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China's Progress in Human Rights in 2004 (Full text)
www.chinaview.cn 2005-04-13 10:48:22

    The legal aid system has been further improved. The Supreme People's Court adopted the "Decision on Providing Judicial Aid to Litigants with Real Financial Difficulties," improving the system of judicial aid. Payment of lawsuit fees have been reduced, exempted or allowed to be delayed, so that the litigants with realfinancial difficulties in civil and administrative cases, especially senior citizens, women, minors, disabled people, laid-off workers, migrant workers from rural areas, as well as victims of traffic, medical and industrial accidents, can afford to seek justice from the courts. In 2004, the courts throughout the country provided judicial aid in 263,860 cases, an increase of 15.6 percent from the previous year. The judicial aid totaled 1.09 billion yuan, 3.1 percent more than in the previous year. Lawsuit fees have been reduced or exempted for cases involving child-support payment, spouse-support payment and parent-support payment,and lawsuits brought by households in rural areas enjoying the "five guarantees" (food, clothing, medical care, housing and burialexpenses -- ed.) and by people in urban areas being provided with the minimum living guarantee. The issuance of the "Urgent Notice on Clearing Up Cases Concerning Delayed Payment for Construction Projects and Wages of Migrant Workers," in particular, provided judicial aid to migrant workers from rural areas in cases of labordisputes. As a result, 163,151 cases concerning demands for payment were concluded with high efficiency in filing for investigation, trial and enforcement. In 2004, governments at all levels throughout the country appropriated 217 million yuan in total for legal aid, 43 percent more than in the previous year. Throughout China, 3,023 legal aid organizations were set up, 249 more than in the previous year; and during the year, 190,187 legalaid cases were handled, 23,754 more than in the previous year, extending aid to 294,138 litigants. People from all walks of life also actively participated in legal aid work. The All-China Women's Federation and local women's federations have officially opened 2,700 legal aid centers for women and agencies for protection of women's rights. The All-China Federation of Trade Unions and localtrade unions have established 2,990 legal aid organizations for workers. The China Disabled Persons' Federation and local disabledpersons' federations have signed cooperation agreements with over 3,000 law firms for legal aid in cases concerning the protection of disabled people's rights. Over 30 institutions of higher learning, including Peking University, Tsinghua University and Wuhan University, have provided legal aid services to people with difficulties by combining legal aid and clinical legal education.

     The legal rights and interests of people in custody are protected by law. In 2004, the Ministry of Public Security and theSupreme People's Procuratorate jointly planned, organized and launched a drive to build "model units for strengthening the enforcement of surveillance and legal supervision, and for guaranteeing smooth criminal proceedings and the legal rights and interests of detainees" in all the detention houses throughout China. Consequently, a large number of model detention houses haveemerged with advanced facilities, standard law enforcement and humane management. The system of meeting public procurators has been generally established in detention houses, supervision over food, health care and epidemic prevention for detainees has been strengthened, the detainees' physical health and protection of their property has been accorded with greater attention, and the system of informing detainees of their rights, the system of open procuratorial work and visit system have been improved, thus effectively protecting detainees' legal rights and interests. By the end of 2004, the Chinese procuratorial organs had set up 77 sub-procuratorates in large prisons or areas where prisons and reeducation-through-labor camps are concentrated, and over 3,700 procuratorial offices in medium-sized and small prisons, reeducation-through-labor camps and detention houses. Procurators have been dispatched to over 90 percent of China's prisons, detention houses and reeducation-through-labor camps. The supervision system is being improved step by step.

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