procedure. They also raised 9,672 cases for correction, which involved violations of the law by related departments for approving the reduction of a sentence term, release on parole, and temporary serving of sentences outside the prison. Prison authorities insist on administering prisons according to law. They have devoted great efforts to carrying out the practice of making public prison affairs to inmates, raising the transparency of law enforcement and conscientiously guaranteeing the legitimate rights of convicts. Statistics show that in 1998, some 361,000 convicts were given reductions of sentence or released on parole, accounting for 25 percent of the total imprisoned population.

The establishment and development of the lawyer and legal aid systems are playing an increasingly important role in protecting the legitimate rights and interests of citizens, and maintaining the correct enforcement of the law. Currently, China has nearly 9,000 law offices, and the number of licensed lawyers exceeds 100,000. Between 1979 and 1999, lawyers in China pleaded for the accused in three million criminal cases. In 1998 alone, they pleaded for the accused or acted as attorneys in 296,668 criminal cases. As a result, the legitimate rights and interests of the suspects and accused were effectively safeguarded. Since the Legal Aid Center of the Ministry of Justice and the China Legal Aid Foundation were established in 1996 and 1997, respectively, more than 800 legal aid institutions have been set up. This enables an increasing number of poor citizens to benefit from legal services free or at a reduced charge, according to law. Incomplete statistics indicate that in 1997, legal aid institutions at various levels and personnel engaged in legal services handled some 50,000 cases requiring legal aid, and provided legal advice to more than 400,000 people. According to 1998 statistics, such institutions and personnel in 20 provinces and municipalities handled more than 60,000 cases requesting legal aid, and offered legal advice to 800,000 people. And another survey shows that in the first half of 1999, more than 40,000 such cases were handled in 24 provinces.

Citizens have the right to criticize and make suggestions to government institutions and their staff members. They also have the right to complain, bring lawsuits against or report law-breaking activities and dereliction of duty on the part of government officials. To guarantee these rights of citizens, government institutions at all levels have set up offices receiving petitions and personal visits. And the people's procuratorial organs and administrative supervisory systems at central to local levels have established offence-reporting organs. The news media have also strengthened supervision of cases involving dereliction of duty, abuse of power and infringement of citizens' legitimate rights and interests by government functionaries. Those who have suffered losses due to the infringement of citizens' rights by state organs or government functionaries, have the right to compensation according to law. China specially formulated the Administrative Procedure Law in 1991 and the State Compensation Law in 1995. To date, nearly 440,000 administrative cases and 2,566 state compensation cases have been handled by people's courts, effectively safeguarding the legitimate rights and interests of citizens.

IV. Protection of the Rightsof Women and Children

In old China, women did not have any right at all to participate in public affairs. But since the establishment of the PRC in 1949, women's right to participate in the administration of state and social affairs has been protected according to law, with the level of their involvement in public affairs rising constantly. When the First NPC was held in 1954, women deputies only accounted for 11.9 percent of the total, while in 1998, when the Ninth NPC was convened, women deputies numbered 650, constituting 21.81 percent of the total. Women made up 6.6 percent of the total members of the First National Committee of the CPPCC. At the Ninth National Committee of the CPPCC, women accounted for 341 of the total members, making up 15.54 percent of the aggregate number. The 15th National Congress of the CPC had 344 women delegates, constituting 16.8 percent of the total. Currently, four of the state leaders are women, and 18 women serve as ministers and vice-ministers in charge of various ministries and commissions under the State Council. The Party and government leading bodies of the country's 31 provinces, autonomous regions and municipalities all have women officials, with their number rising by 46.47 percent over that five years ago. By the end of 1997, women made up 13.838 million of the government staff members and managerial, professional and technical personnel of state-owned enterprises and institutions, accounting for 34.4 percent of the total.

In old China, women had few employment opportunities. Today, women enjoy equal rights with men to work, as well as the right to acquire equal pay for equal work and special labor protection. In 1949, there were only 600,000 women workers and staff members in China, accounting for 7.5 percent of the total workforce. In 1998, women employees numbered 340.67 million, 568 times the 1949 figure and 48.7 percent of the total employees, higher than the world's 34.5 percent rate. Of the 450 million rural laborers in China, 320 million, or 71 percent, are engaged in agricultural production, of whom, 210 million are women, making up 65.6 percent of the total. There are only five countries in the world, where women's salaries equal 80 percent or more of men's, while the income of Chinese women is equivalent to 80.4 percent of that of their male counterparts. Women employees enjoy special care during menstruation, pregnancy, childbirth and lactation periods, and child-bearing women employees enjoy a three-month paid maternity leave.

In old China, 90 percent of women were illiterate, whereas in 1997, the female illiteracy rate dropped to 23.2 percent, with the illiteracy rate for young and middle-aged women down to 8.5 percent. In 1998, the primary school attendance rate for girls across the country rose from 15 percent in 1949 to 98.86 percent, basically guaranteeing the right of girls to receive compulsory education. Since 1990, the gap between the school attendance rates for boys and girls has narrowed from 1.28 percentage points to 0.1 percentage point. By 1998, Chinese women had received 6.5 years of education on average. The proportion of women students in regular institutions of higher learning rose from 19.8 percent in 1949 to 38.3 percent in 1998. The proportion of girl students in junior middle schools increased from 26.5 percent in 1950 to 46.5 percent in 1998, and that of girls in primary schools grew from 28 percent in 1951 to 47.6 percent in 1998. By the end of 1998, the Chinese Academy of Sciences and the Chinese Academy of Engineering had a total of 62 women academicians, accounting for 6 percent of the total, higher than the rate in any other country.

The physical conditions of women have greatly improved. In 1949, China had only nine maternity and child care centers, with limited numbers of beds and medical workers. But in 1998, there were 514 maternity and child care hospitals and hospitals for gynecology and obstetrics, with 87,000 beds and 82,000 medical personnel, and 2,724 health care centers for women and children, with 88,000 medical personnel. A national health care network for women and children has been initially formed. During the early years of the People's Republic, due to poor health care conditions, old methods prevailed in deliveries, and the mortality for pregnant and lying-in women was as high as 1,500 per 100,000. By 1998, China had 47 hospitals for gynecology and obstetrics, with 108,634 gynecologists and obstetricians trained in Western medicine. The number of midwives rose from 13,900 in 1949 to 48,696 in 1998, and that of rural midwives exceeded 310,000. Some 66.8 percent of women gave birth in hospital, modern methods were adopted for 94.5 percent of deliveries in rural areas, and the mortality of pregnant and lying-in women dropped to 56.2 per 100,000. The average life expectancy of Chinese women rose from 36 years in 1949 to 73.2 years in 1997. This is 4.5 years higher than the figure for men and eight years higher than the average life expectancy of 65 years set as a goal by the United Nations for women all over the world by the year 2000.

China has adopted practical measures to develop hygienic and health care undertakings for children, protecting the life and health of children. In 1949, there were only five children's hospitals in China, with 139 beds. By 1998, children's hospitals numbered 37 throughout the country, with 9,808 beds and 60,446 pediatricians trained in Western medicine. In addition, more than 15,000 hospitals at or above the county level had set up departments of gynecology, obstetrics and pediatrics. The incidence of tetanus among the newborn dropped to 0.27 per thousand. Infant mortality declined from 200 per thousand in the early years of New China to 33.2 per thousand in 1998, and the mortality of children under the age of five was down to 42 per thousand. Meanwhile, the physical conditions of children have improved noticeably. In 1997, the mortality rate of children under five caused by diarrhea had fallen by 67.8 percent compared with that in 1991, and that caused by pneumonia was down 44.6 percent. The incidence and mortality of measles for Chinese children had dropped by 98.1 percent and 99 percent, respectively, from the figures for 1978. When implementing the universal immunity program for one-year-old children in 1997, 96 percent of children were inoculated with BCG vaccine, 96 percent were inoculated against whooping cough, diphtheritis and tetanus, 97 percent against polio, and 95 percent against measles.

