Statement by Mr. Zhao Dacheng, Vice of Minister of Justice, Head of the Chinese Delegation at Twenty-first Session of the Commission on Crime Prevention and Criminal Justice

2012-04-24 03:00

 

Madam Chair,

First of all, please allow me, on behalf of the Chinese delegation, to congratulate you on your election and that of other members of the bureau. I believe that under your guidance and with the joint efforts of all delegates, the current session of the Commission will achieve the outcome as expected. I would also like to take this opportunity to express my appreciation to the Secretariat of UNODC and other relevant persons for their hard work to make the session happen.

Madam Chair,

The Chinese government attaches great importance to the respect and protection of human rights. Over the past one year, China has made significant headway in perfecting the legislation and system of criminal justice. After China incorporated "respect and protection of human rights" in her constitution in 2004, the amendment to the Criminal Procedural Law was also adopted at this year's National People's Congress. "Respect and protection of human rights"was once again written into the "General Principles". The new amendment to the Criminal Procedural Law further improves the evidence and defense regime, mandatory and investigative measures, trial and enforcement procedures in the procedure of criminal justice. The Criminal Procedural Law is further enhanced in in terms of punishing crimes and protecting people, thus playing an important and positive role in achieving social equity and justice and building a harmonious society.

Madam Chair,

In crime prevention and criminal justice, the relevant agencies such as UNODC and CCPCJ have played a positive role which the Chinese delegation appreciates. We will, as always, support them having a bigger role in the effort of the international community to prevent and combat crimes.

It is very significant for the the current session to have a thematic discussion on "Violence against migrants, migrant workers and their families". Against the backdrop of the rapid development of globalization, fast-changing science and technology and accelerating movement of population, the issue of migrants has become a unique phenomenon in modern society and with it come some new situations and problems. For example, there is the lack of smooth channels for migrants and the difficulties they face trying to be integrated into the local society,numerous cases of smuggling and trafficking of human persons. The organized crime groups including those of transnational nature often take advantage of the instability in the migration process of some migrants, migrant workers and their families, especially those female migrant workers, such as being in a vulnerable state of being unfamiliar with the language, laws and culture of the destination countries for migration and the lack of knowledge about the rights and interests they are entitled to. These groups, by carrying out human trafficking and smuggling, kidnapping, physical assault, extortion and forced labor, subject them to violent abuse, threaten their safety and infringe upon their legitimate rights and interests. No country can single-handedly find a proper solution to these issues. It is therefore of vital importance for countries of origin, in-transit and destination and the relevant international organizations to strengthen their coordination and cooperation, work out solutions and take joint measures to effectively manage the movement of migrants and fight the violence against migrants, migrant workers and their families.

The Chinese government attaches great importance to the issue of migrants. We welcome foreign nationals to come to China and pursue lawful activities compatible with their status and we have continuously improved the policy of border control to facilitate the normal movement of personnel and actively promoted the normal migration activities throughout the world. At the same time, the Chinese government is resolutely opposed to and carries out harsh crackdown on illegal migration, smuggling and trafficking in human persons, which are crimes of transnational and organized nature. China gives importance to and actively participates in the international cooperation in the field of migration by working with multiple countries on combating illegal entry and exit. China participated in such international and regional mechanisms on migration as "Global Forum on Migration and Development",Bali Process, Colombo Process, Inter-Governmental Asia Pacific Consultations on Refugees, Displaced Persons and Migrants, Coordinated Mekong Ministerial Initiative against Trafficking in the Greater Mekong Sub-region. China maintains good cooperative relationship with such international organizations as International Labor Organization and promotes constructive dialogue and cooperation with all parties on the issue of migration. China will, in the area of migration, continue to strengthen cooperation with all countries around the world and the relevant international organizations such as CCPCJ and International Migration Organization and provide concrete protection to the legitimate rights and interests of migrants, promote their normal movement and make joint efforts to achieve lasting peace and development in the world.

Madam Chair,

The Chinese government has always attached importance to preventing and combating crimes and made active efforts in all fronts. In crime prevention, we stick to the policy of comprehensive social control and management and strictly implement the criminal justice policy of tempering justice with mercy. We have made a strong effort to strengthen legal education campaigns for the general public, people's mediation, administrative and judicial mediation with a view to proactively neutralizing the social conflicts and effectively preventing their escalation even into law-breaking and criminal offences. We have strengthened our effort to settle down, help and educate those released from prisons and reeducation centers and made an active effort in community correction work for those offenders receiving non-custodial sentences in order to effectively prevent and reduce new crimes being committed. In combating crimes, special agencies are set up to deal with organized crimes. Agencies for corruption prevention have made corruption prevention and punishment a top priority. The Chinese government is also active in taking innovative measures for crime prevention and criminal justice by strengthening mediation on criminal action combined civil action, conciliation of private prosecution and relief to the criminal victims. Criteria and processing procedure of sentence reduction and parole are strictly implemented. Efforts are made to promote the neutralization of social conflicts and innovation in social management and no efforts are spared to maintain social harmony and stability.

Madam Chair,

Effective prevention and combating of transnational crimes require strengthened dialogue and cooperation, a common response and an integrated management strategy among all countries. China is a signatory to United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, UN Convention against Transnational Organized Crime and Trafficking Protocol and UN Convention against Corruption. China also acceded to most of the international anti-terrorism conventions, signed multiple mutual legal assistance treaties and agreements, extradition treaties, Treaty on the Transfer of Jurisdiction of the Person Being Sentenced with 57 countries and carried out effective cooperation in criminal justice with many countries. In the view of the Chinese delegation, the Member States of the United Nations should step up coordination and cooperation in a joint response to all types of new crimes such as cyber crimes and smuggling of cultural property. Measures should be taken to protect the legitimate interests of the migrants, migrant workers and their families. Efforts should be made to actively organize and carry out technical assistance and international cooperation in crime prevention and criminal justice and step up technical assistance to and capacity building for the developing countries.

Madam Chair,

The Chinese government will continue to further exchange and cooperation with all Member States in crime prevention and criminal justice in a joint response to all challenges and make her own contributions to establishing a harmonious, safe world of common prosperity.

Thank you, Madam Chair.