China has improved the assistance and management system for people released after completing their prison sentence, ensures their access to social assistance, and provides employment assistance to them to enable a smooth return to normal life. 3. Protecting Individual Property Rights Improving property rights protection with fairness as the core principle. China has cleared up unfair laws and regulations, strengthened protection of the property rights of economic organizations under all forms of ownership and of natural persons, and encouraged, supported and guided the development of the non-public sector. It has ensured that economic entities under all forms of ownership have equal access to factors of production in accordance with the law, can participate in market competition on a level playing field, and enjoy equal legal protection. The Constitution stipulates that citizens’ lawful private property is inviolable, and the state protects citizens’ property and inheritance rights. The Civil Code stipulates equal protection of all property rights, strengthens protection of personal information, data and virtual property, and improves rules for the protection of rights and remedy for rights violations. As a result, an effective mechanism for rights protection has taken shape in China, and the legal framework for property rights protection continues to improve. Providing legal guarantee for optimizing the business environment. China adheres to a series of principles and policies to encourage, support and guide the development of the non-public sector. It combats crimes infringing the lawful rights and interests of private enterprises and their operators, and protects the independent management of private enterprises and the personal and property safety of their owners in accordance with the law. China adheres to the principle of restraint in the Criminal Law, regulates law enforcement and judicial activities involving private enterprises, prohibits criminal law intervention in economic disputes, and accurately applies compulsory measures in accordance with the law to minimize any impact on the normal work and business activities of enterprises. The Supreme People’s Court and the Supreme People’s Procuratorate have publicized a series of guiding cases and typical cases concerning judicial protection of private enterprises, providing guidance for judicial bodies at all levels in handling cases. Strengthening protection of intellectual property rights (IPRs). China is strengthening the protection and application of IPRs and improving the incentive mechanism for technological innovation. For a better market competition environment and innovation-driven development, China has improved infringement compensation that reflects the value of IPRs, demonstrating its determination to encourage and protect innovation. China has set up intellectual property courts in Beijing, Shanghai and Guangzhou, which have tried major cases, established judgment rules and made consistent standards, and strengthened punishment for IPR infringement. The system is designed to address the problem that the cost of infringement is low and the cost of protection is high. The Supreme People’s Procuratorate has set up an Intellectual Property Prosecution Office for guiding prosecution of criminal, civil, and administrative cases concerning IPR infringement and establishing a mechanism for comprehensive judicial protection of intellectual property rights. China is also stepping up international dialogue, exchanges and cooperation on IPR law enforcement and justice, and working for fairer and sounder international IPR rules. 4. Reinforcing Judicial Guarantee for Human Rights China has furthered judicial reform, fully implemented the judicial accountability system, improved protection of lawyers’ practicing rights, and strengthened supervision over judicial activities, so as to safeguard the rights and interests of the people and ensure that fairness and justice apply in every judicial case. Steadily advancing judicial reform. In 2014, the 18th CPC Central Committee adopted at its Fourth Plenary Session the CPC Central Committee's Resolution on Certain Major Issues Concerning Comprehensively Advancing the Law-Based Governance of China, to fully reform the judicial system, ensure justice, and improve judicial credibility. China has implemented all-round judicial accountability reform, and improved judicial administration and the exercise of judicial power by delegating power in an orderly manner, rationally allocating power, and standardizing and strictly regulating the use of power. |