Early education for children has improved rapidly in China. In 1990, only 32 percent of children from three to six years old entered kindergartens, while by the end of 1998, China had had 180,000 kindergartens with an enrolment of 24 million and about 70 percent of children attend kindergartens for one year before they go to school. A sample survey shows that 94.8 percent of new pupils in grade one of primary schools across the country have received preschool education.

V. Equal Rights and Special Protection for Ethnic Minorities

Since the founding of the PRC, ethnic minorities, along with the majority Han ethnic group, have been the masters of the state, equally enjoying all of the civil rights granted by the Constitution and laws, and in addition enjoying the special rights of ethnic minorities according to law.

The right of the ethnic minorities to participate on an equal footing in state administration is guaranteed. In the NPC and the CPPCC National Committee of the successive terms, the percentage of ethnic minority deputies and members has exceeded the proportion of the ethnic minority population in the national population. Ethnic-minority deputies accounted for 14.37 percent of the Ninth NPC deputies selected in 1998, and for 11.7 percent of the members of the Ninth National Committee of the CPPCC both surpassing the 8.9 percent proportion of the ethnic minority population in the national population. Each of the 55 ethnic minorities has its own deputies and CPPCC National Committee members. There are over 2.7 million ethnic-minority cadres throughout China, and a fairly large number of ethnic-minority personnel working in central and local state organs, administrative organs, judicial organs and procuratorial organs.

China practices ethnic regional autonomy in areas where minority peoples live in compact communities. According to the relevant laws, among the chairman or vice-chairmen of the standing committee of the people's congress of an autonomous area there must be one or more citizens of the ethnic group or groups exercising regional autonomy in the area concerned. The head of an autonomous region, autonomous prefecture or autonomous county shall be a citizen of the ethnic group exercising regional autonomy in the area concerned, and the other members of the people's governments of these regions, prefectures and counties shall include members of the ethnic group exercising regional autonomy as well as members of other ethnic minorities as far as possible.

The people's congresses of the autonomous areas have the right to enact regulations on the exercise of autonomy and separate regulations in light of local political, economic and cultural characteristics. By the end of 1998, 126 regulations on the exercise of autonomy and 209 separate regulations had been enacted by the autonomous areas. If resolutions, decisions, orders and instructions from the higher-level state organs are not suited to the actual conditions of the autonomous areas, the organs of self-government of these areas may be flexible in carrying them out or may decide not to carry them out after gaining approval from the higher state organs. Furthermore, in accordance with state laws and regulations, organs of self-government in autonomous areas also enjoy the right to control their economies and local finances, the right to develop educational, scientific, technological and cultural undertakings, and the right to use and develop the local spoken and written languages.

Before the founding of the People's Republic in 1949, economy, culture and social development were very backward in its ethnic minority areas. People of ethnic minorities mainly engaged in agriculture and animal husbandry and lived in poverty. Since 1949, the state has adopted special policies and measures to assist and support the economic development and social progress of the ethnic minority areas in the aspects of capital, technology and personnel. According to statistics, the total industrial and agricultural output value in autonomous areas grew from 3.66 billion RMB yuan in 1949 to 852.35 billion RMB yuan in 1998. The output of pig iron, raw coal, crude oil and generated energy in these areas increased respectively from 9,000 tons, 1.78 million tons, 52,000 tons and 80 million kilowatt-hour in 1952 to 7.02 million tons, 175.69 million tons, 20.47 million tons and 132.11 billion kilowatt-hour in 1998. The railway traffic mileage, highway traffic mileage and postal routes totaled respectively 17,100 kilometers, 376,400 kilometers and 1.14 million kilometers, or 4.5 times, 12.8 times and 8.6 times the 1952 figures respectively. The grain output grew from 15.82 million tons in 1952 to 71.5 million tons in 1998, and the total number of large livestock from 24.39 million head to 55.65 million head. Remarkable improvements have been made in the lives of the minority peoples. In 1997 in ethnic-minority autonomous areas, the net income per peasant had reached 1,633.11 RMB yuan, or 21.5 times the 1980 figure; the per capita possession of grain came to 424.4 kilograms, or 1.5 times the 1978 figure; and the average salaries of employees amounted to 5,593 RMB yuan, or 7.9 times the 1981 figure.

In old China, the illiteracy rate among ethnic minorities was often over 95 percent. Only 10 percent of school-age children attended school in Ningxia, 97 percent of the people in Tibet were illiterate, and there were only 16 secondary schools in Inner Mongolia. Since the founding of the People's Republic, the educational situation in ethnic-minority areas has been improved remarkably, and the illiteracy rate has been reduced by 68 percentage points. By 1998 in ethnic autonomous areas, there were 94 institutions of higher learning with 226,400 students, 13,466 middle schools with 5.2964 million students, and 90,704 primary schools with 12.409 million pupils. To date, the state has independently founded 12 specialized ethnic universities and institutes, 59 ethnic teachers' training schools, 158 ethnic secondary vocational schools, 3,536 ethnic middle schools, and 20,906 ethnic primary schools. Since 1990, the gap between the school attendance rate in the areas inhabited by minority peoples and the average national level has been reduced from 3.7 percentage points to 0.7 percentage point.

The fine traditional cultures of ethnic minorities are being preserved. Chinese law provides that all ethnic groups have the freedom to use and develop their own spoken and written languages. The organs of self-government in ethnic autonomous areas all use one or more languages of their areas to carry out their responsibilities. When several languages are current, they may mainly adopt the language of the ethnic minority exercising the regional autonomy. Since the 1950s, the Chinese government has helped a dozen minority peoples create or improve 13 scripts. The state has established special bodies to organize the editing and publishing of ancient writings of ethnic minorities. More than 120,000 titles of such works have been collected, of which over 110,000 have been edited and 5,000 published. More than 3,000 experts and scholars organized by the state have completed the editing and publishing of five series of books on ethnic-minority issues, including A Brief History of China's Ethnic Minorities, Brief Records of Ethnic Minorities' Languages and A General Survey of Ethnic Minority Autonomous Areas, comprising over 400 titles with 90 million words. Now each of the 55 ethnic minority groups has a brief written history. The Chinese government has set up special institutions for the preservation, translation and research of the three major epics of ethnic minorities: Gesar, Jianggar and Manas. The three epics and treatises concerning them have been published in the appropriate ethnic-minority languages, in Chinese and in other languages.

The state respects the folkways and customs of minority peoples in such aspects as diet, burial, festivals and marriage. Minority peoples also enjoy freedom of religious belief, supported by specific state policies. To date, there are more than 18 million believers in Islam among ethnic minorities, over 30,000 mosques and 40,000 imams and ahungs. The Xinjiang Uygur Autonomous Region has more than 8.1 million religious believers, accounting for over 56.3 percent of its total population, 23,000 places for religious activities (over 20,000 mosques included), 29,000 religious personnel and over 80 religious groups. In Tibet, there are more than 1,700 places for Tibetan Buddhist activities, and 46,000 lamas and monks.

In old China, the medical and health conditions in ethnic minority areas were extremely backward. Endemic and epidemic diseases ran rampant, and the population declined steadily. Since the founding of New China, medical and health conditions in such areas have been remarkably improved, the populations have increased rapidly and the standard of health has risen greatly. According to statistics, medical and health institutions in ethnic autonomous areas grew from 361 in 1949 to 16,724 in 1998, the number of hospital beds grew from 3,310 to 392,671 and the number of medical personnel from 3,531 to 605,255. In 1998, the Tibet Autonomous Region had more than 1,300 medical and health institutions, or 21 times the 1959 figure, and over 6,700 hospital beds, or 17.6 times the 1959 figure. The population of ethnic minorities in China was only 34.013 million according to the first national census of 1953, but it had reached 108.46 million in 1995. In the ethnic-minority areas, both the death rate of the people in general and the mortality rate of infants keep going down. For example, in the Tibet Autonomous Region the mortality rate of women in pregnancy and childbirth decreased from five percent in 1959 to 0.7 percent in 1998, and the infant mortality rate from 43 percent in 1959 to 3.677 percent in 1998. Meanwhile, the average life expectancy of minority peoples has been prolonged from less than 30 years before 1949 to the current 65 years.

