2021年中国人权司法保障十大案例评析

Commentaries on China’s Top 10 Cases of Judicial Protection of Human Rights in 2021

主持人语:中国特色社会主义进入新时代,在习近平法治思想的指引下,我国的司法改革取得了长足进展。党中央制定的一系列有关法治建设、司法改革、政法改革的文件,为人权司法保障指明了方向。国务院新闻办公室发布的国家人权行动计划,最高人民法院、最高人民检察院发布的改革纲要,为人权司法保障提供了行动指南。各级人民法院、人民检察院、公安机关、司法行政机关转变观念,牢固树立人权保障意识;通过深化司法改革。

Words from the moderator:Since the first white paper on human rights was published in 1991,China has issued a series of white papers on judicial protection of human rights.In order to present the development and progress in a more realistic and comprehensive way,this journal will have a special feature in the fourth issue of each year,with 10 cases of judicial protection of human rights and experts’commentaries on them.The cases selected in this issue are based on the following considerations.Whether it is noted in the National Human Rights Action Plan(2021-2025),or of general significance to the judicial protection of human rights,or has a wide social influence.To this end,the editorial board selected relevant cases from the following five categories.First,the guiding cases and typical cases issued by the Supreme People’s Court in 2021 or decided in 2021 and issued in 2022;Second,the"Top 10 Cases in 2021 for Promoting the Rule of Law in the New Era"selected by the Supreme People’s Court and China Media Group.Third,the"Top 10 Typical Cases of China Trial 2021"selected by the Research Office of the Supreme People’s Court and the journal of China Trial.Fourth,the"Top 10 Cases of People’s Courts in 2021"selected by the editorial board of People’s Court Daily.Fifth,other cases with significant influence.Among these cases:the first case is from the"Top 10 Typical Cases of China Trial 2021",which is known as the"First Case of Face Recognition Dispute under the Digital Economy Time",reflecting the judicial protection of personal information rights.The second case is from the"Typical Cases on Judicial Protection of Ecological Environment along Yangtze River"issued by the Supreme People’s Court,in which a non-governmental organization filed a civil public interest lawsuit on environmental pollution,reflecting the judicial protection of environmental rights.The third case is from the"Typical Cases of Punitive Damages Applied to Civil Cases of Infringement of Intellectual Property Rights"issued by the Supreme People’s Court,which is the first case of punitive damages for intellectual property infringement decided by the Supreme People’s Court,reflecting judicial protection of intellectual property rights.The fourth case is from the"Typical Cases of Labor and Personnel Disputes(Second Collection)"issued by the Ministry of Human Resources and Social Security and the Supreme People’s Court’s,is about whether workers are entitled to overtime pay under the"pay package system",reflecting the protection of workers’right to reasonable compensation.The fifth case is from the"Top 10 Typical Cases of China Trial 2021",is the first major wrongful conviction in the"Interpretation on Several Issues Concerning the Application of Law for Determining Liability for Mental Damage in State Compensation Cases"issued by the Supreme People’s Court,and made a compensation decision in accordance with the new standard for mental damage compensation,reflecting the judicial guarantees for the right to a fair trial.The sixth case is on government information disclosure,reflecting the judicial protection of the right to know,and this case was selected by this journal because of its significance to realize the rule of law government construction and promote government information disclosure.The seventh case is the first"household labor compensation divorce case"in Beijing,which was featured on CCTV Social and Law Channel’s"Spirit of the Rule of Law",reflecting judicial protection of equal rights of men and women in marriage.The eighth case is from the"Typical Cases on Judicial Protection of Minors"issued by the Supreme People’s Court’s,which provides a useful reference for urging parents of minors to fulfill their support obligations and solving the real problem of parents not fulfilling their guardianship duties.The ninth case is from the"Top 10 Typical Cases of the People’s Courts on the Protection of the Rights and Interests of the Elderly"issued by the Supreme People’s Court,which deals with spiritual support for the elderly and reflects the judicial protection of the rights and interests of the elderly.The tenth case is from the"Top 10 Typical Cases on Protection of Rights and Interests of Persons with Disabilities"issued by the Supreme People’s Court and the China Disabled Persons’Federation,reflecting judicial protection of the human dignity of persons with disabilities.