VI. The Cross-Century Development Prospects for Human Rights in China

Fifty years is but a moment in human history. Nevertheless, in the past 50 years the Chinese people have made a great historic leap in the development of human rights. In safeguarding and promoting human rights, although setbacks occurred, one indisputable basic fact is that after unremitting efforts over half a century, the poverty-stricken, weak and humiliated old China has become an independent New China in the early stage of prosperity, and the 1.25 billion Chinese people have become the masters of their own destiny. They have changed the terrible situation of chronic hunger, cold and ignorance, rid China of the label of "The Sick Man of East Asia," lead a civilized and healthy life of plenty, and enjoy unprecedented democracy and freedom. We can say that the human rights situation in present-day China is totally different from that of the old China even compared with the years before the initiation of reform and opening-up, the great progress that has been made in this respect is universally acknowledged.

Nevertheless, it must be admitted that China is still a developing country. Limited by impediments of natural, historical and economic development, there is still room for improvement with regard to the levels of China's democracy and legal system building, the degree of social civilization and people's living standards. However, on the basis of 50 years of development, especially with the successful experiences accumulated in the past 20 years of reform and opening-up, the Chinese government and people are capable of solving the problems on the road of advance, and will make constant progress in their endeavors to improve human rights.

First, to fully realize human rights is a basic goal of China's cross-century development. After China adopted the policy of reform and opening-up, it worked out a cross-century economic development strategy to realize modernization in three stages, each stage being aimed at enhancing China's overall national strength and improving the Chinese people's living standards. This inevitably entails improving the human rights situation. The goals of the first and second stages to solve the problems of food and clothing of the entire Chinese people and to enable them to live a relatively comfortable life have already been basically achieved; the goal of the third stage to reach the level of the medium-developed countries in the mid-21st century, so that the entire Chinese people can realize common prosperity already has a relatively good foundation. At the 15th National Congress of the CPC held in 1997, on the basis of summing up experiences, and from the height of China's cross-century development, while reiterating the three-stage development strategy, emphasis was placed on democracy and legal system building. The congress stressed the continuance of the reform of the political system, the further expansion of democracy, the perfection of the legal system, and making "exercising the rule of law'' a basic state policy. In March 1999, the Second Session of the Ninth NPC included "exercising the rule of law and building a socialist country governed according to law'' in the Constitution, making ``exercising the rule of law and building a country governed according to law'' a basic goal of the reform of the political system and the democracy and legal system building, which is fixed in the form of the fundamental law of the state. The essence of this goal is guaranteeing that the Party and the government control political power and administer the state according to law, that the law-enforcement departments work in accordance with the law, and that the citizens exercise their rights and perform their duties in accordance with the law. In short, we must guarantee human rights in the country's laws and systems. Therefore, the implementation of the strategy of exercising the rule of law and the realization of the goal of building a country governed according to law possess important and essential significance in guaranteeing human rights and promoting China's cross-century development of human rights.

Second, since China introduced the policy of reform and opening-up, it has found a road for the promotion and development of human rights that suits its reality. China is a developing country in the East with a long history and a huge population, but with a relative shortage of resources and wealth. To promote human rights in such a country, China cannot copy the mode of human rights development of the developed Western countries, nor can it copy the methods of other developing countries. China can only start from its own reality and explore a road with its own characteristics. Since the introduction of the policy of reform and opening-up, China has, on the basis of summing up its historical experiences and drawing lessons from them, found a road to building socialism with Chinese characteristics, and therefore has found a road to promoting and developing human rights which is in line with the country's reality. This means putting the rights to subsistence and development in the first place, under the conditions of reform, development and stability, and thus promoting human rights development in an overall way. The characteristics of this road are, in terms of the basic orientation of developing human rights, that we stick to the principle of developing the productive forces and promoting common prosperity, based on the improvement of the living standards of the entire people and promoting the human rights of the entire people; in terms of the order of priority, the top priority is given to the rights to subsistence and development, while taking into consideration the people's political, economic, social and cultural rights and the overall development of individual and collective rights; in terms of the methods of promoting and guaranteeing human rights, we stress that stability is the prerequisite, development is the key, reform is the motive power, and government according to law is the guarantee. Over the past 20 years, China has stuck to this correct road of development. As a result, not only have the living standards and mental outlook of the Chinese people changed greatly, but a set of relatively complete political and legal systems that guarantee the people's democratic rights have been formed. Thus, great progress has been made in putting human rights into a legal and institutional framework, and China's human rights development has been improving constantly. Practice has proved that building socialism with Chinese characteristics is a road of development that is in accordance with the fundamental interests of the Chinese people, and also the only road which can effectively promote human rights in China.

We can say that China's cross-century development objective in the sphere of human rights has been set, the foundation has been laid, and the road has been opened. Looking forward to the 21st century, we have every reason to believe that China's human rights situation will see unwavering improvement, as long as we follow the plans laid down at the Party's 15th National Congress, and while continuing to carry out the three-stage economic development strategy, earnestly implement the general plan of exercising the rule of law and strive to build a socialist country governed according to law.

Information Office of the State Council
of the People's Republic of China

June 2000, Beijing

©Copyright Chinalawinfo Co.,Ltd

database@chinalawinfo.com

中国人权发展50年

发布日期：	06-01-2000	发布部门：
生效日期：	06-01-2000	类别：

1999年是中华人民共和国成立50周年。半个世纪以来，中国人民在中国政府的领导下，以国家主人的姿态，为消灭贫穷落后，建设富强、民主、文明的国家，实现享有充分人权的崇高理想，进行了长期不懈的探索和矢志不渝的奋斗，使中国的人权状况发生了翻天覆地的变化。

一、中国人权发展的历史性转折

在半殖民地半封建的旧中国，广大人民长期处于帝国主义、封建主义和官僚资本主义的压迫下，毫无人权可言。1949年，新中国成立后，中国政府和人民开展了一系列规模宏大的运动，迅速荡涤了旧社会遗留下来的污泥浊水，建立了促进和保护人权的基本社会政治制度，使国家和社会的面貌焕然一新，开创了中国人权发展的新纪元。

——实现和捍卫了真正完全的国家独立，为人权的发展创造了必不可少的前提。旧中国深受外国列强的侵略和奴役，国家主权沦丧，人民的人权失去起码的保障。中国共产党领导的人民民主革命胜利的第一个重要成果就是，将帝国主义列强赶出了中国，从而为中国实现真正的独立自主扫清了道路。新中国成立后，立即废除帝国主义列强强加给中国的一切不平等条约及其攫取的各种特权，坚决没收法西斯国家的在华财产，彻底铲除帝国主义殖民统治在华的政治、经济特权，实现了国家的完全独立。新中国成立初期，以美国为首的西方国家对中国实行政治上不承认、经济上封锁、军事上包围的全面遏制政策，并于1950年悍然发动朝鲜战争，把战火烧到鸭绿江边，企图将人民共和国扼杀在摇篮里。新中国在十分困难的情况下，不畏强暴，被迫进行保家卫国的正义战争，并取得了伟大的胜利，有力地捍卫了国家独立和人民的安全。与此同时，新中国坚定不移地奉行独立自主的和平外交政策，积极倡导和模范遵行和平共处五项原则，发展与世界各国的平等互利、和平友好关系，成功地挫败了国际敌对势力的孤立、封锁、干涉和挑衅，赢得了国际社会的广泛尊敬。真正完全的国家独立的取得，为中国人民按照自己的意愿自主地选择社会政治制度和发展道路,为后来国家的对外开放和稳定健康的发展，进而为人权的不断改善创造了根本前提。

——建立和健全人民民主的政治制度，保障人民当家作主的民主权利。1949年召开的中国人民政治协商会议，通过了具有临时宪法性质的《中国人民政治协商会议共同纲领》，选举产生了中央人民政府，宣告了中华人民共和国的诞生。《共同纲领》明确规定，国家政权属于人民，人民依法有选举权、被选举权以及思想、言论、出版、集会、结社、通讯、人身、居住、迁徙、宗教信仰及示威游行的自由权；废除国民党反动政府一切压迫人民的法律、法令和司法制度，制定保护人民的法律、法令，建立人民司法制度。1953年2月，中国颁布《中华人民共和国选举法》，同年12月开始在全国范围内进行普选，登记选民占18岁以上公民的97%，其中85.88%的选民参加了选举，共选出基层代表566.9万人、全国人大代表1226人，具有广泛的代表性。这是中国历史上第一次全国规模的普选运动，实现了人民参与管理国家事务的民主权利。1954年9月，第一届全国人民代表大会第一次会议在北京召开，在充分体现人民民主的基础上，通过了《中华人民共和国宪法》。宪法草案在提交全国人民代表大会审议前，向全国公布交付全国人民讨论两个多月，共有1.5亿人参加讨论，提出116万多条修改补充意见和问题。在如此广泛的全民讨论的基础上制定国家宪法，这不仅在中国历史上是破天荒第一次，而且在世界历史上也属罕见。《宪法》规定了国家的性质和国家机构的职能，规定了公民的权利和义务，奠定了中国民主和法制建设的基础。人民民主的基本政治制度的建立和健全，为人民实现当家作主的权利提供了根本的政治保障。

——实行土地改革和其它民主改革，废除压迫人民的旧制度、旧习俗，扫除各种社会丑恶现象，为新中国的人权发展扫清障碍。在旧中国，占农村人口不到10%的地主富农占有约80%的土地，而占人口90%以上的贫雇农和中农却只占有约20%的土地。为解放广大贫苦农民，解放社会生产力，新中国刚成立，便在全国范围内开展了轰轰烈烈的土地改革运动，废除封建地主阶级的土地所有制，实行农民的土地所有制，使全国3亿多无地少地的农民无偿获得了7亿亩土地和大量生产资料，免除了过去每年向地主交纳的约700亿斤粮食的苛重地租，大大改善了广大农民的经济地位和生活状况。与此同时，对国营工矿交通企业的生产和管理制度进行民主改革，废除官僚资本企业遗留下来的封建把头制等各种压迫和奴役工人的旧制度，消除封建行帮、地域观念造成的隔阂，建立工厂管理委员会和职工代表大会，吸收工人参加工厂管理，实现企业管理的民主化，使工人真正成为企业的主人，并调整旧的工资制度，推行劳动保险制度，提高了职工福利，改善了职工生活。

为解放妇女，废除封建婚姻制度对妇女的歧视和压迫，新中国于1950年颁布第一部法律《中华人民共和国婚姻法》，彻底废除包办强迫、男尊女卑、漠视子女利益的封建主义婚姻制度，实行男女婚姻自由、一夫一妻、男女平等、保护妇女和子女合法利益的新的婚姻制度，并在全国开展了大规模的宣传和贯彻《婚姻法》的群众运动。《婚姻法》的颁布、宣传和实施，使男女平等和婚姻自由的思想深入人心，大量封建婚姻得到解除，打骂、虐待妇女的现象迅速减少，有力地提高了妇女的地位。

卖淫嫖娼、贩毒吸毒、聚众赌博等是旧中国遗留下来的社会丑恶现象，也是危害人民身心健康的社会痼疾。新中国成立伊始即采取果断措施坚决予以禁止。1949年11月北京市第二届人民代表会议率先作出禁娼决定，当即关闭所有妓院，将妓女集中起来进行学习和教育，帮助她们改造思想、医治性病、学习劳动技能，引导和帮助她们建立正常生活，成为自食其力的劳动者。继北京之后，全国各大中小城市纷纷开展禁娼运动，在很短的时间内，就使这种在中国延续三千多年、严重摧残妇女身心健康和尊严的罪恶渊薮绝迹。对于吸毒、赌博等与旧中国反动统治势力和黑社会势力有密切关系的社会病害，人民政府一方面发动群众有力打击、制裁借此谋利的制毒、贩毒者和赌头、赌棍，另一方面进行广泛的宣传教育，提高群众觉悟，让吸毒者、嗜赌者自觉戒毒、戒赌。经过两三年的努力，这些在旧中国屡禁不绝的社会瘟疫，就被新中国基本禁绝，社会风气为之一新。

——反对民族压迫和歧视，发展民族平等、互助、团结关系，实行民族区域自治制度。旧中国长期存在着严重的民族歧视和民族压迫，许多少数民族不被承认，境遇悲惨，有的只能躲进深山，过着与世隔绝的生活。新中国建立后，彻底废除了民族压迫和民族歧视制度，实现了少数民族的翻身解放。为了消除旧中国长期的民族压迫造成的隔阂，1950年至1952年，中央人民政府派出访问团到少数民族地区进行慰问，并组织了各少数民族参观团到首都和祖国各地参观访问，增进了各民族间的了解，融洽了各民族间的感情。1951年，中央人民政府颁布《关于处理带有歧视或侮辱少数民族性质的称谓、地名、碑碣、匾联的指示》，明令废止对少数民族带有歧视性、侮辱性的称谓、地名等。为落实民族平等政策，中国政府从1953年起组织了大规模的民族识别调查工作，认定公布了55个少数民族，使各少数民族在历史上第一次成为祖国民族大家庭中平等的一员。中国政府还从50年代起在全国公民中开展普遍的民族理论和民族政策的宣传教育运动，大力倡导民族平等团结，反对民族主义特别是大汉族主义。

与此同时，为改变少数民族地区落后的经济社会状况，中国政府在少数民族地区积极稳妥地实行民主改革，在充分尊重少数民族意愿和尊重、保护少数民族的宗教信仰和风俗习惯的前提下，帮助他们改革落后的生产方式和社会制度，发展经济文化事业，使各少数民族的社会发展跨越了几个历史阶段。为从制度上保障少数民族的特殊权益，中国在少数民族聚居地区建立民族自治机关，实行民族区域自治，并于1952年8月颁布《中华人民共和国民族区域自治实施纲要》，对民族区域自治制度的实行作出详细的规定。民族区域自治制度的成功实行，有效地保障了少数民族在祖国大家庭中的平等权利和少数民族管理本民族、本地区事务的自治权利。

——建立社会主义制度，促进社会经济的发展和人民享受人权水平的提高。新中国成立后，人民政府进行土地改革和其它各项民主改革，并采取有力措施稳定物价，促进经济发展，仅用了三年时间，就迅速医治战争创伤，使国民经济和人民生活恢复到历史的最高水平。在此基础上，中国政府不失时机地对农业、手工业和资本主义工商业进行社会主义改造，从根本上消灭人剥削人的社会制度，建立了社会主义的基本经济制度。中国人民从此成了生产资料的主人和社会财富的享有者，从而焕发出了建设新国家和新生活的积极性，推动了社会经济的快速发展和人民生活水平的提高。据统计，1957年，全国工业总产值比1952年增长128.3%，年平均增长18%，农业总产值增长25%，全国居民平均消费水平提高1/3强。社会主义制度的建立，为全国人民在平等参与经济发展和分享劳动成果的基础上不断改善人权状况，提供了基本的社会制度保证。

新中国通过这些深刻的社会变革，革故鼎新，不仅实现了人权发展的历史性转折，而且为此后的进一步探索和人权事业的进步与发展开辟了一个崭新的起点。

二、生存权、发展权和经济、社会、文化权利的巨大改善

新中国成立50年来，特别是改革开放以来，中国政府始终把解决人民的生存权和发展权问题放在首位，坚持以经济建设为中心，大力发展社会生产力，使经济和社会发展突飞猛进，综合国力显著增强，人民生活水平大幅度提高，实现了从贫困到温饱和从温饱到小康的两次历史性跨越。

1952年，中国国内生产总值只有679亿元，到1998年已达到79396亿元，扣除物价上涨因素，年平均增长7.7%，是同期世界平均增长率的2.5倍以上。1952年至1998年，工业增加值按可比价格计算增长158倍，年平均增长11.6%；农业增加值增长3.5倍，年平均增长3.3%。对外贸易总额由1950年的11.3亿美元增至1998年的3239亿美元，增长286倍，年平均增长12.5%。据联合国有关机构估计，中国目前的经济总量已跃居世界第7位，外贸总额居世界第11位，外汇储备居世界第2位，综合国力居世界第9位。如今，中国在12天时间创造的国民生产总值就相当于1952年全年的总和。钢、煤、水泥、化肥、电视机和谷物、肉类、棉花、花生、油菜籽、水果等重要工农业产品的产量已跃居世界第一。1949年至1998年，中国粮食总产量由1.1亿吨增加到5.1亿吨，增长3.5倍，年平均增长3.1%，高于同期世界增长速度；中国粮食总产量占世界粮食产量的比重由17%上升到25%。目前，中国的粮食总产量已跃居世界首位，粮食、肉、蛋和水产品等的人均占有量超过世界平均水平，彻底改变了旧中国多数人口长期处于饥饿半饥饿的状况，创造了以占世界7%耕地解决占世界22%人口吃饭问题的奇迹。

城乡居民生活连续上了几个大台阶，消费水平明显提高。1949年，城镇居民人均年现金收入不足100元，农村居民人均纯收入不足50元；到1978年，城镇居民人均可支配收入增至343元，农村居民人均收入增至134元。而1978年至1998年，城乡居民人均收入分别增加到5425元和2162元，扣除物价因素，实际增长2.3倍和3.6倍，年平均增长6.1%和7.9%。居民实际消费水平由1952年的每人80元提高到1998年的2972元，城乡居民储蓄存款由8.6亿元增加到53408亿元。新中国成立之初，城乡居民用于吃和穿的开支占全部生活费收入支出的80%，农村居民高达90%以上。到1998年，这个比重已分别下降到55.6%和59.6%。城镇居民的恩格尔系数（食品支出占消费支出的比重）改革开放之前一直在57%以上，到1998年已降至44.5%，生活消费总体上已达到小康水平。1954年，农村居民的恩格尔系数高达69%，到1998年，农村居民的消费结构已大大改善，恩格尔系数已降至53.3%，文化娱乐、服务性支出及其他支出在生活消费支出中所占的比重已提高为25.4%，居住和穿的比重分别为15.1%和6.2%。这表明农民的消费中生存资料比重已明显下降，发展和享受资料的比重显著提高。如今，全国95%以上的农民过上了温饱有余的生活，25%左右的农户已过上了小康生活。

在大力发展经济、普遍提高全国人民生活水平的同时，中国致力于解决贫困人口的温饱问题。特别是改革开放以来，中国将解决贫困人口的温饱问题作为最紧迫的大事，由国家统一规划和部署，在全国范围内开展了有计划、有组织、大规模的扶贫开发工作， 20年共解决2亿多农村贫困人口的温饱问题，使全国农村贫困人口由1978年的2.5亿减少到1998年的4200万，贫困人口占农村人口的比重由30.7%下降到4.6%。贫困人口的年平均纯收入由1985年的206元提高到1998年的1318元，贫困地区的生产生活条件明显改善。近20年来，世界贫困人口逐年递增，贫困程度不断加深，而中国的贫困人口则以平均每年1000万的速度递减，成为世界上贫困人口减少最快的国家。1999年，世界银行、联合国开发计划署在对中国扶贫开发工作进行全面研究后发表报告指出：“在全世界许多地方贫困人口普遍增加的时候，中国是个例外。”“中国在解决绝对贫困问题上所取得的成就举世公认”。

旧中国，每遇重大自然灾害发生，总是饿殍遍野。1931年华东地区发生水灾，14.5万人死亡。新中国极其重视救灾救济工作，努力保护和抢救人民的生命财产，保障灾区人民的基本生活。据初步统计，新中国成立50年来，中央下拨的特大自然灾害救济补助款300多亿元，为22亿多人次解决了因灾缺粮的困难,帮助8亿多人次重建家园,重建倒塌房屋1亿多间,为2亿多人次提供衣物数十亿件,为10多亿人次治愈了因灾引起的疾病。

劳动者的权利得到了最大程度的实现。1949年，失业人口总计达474.2万人，失业率为23.65％。此外，农村破产的农民还有几千万人。1998年，全国城乡从业人员达到69957万人；全国城镇登记失业人员571万人，登记失业率为3.1％。建立了国有企业下岗职工基本生活保障制度、失业保险制度和城镇居民最低生活保障制度三条保障线，下岗职工和失业人员的基本生活得到了有效保障。劳动者的劳动报酬迅速增长。全国城镇职工年平均工资由1952年的445元提高到1998年的7479元，按可比价格计算，增长了2.8倍。职工工作时间按法律规定由过去的每日工作8小时、每周工作48小时缩短为目前的每日工作8小时、每周工作40小时。1949年前，全国只有几所培训技术工人的学校，且规模很小，如今已形成了多形式、多层次、基本适应经济建设需要的职业教育与职业培训体系，城镇新增劳动力接受各类培训的比重达到70%。

旧中国没有真正面向广大劳动者的社会保障制度。新中国投入大量资金发展和完善社会保障事业，逐步形成渐趋完善的社会保障体系。目前，除部分企业职工仍然由企业负担退休费用外，参加企业基本养老保险社会统筹的职工达9433万人，职工覆盖面为84%，参加企业基本养老保险的离退休人员达2800多万人。截止1999年底，失业保险覆盖职工达9912万人，国家通过失业保险共救济失业人员1500多万人，同时还帮助750多万失业人员实现了再就业。新中国成立后，国家建立了公费、劳保医疗制度。到1998年底，全国有17781万人享受公费医疗和劳保医疗。目前，全国有1700多个市县实行了工伤保险费用社会统筹，涉及职工达3780多万人；有1412个市县实行了生育保险费用社会统筹，涉及职工达2777万人。到1999年10月止，全国668个城市和1638个县城已全部建立居民最低生活保障制度，有200多万贫困居民受益。

旧中国人民享受不到最基本的卫生医疗服务。如今，医疗机构遍布城乡，医疗卫生服务体系基本形成。1949年，全国的医疗卫生机构仅有3670家，医疗病床8.46万张,卫生技术人员50.5万人；每千人口拥有医疗床位0.15张、卫生技术人员0.93人、医生0.67人、护士（师）0.06人。到1998年，全国卫生机构已达到31.41万家,医疗床位314.3万张，卫生技术人员442.37万人；每千人口拥有医疗床位2.40张，卫生技术人员3.64人,医生1.65人，护士（师）1.00人。人民的健康水平大大提高。急性传染病发病率由1949年前的2万／10万下降到203.4／10万。人口死亡率由1949年前的33‰下降到1994年的6.49‰。国民平均预期寿命已从1949年前的35岁提高到目前的70.80岁，比发展中国家的平均指数高出10岁,达到中等发达国家的水平。

旧中国文化教育水平极低，广大劳动人民极少有受教育的机会。新中国采取各种措施，大力发展教育事业，公民的受教育权得到了切实的保障和实现。1998年，全国已有73％的人口地区普及了九年义务教育，小学学龄儿童入学率由1949年前的20％左右提高到99.3%，初中阶段毛入学率达到87.3%，超过发展中国家的同期平均水平。新中国成立50年共扫除文盲2.3亿，全国总人口文盲率由80％以上下降到14.5％，其中青壮年文盲率已下降到5.5％以下。1998年，普通高校和普通中等学校的在校生人数比1949年前的最高年份分别增长了21.99倍和40.11倍;全国受教育人口近３亿,在校正规学习的人口达到2.3亿。据统计，1949至1990年，普通高等学校培养研究生、本科和专科毕业生累计达760.82万人，是旧中国1912至1948年间毕业生总数的近40倍。

50年来，中国在实现人民的生存权、发展权和经济、社会、文化权利方面取得了举世公认的成就。美国《纽约时报》1999年10月1日社论和《国际先驱论坛报》9月29日文章分别指出：“中国在解决世界四分之一人口的吃、穿、住方面取得的巨大成就将被载入史册”；“普通的中国公民现在享有的健康、营养、教育和生活水准比这个中央王国漫长历史上的任何时候都要高”。

三、公民、政治权利得到有效保障

新中国成立以来，中国的民主法制建设取得重大进展，人民的公民权利和政治权利依法得到维护和保障。

中国宪法明确规定：“中华人民共和国的一切权力属于人民。”全国人民代表大会和地方各级人民代表大会作为人民行使国家权力的机关，由人民民主选举产生，对人民负责，受人民监督。在中国，除依法被剥夺政治权利的人以外，凡年满１８周岁的公民，不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况和居住期限，都有选举权和被选举权。目前，中国有99.97％的18岁以上的公民享有选举权和被选举权。从参加选举的情况来看，全国的参选率一直都在90%以上。在各级人民代表大会中，各地区、各民族及各个阶层、各种团体都有自己一定比例的代表。1998年初选出的九届全国人大代表共2979名，其中，工人农民占18.9%，知识分子占21.08%，干部占33.17%，民主党派和无党派爱国人士占15.44%，解放军占9%，香港特别行政区代表占1.17%，归国华侨占1.24%。

全国人大是最高国家权力机关,制定国家法律，决定国家重大事项，选举产生国家行政机关、审判机关和检察机关并对它们实行监督。中国实行依法治国。改革开放以来，全国人民代表大会及其常委会制定了360多项法律和关于法律问题的决定，地方各级人大制定地方性法规 7000多件。全国人大及其常委会听取和审议国务院及其部门和最高人民法院、最高人民检察院的工作报告，对法律和有关法律问题的决定的实施情况进行检查。全国人大各专门委员会也开展形式多样的执法检查。全国人大常委会还受理人民来信来访，监督司法机关的工作，依法保障公民的合法权利。

中国共产党领导的多党合作和政治协商制度是中国民主政治制度的重要组成部分。民主党派作为与共产党亲密合作的参政党，参加国家政权，参与国家大政方针和国家领导人选的协商，参与国家事务的管理和国家方针、政策、法律、法规的制定执行。有关国家的重大问题，执政的中国共产党都要反复向各民主党派征求意见，协商解决。在第九届全国人民代表大会中，民主党派、无党派人士占全国人大常委会委员和人大常设专门委员会委员的30％和21.9％。目前，在国务院有关部委和最高人民法院、最高人民检察院，都有民主党派成员和无党派人士担任领导职务。在31个省、自治区、直辖市和15个副省级市，也都有民主党派成员和无党派人士担任副省(市)长或省(市)长助理。

各级政治协商会议由各党派、人民团体和无党派人士等组成，其成员具有广泛的代表性。政协第九届全国委员会委员来自34个界别，其中民主党派、全国工商联、无党派人士占全国政协委员和常委的59.5％、63.4％。政协组织通过政治协商、民主监督和参政议政，在国家政治生活中发挥着重要作用。据统计，自1990年以来，中共中央、国务院同民主党派中央、无党派人士的协商会、座谈会已召开100多次。从1992年到1998年，八个民主党派中央和全国工商联，就改革开放、经济建设、民主法制建设、反腐倡廉等重大课题，向中共中央、国务院及各有关部门提出的重要建议就有100多项，不少已被中共中央和国务院采纳。

基层民主是保障公民直接行使各项民主权利的重要途径。农村人民群众通过直接选举村民委员会成员、民主讨论决定本村重大事务等，充分行使民主选举、民主决策、民主管理和民主监督的权利。1988年以来，全国农村普遍进行了3-4届村民委员会的换届选举，多数村民委员会建立了村民会议、村民代表会议和村务公开制度。1999年新的《村民委员会组织法》颁布实行后，有近一半的省、市、自治区颁布了本行政区域的村委会选举法规。村委会的选举愈益规范，村民的提名权得到尊重，预选产生正式候选人、正式候选人的平等竞争、差额选举、发表演说、秘密划票间、公开计票、当场宣布选举结果等确保选民权利的程序逐步走向规范化。据统计，1999年度完成村委会选举的省份，农民的参选率绝大部分在90％以上，最低的也在85％以上。　

中国依法保障公民享有广泛的基本自由和权利。宪法明确规定，公民有言论、出版、集会、结社、游行、示威和宗教信仰的自由；公民的人身自由、人格尊严和住宅不受侵犯；公民的通信自由和通信秘密受法律保护。国家大力发展新闻出版事业，为公民行使言论、出版自由提供良好的条件。据统计，1998年，全国共出版报纸2053种300.4亿份，各类杂志期刊7999种25.4亿册，图书13余万种72.4亿册；共有广播电台294座，中央和省级有线和无线电视台560座，县级广播电视台1287座，教育电视台75座，全国电视人口覆盖率达到89%以上，电视观众达10亿多。截止1999年6月，中国已有上网计算机146万台，上网用户400万人。在中国，凡符合宪法和法律规定，并履行必要的登记手续而组成的社会团体，均受国家保护。截止1998年底，全国共有社团165600个，它们的组织活动等都依法受到宪法和法律保护。

国家保护公民的宗教信仰自由和正常的宗教活动。任何国家机关、社会团体和个人不得强制公民信仰宗教或者不信仰宗教，不得歧视信仰宗教的公民和不信仰宗教的公民。据不完全统计，中国现有各种宗教信徒1亿多人，经登记的宗教活动场所8.5万余处，各种宗教教职人员约30万人，全国性和地方宗教团体3千多个，宗教院校74所。各教都自己出版经典、书刊，其中仅《圣经》的印数即达2000万册。中国各宗教团体已同世界70多个国家和地区的宗教组织、宗教人士建立了联系。在中国的人大、政协中，都有各种宗教信仰的人和各种社会团体与组织的人当选为代表、委员，当选为全国各级人民代表大会代表和政治协商会议委员的宗教界人士有17000余人。

公安、司法机关依法打击犯罪，保护公民的合法权利不受侵犯。据统计，1998年，全国各级法院共审理各类一审案件540万件，其中刑事案件48万件，民事案件337万件，经济纠纷案件145万件，行政案件近10万件。公安、司法机关依法打击杀人、爆炸、投毒、抢劫、重大盗窃、强奸、绑架和黑社会性质组织犯罪、涉枪犯罪等严重刑事犯罪活动，有力保障人民群众的生命和财产安全；同时，依法维护犯罪嫌疑人和被告人的合法权利，1983年以来，人民法院对证据不足不构成犯罪的，依法宣告无罪4万余人。

近年来，为严格执法，加强在司法各个环节中对人权的保护，人民法院深入开展审判方式改革，全面推进依法公开审判，强化对审判的社会和舆论监督，确保司法公正。一审案件除法律规定不公开审理以外，一律实行公开审理，二审案件也逐步提高了开庭率；对公开审理或者不公开审理的案件，一律公开宣判；开庭审理案件实行当庭举证、质证、认证、辩论，提高当庭宣判率。检察机关加大执法监督力度，依法纠正有法不依、执法不严、司法不公等问题。1998年，全国检察机关对应当立案侦查的案件而没有立案的，依法要求公安机关说明不立案理由9335件，通知立案5207件；对超期羁押的情况提出纠正意见70992人次；对侦查活动中的违法情况提出纠正意见9964件；受理公安、国家安全机关移送审查批捕的犯罪嫌疑人689025人，审结批准逮捕582120人，依法追捕6957人，作出不批准逮捕决定93218人；受理移送起诉犯罪嫌疑人668425人，审结提起公诉557929人，依法追诉3094人，作出不起诉决定11225人；对认为确有错误的刑事判决裁定提出抗诉3791件，对审判活动中的违法情况提出纠正意见1211件次；对有关部门办理减刑、假释、暂予监外执行中的违法情况，提出纠正意见9 672件次。监狱机关坚持依法治监，大力推行狱务公开，增强执法透明度，切实保障罪犯的合法权利。据统计，1998年，全国监狱减刑、假释罪犯36.1万人，占押犯总数的25％。

律师制度和法律援助制度的健全和发展，对于依法保护公民的合法权益不受侵犯，维护法律的正确实施，发挥着越来越重要的作用。目前全国已有律师事务所近9000家，执业律师10万多人。从1979年至1999年全国律师共办理刑事辩护案件300万件，其中仅1998年律师办理刑事辩护案件和代理就达296668件，有效地维护了犯罪嫌疑人和被告人的合法权益。1996年和1997年司法部法律援助中心和中国法律援助基金会正式成立以来，已建立法律援助机构800多个,越来越多的贫困公民依法享受到了减免费用的法律服务。据不完全统计，1997年，全国各级法律援助机构和各类法律服务人员共办理法律援助案件约5万件，解答法律咨询40多万人次；1998年，据20个省、市的不完全统计，共办理法律援助案件6万多件，解答法律咨询80余万人次；1999年上半年，据对24个省的不完全统计，共办理各类法律援助案件4万多件。

公民对国家机关及其工作人员有提出批评和建议的权利，对其违法失职行为有提出申诉、控告或检举的权利。为了保障公民的申诉、控告、检举权，各级各类国家机关都普遍设立了信访机构，人民检察机关和行政监察系统从中央到地方普遍设立了对违法犯罪行为的举报机构。新闻传媒对国家工作人员渎职、滥用职权和侵犯公民合法权益行为的舆论监督大大加强。由于国家机关和国家工作人员侵犯公民权利而受到损失的人，有依照法律规定取得赔偿的权利。中国于1991年和1995年专门制定了《行政诉讼法》和《国家赔偿法》,迄今人民法院共审理各类行政案件近44万件，办理国家赔偿案件2566件，有力地维护了公民的合法权益。

四、妇女、儿童权利的保护

旧中国妇女根本没有参政的权利。新中国成立后，妇女参与管理国家和社会事务的权利依法受到保障，参政水平不断提高。1954年第一届全国人大中的女代表比例为11.9%，而1998年第九届全国人大女代表为650人，占代表总数的21.81％。第一届全国政协中女委员的比例为6.6%，而第九届全国政协中女委员有341人，占委员总数的15.54％。中共十五大代表中有女性344人，占代表总数的16.8％。目前，国家领导人中有4位女性；国务院系统有女正副部长18人；全国31个省、自治区、直辖市的党、政领导班子中都配备了女干部，人数比5年前增长了46．47％。1997年底，全国机关干部、国有企事业单位管理人员及专业技术人员队伍中女干部总数达1383.8万人，占干部总数的34.4％。

旧中国妇女就业机会很少。如今，妇女依法享有与男子平等的劳动就业权利，并享有同工同酬和受特殊劳动保护的权利。1949年，全国女职工总数仅有60万人，占职工总数的7.5％。1998年女性从业人员为34067万人，占社会总从业人员的48.7％，高于世界34.5％的比例。在中国4.5亿农村劳动力中，从事农业生产的有3.2亿,占71％，其中2.1亿是妇女，占65.6％。世界上妇女工资达到男子80％以上的国家只有5个，中国妇女收入是男子收入的80.4％。妇女劳动者在经期、孕期、产期和哺乳期受到特殊照顾，生育女职工享有3 个月的带薪产假。

旧中国妇女90％是文盲，如今妇女文盲比例已降到了1997年的23.2％，其中女性青壮年文盲率已降至8.5％。1998年，全国小学女童入学率已由1949年的15％提高到98.86％，基本上保障了女童接受义务教育的权利。1990年以来，中国的男女童入学率差距由1.28个百分点降至0.1个百分点。1998年中国妇女人均受教育年数已达6.5年。普通高校在校学生中女性比例由1949年的19.8％提高到1998年的38.3％，初中阶段的女性比例由1950年的26.5％提高到1998年的46.5％，小学女生比例由1951年的28％提高到1998年的47.6％。1998年底，中国科学院、中国工程院共有女院士62名，占院士总数的6％，高于其他国家的同类比例。

妇女的健康状况大大改善。1949年，全国仅有妇幼保健所9个，病床床位及工作人员微乎其微。1998年，全国已有妇幼保健院和妇产医院514个，医院床位8.7万张，各类卫生人员8.2万人；妇幼保健所2724个，各类卫生人员8.8万人，基本上形成了遍布全国的妇幼保健网。新中国成立初期，卫生水平落后，旧法接生相当普遍，孕产妇死亡率高达1500／10万。到1998年，全国已有妇产科医院47所，妇产科西医师108634人，助产士也由1949年的13900人发展到48696人，农村接生员达到31万余人；孕产妇住院分娩率达到66.8％，农村新法接生率达到94.5％，孕产妇死亡率降至56.2／10万。妇女的预期寿命已由1949年的36岁提高到1997的73.2岁，比男性高4.5 岁，比联合国提出的到2000年世界妇女平均预期寿命65岁高出8岁。

中国采取切实措施,发展儿童卫生保健事业,保障儿童的生命健康。1949年，全国有儿童医院5所，床位仅139张。到1998年，全国的儿童医院已达到37所，床位9808张，儿科西医师达60446人；另有1.5万多个县及县以上医院设有妇产科和儿科；新生儿破伤风发病率降至0.27‰。婴儿死亡率由新中国成立初期的200‰降至1998年的33.2‰，5岁以下儿童死亡率也降至42‰。儿童健康状况显著改善。1997年，5岁以下儿童腹泻死亡率比1991年下降67.8％，5岁以下儿童肺炎死亡率比1991年下降44.6％。1997年中国儿童麻疹发病率与死亡率比1978年分别下降98.1％和99％；1997年全国一岁儿童计划免疫接种率，卡介苗为96％，百白破为96％，脊髓灰质炎为97％，麻疹疫苗为95％。

儿童接受早期教育的水平迅速提高。1990年，全国3岁至6岁幼儿入园率为32％；到1998年底，全国已有幼儿园18万所，在园幼儿2400万人，学前一年幼儿入园率达到70％左右。据抽样调查，全国小学一年级新生中接受过学前教育的比例已达到94.8%。

五、少数民族的平等权利和特殊保护

建国后，少数民族人民同汉族人民一样成为国家的主人，平等地享有宪法和法律赋予的全部公民权利，同时还依法享有少数民族特有的权利。

各少数民族平等参与管理国家的权利得到充分保障。在历届全国人大和全国政协中，少数民族代表和委员所占的百分比，都超过了少数民族在全国人口中所占的比例。在1998年选出的第九届全国人民代表大会中少数民族代表占14.37％，在第九届全国政治协商会议中少数民族委员占11.7%,均大大超过少数民族占全国人口8.9%的比例；55个少数民族都有自己的代表和委员。目前，全国共有少数民族干部270多万人，在中央和地方国家权力机关和行政机关、审判机关、检察机关都有相当数量的少数民族工作人员。

中国在少数民族聚居地区实行民族区域自治制度。根据法律规定，各民族自治地方的人民代表大会常务委员会由实行区域自治的民族的公民担任主任或副主任，各自治区主席、自治州州长、自治县县长由实行区域自治的民族的公民担任。自治区、自治州、自治县的人民政府的其他组成人员，也都要尽量配备实行区域自治的民族和其他少数民族的人员。自治地方的人民代表大会有权依照当地民族的政治、经济和文化特点，制定自治条例和单行条例。截止到1998年底，民族自治地方共制定自治条例126个，单行条例209个。民族区域自治地方依法有权在报经上级国家机关批准后，变通执行、停止执行不适合民族自治地方实际情况的上级国家机关的决议、决定、命令和指示。民族区域自治地方还依法享有经济自主权、财政自主权、自主发展教育科技文化的权利和使用、发展民族语言文字的权利。

1949年前，少数民族地区的经济文化和社会发展极为落后，大多数民族地区主要从事农牧业生产，少数民族的生活极端贫困。建国后，国家采取特殊政策和措施，对少数民族地区的经济从资金、技术、人才等方面给予支援和扶持，促进了少数民族地区的经济发展和社会进步。据统计，1998年，民族自治地方的工农业总产值已由1949年的36.6亿元增加到8523.5亿元。1998年，民族自治地方的生铁、原煤、原油产量、发电量分别由1952年的0.9万吨、178万吨、5.2万吨和0.8亿千瓦小时提高到701.73万吨、17568.6万吨、2047.24万吨和1321.1亿千瓦小时。1998年，民族自治地方的铁路、公路通车里程和邮路总长度分别达到 1.71万公里、37.64万公里和113.54万公里，分别是1952年的4．5倍、12.8倍和8.6倍；粮食产量由1581.5万吨增加到7150万吨，大牲畜由2439．2万头增加到5564.7万头。少数民族人民的生活得到了巨大的改善。1997年，全国民族自治地方农民人均纯收入1633.11元，是1980年的21.5倍；人均占有粮食424.4公斤，是1978年的l.5倍；全国民族自治地方从业人员平均工资达到5593元，比1981年增长6.9倍。

旧中国少数民族文盲率在95％以上，宁夏学龄儿童入学率只有10%，西藏97%的人口是文盲，内蒙古只有16所中学。建国后，少数民族地区的受教育状况得到了根本的改善，少数民族人口文盲率下降约68个百分点。到1998年，全国少数民族自治地区有普通高等学校94所，在校生22.64万人；中学13466所，在校生529.64万人；小学90704所，在校生1240.9万人。目前，中国独立设置的民族院校有民族大学和民族学院12所，民族师范学校59所，民族职业中学158所，民族中学3536所，民族小学20906所。1990年以来，民族聚居地区的入学率与全国平均水平的差距由3.7个百分点下降至0.7个百分点。

少数民族的优秀传统文化受到保护。中国法律规定，各民族都有使用和发展自己语言文字的自由。民族自治地方的自治机关在执行职务的时候，使用当地通用的一种或几种文字；同时使用几种通用的语言文字执行职务的，可以以实行区域自治的民族的语言文字为主。从50年代开始，中国政府先后帮助十多个少数民族创制或改进了13种民族文字。国家成立专门机构组织和领导全国少数民族古籍整理工作，现已搜集少数民族古籍12万余种，整理11万余种，出版古籍书籍5000余种。国家组织3000多名专家学者，完成了民族问题五种丛书的编辑出版工作，其中，包括中国少数民族简史、少数民族语言简志、民族自治地方概况等丛书400多种，9000多万字。中国55个少数民族都有了文字记载的简史。中国政府设立专门工作机构，负责收集、整理、翻译、研究少数民族三大英雄史诗《格萨尔》、《江格尔》、《玛纳斯》，出版了三大史诗的民族文字版本、汉文和多种外国文字版本，并出版了一些研究专著。

国家尊重少数民族饮食、丧葬、年节、婚姻等风俗习惯，尊重少数民族享有宗教信仰自由，并在各方面给予特殊的政策和照顾。目前，信仰伊斯兰教的少数民族群众有1800多万，清真寺3万余座，伊玛目、阿訇4万余人。其中新疆信教群众有810多万，占全新疆总人口的56.3%以上，有宗教活动场所2.3万座，其中清真寺2万多座，宗教教职人员2.9万多人，宗教团体80多个。在西藏，藏传佛教有各类宗教活动场所1700多处，住寺僧尼4．6万多人。

旧中国，少数民族医疗卫生状况十分落后，地方病、传染病流行蔓延，人口锐减。新中国成立后，少数民族地区的医疗卫生状况得到巨大善，人口增长很快，健康水平大幅度提高。据统计，1998年，全国民族自治地方的医疗卫生机构已由1949年的361个增加到16724家，病床由3310张增加到392671张，卫生技术人员由3531名增加到605255名。1998年，仅西藏自治区就有卫生机构1300多个，比1959年增加20倍；医院床位6700多张，比1959年增加16.6倍。1953年，全国第一次人口普查时，少数民族人口只有3401.3万，而据1995年1％抽样调查统计，全国少数民族人口已达到1.0846亿人。少数民族地区的人口死亡率和婴儿死亡率持续下降。以西藏自治区为例，与1959年相比，1998年西藏孕产妇死亡率由50‰下降到7‰左右，婴儿死亡率由430‰下降到36.77‰。西藏人口平均预期寿命已由建国前的36岁延长到目前的65岁左右。

六、中国人权的跨世纪发展前景

50年在人类历史的长河中只是一瞬间，但是，中国人民在50年中实现了人权发展的伟大的历史性飞跃。尽管在维护和促进人权的过程中遇到过曲折，但是，一个不容争辩的基本事实是：经过半个世纪的不懈努力，一个积弱积贫、备受屈辱的旧中国已经变成了一个独立自主、初步繁荣昌盛的新中国， 12.5亿中国人民主宰了自己的命运，告别了饥寒交迫、愚昧无知状态，甩掉了“东亚病夫”的帽子，过上了丰衣足食、文明健康的美好生活，享受着前所未有的民主自由。可以说，今日中国的人权状况，不仅与旧中国相比有了天壤之别，而且与改革开放之前相比也取得了举世公认的巨大进步。

毋庸讳言，中国还是一个发展中国家，受自然、历史和经济发展水平的影响和制约，国家的民主法制建设、社会的文明程度和人民的生活水平都还需要进一步改善。但是，有了50年发展的基础，特别是有了改革开放20年的成功经验，中国政府和人民完全能够解决前进道路中遇到的问题，使人权事业不断向前发展。

第一，实现充分的人权是中国跨世纪发展的基本目标。改革开放后，中国制定的实现现代化三步走的跨世纪经济发展战略，每一步都立足于国力的增强和人民生活水平的提高，并最终落实到人权改善的目标上。第一步和第二步即基本解决全国人民的温饱问题和使全国人民的生活水平达到小康已经基本实现；第三步即到21世纪中叶达到中等发达国家的水平，使全国人民实现共同富裕，已经有了较好的基础。1997年召开的中共十五大在总结经验的基础上，从国家跨世纪发展的高度，在重申三步走发展战略的同时，将民主法制建设摆到了一个突出的地位，强调要继续推进政治体制改革，进一步扩大民主，健全法制，“依法治国，建设社会主义法治国家”，并将依法治国确立为基本的治国方略。1999年3月，第九届全国人民代表大会第二次会议进一步将“依法治国，建设社会主义法治国家”写入宪法，从而将依法治国、建设法治国家作为政治体制改革和民主法制建设的基本目标，以国家根本大法的形式固定下来。依法治国、建设法治国家的实质，就是要确保党和政府依法执政和依法行政，执法司法部门依法办事，公民依法行使权利和履行义务，一句话，就是要从法律和制度上保障人权。因此，依法治国方略的实施和建设法治国家的目标的实现，对于切实保障人权，推进中国人权的跨世纪发展，具有重大的实质性意义。

第二，改革开放以来中国找到了一条适合自己国情的促进和发展人权的道路。中国是一个历史悠久、人口众多、资源和财富相对短缺的东方发展中国家。在这样一个国家促进人权，既不能照搬西方发达国家的人权发展模式，也不能因袭其他发展中国家的做法，只能从中国的国情出发，探索具有自身特点的发展道路。改革开放以后，中国在总结历史经验和教训的基础上，找到了一条建设有中国特色社会主义的发展道路，从而也就找到了一条真正符合中国国情的促进和发展人权的道路。这就是：将生存权、发展权放在首位，在改革、发展、稳定的条件下，全面推进人权。这条道路的特点是：在发展人权的基本方向上，坚持发展生产力和共同富裕的原则，立足于改善全国人民的生活和促进全国人民人权的发展；在促进人权的轻重缓急上，强调生存权、发展权的首要地位，同时兼顾公民的政治、经济、社会、文化权利和个人、集体权利的全面发展；在促进和保障人权的方式方法上，强调稳定是前提，发展是关键，改革是动力，法治是保障。20多年来，由于中国坚持了这条正确的发展道路，不仅使全国人民的生活状况和精神风貌大为改观，而且形成了一整套比较完备的保障人民民主权利的政治制度和法律体系，从而使人权建设在制度化、法律化的轨道上取得了长足的进展，人权状况呈现出不断改善的良好态势。实践证明，建设有中国特色社会主义是一条符合中国人民根本利益的发展道路，也是一条促进中国人权的行之有效的必由之路。

可以说，中国人权跨世纪发展的目标已经明确，基础已经奠定，道路已经开通。展望21世纪，我们完全有理由相信，只要按照党的十五大的部署，在继续实现三步走经济发展战略的同时，认真落实依法治国的方略，努力建设社会主义法治国家，中国的人权状况就将不断地得到改善。　

中华人民共和国国务院新闻办公室

二零零零年二月-北京

database@chinalawinfo.com

【Statute Title】Fifty Years of Progress in China's Human Rights
【法规标题】中国人权发展50年
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