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| Category | STATE INSTITUTIONS | Organ of Promulgation | The National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1983-09-02 | Effective Date | 1983-09-02 |
|
Organic Law of the People's Procuratorates of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Procedures for People's Procuratorates in Exercising Their
Functions and Powers
Chapter III The Organizational Structure and the Appointment and Removal
of Personnel of People's Procuratorates Article 1 The people's procuratorates of the People's Republic of China Article 2 The People's Republic of China shall establish the Supreme The people's procuratorates at various local levels shall be divided into: (1) people's pzocucatorates of provinces, autonomous regions, and (2) branches of the people's procuratorates of provinces, autonomous (3) people's procuratorates of counties, cities, autonomous counties and People's procuratorates at the provincial or county level may, according The establishment, organization, functions and powers of special people's Article 3 People's procuratorates at all levels shall each have a chief People's procuratorates at all levels shall each set up a procuratorial Article 4 The people's procuratorates shall, through exercising their The people's procuratorates, through procuratorial activities, educate the Article 5 People's procuratorates at all levels shall exercise the (1) exercise procuratorial authority over cases of treason, cases (2) conduct investigations of criminal cases handled directly by (3) review cases investigated by public security organs and determine (4) initiate public prosecutions of criminal cases and support such (5) exercise supervision over the execution of judgments and organs in Article 6 People's procuratorates shall, in accordance with the law, Article 7 People's procuratorates must, in executing their work, The functionaries of the people's procuratorates at all levels must pay Article 8 In the exercise of procuratorial authority by people's Article 9 The people's procuratorates shall exercise procuratorial Article 10 The Supreme People's Procuratorate shall be responsible to and The Supreme People's Procuratorate shall direct the work of the people's Article 11 lf a people's procuratorate finds and confirms that a criminal Article 12 The arrest of any citizen, unless decided on by a people's Article 13 A people's procuratorate shall review the cases for which a If a people's procuratorate discovers violations of the law in the Article 14 If a public security organ considers that there is an error in Article 15 ln legal proceedings instituted by a people's procuratorate, Article 16 lf a people's court considers that the main facts of a crime Article 17 lf a local people's procuratorate discovers any error in a Article 18 lf the Supreme People's Procuratorate discovers some definite People's procuratorates must send personnel to appear in court when cases Article 19 lf the people's procuratorates discover violations of the law lf the people's procuratorates discover violations of the law in the Article 20 The Supreme People's Procuratorate shall establish a number of Article 21 The Procurator-General of the Supreme People's Procuratorate The Deputy Procurators-General, members of the procuratorial committee and Article 22 The chief procurators of the people's procuratorates of provinces, autonomous regions, and municipalities directly under
the Central The appointment and removal of the chief procurators of the people's Article 23 The chief procurators of people's procuratorates of autonomous The appointment and removal of the chief procurators of the people's Article 24 The chief procurators, deputy chief procurators, members of Article 25 The term of office of the chief procurators of people's Article 26 The Standing Committee of the National People's Congress and Article 27 People's procuratorates at all levels shall have a number of assistant procurators and clerks. With the approval of the
chief procurator, The assistant procurators and clerks shall be appointed and removed by the People's procuratorates at all levels may install judicial police as Article 28 The organizational structure and staff size of the people's
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Chapter I General Provisions
are state organs for legal supervision.
People's Procuratorate, the people's procuratorates at various local levels,
military procuratorates and other special people's procuratorates. (Amended
on September 2 ,1983)
municipalities directly under the Central Government;
regions, and municipalities directly under the Central Government, and
people's procuratorates of autonomous prefectures and cities directly under
the provincial governments; and
municipal districts.
to work requirements and upon the approval of the standing committee of the
people's congress at the corresponding level, set up people's procuratorates
as their agencies in industrial and mining areas, agricultural reclamation
areas, forest zones, etc. (A paragraph was deleted here on September 2, 1983)
procuratorates shall be stipulated separately by the Standing Committee of the
National People's Congress.
procurator, a number of deputy chief procurators* and procurators. The chief
procurator exercises unified leadership over the work of the procuratorates.
committee. The procuratorial committee shall apply the system of democratic
centralism and, under the direction of the chief procurator, hold discussions
and make decisions on important cases and other major issues. In the case of
the chief procurator disagreeing with the majority's opinion over a decision
on an important issue, the matter may be reported to the standing committee of
the people's congress at the corresponding level for final decision.
procuratorial authority, suppress all treasonous activities, all activities to
dismember the state and other counterrevolutionary activities, and strike at
counterrevolutionaries and other criminals, so as to safeguard the unification
of the country, the system of proletarian dictatorship and the socialist legal
system; to maintain public order and order in production, education,
scientific research and other work, and in the life of the people; to protect
socialist property owned by the whole people and by the collectives of the
working masses, and the private property lawfully owned by citizens; to
protect the citizens' rights of the person and their democratic and other
rights; and to ensure the smooth progress of socialist modernization.
citizens to be loyal to their socialist motherland, to consciously observe the
Constitution and the laws and to actively fight against illegal activities.
following functions and powers:
involving acts to dismember the state and other major criminal cases severely
impeding the unified enforcement of state policies, laws, decrees and
administrative orders;
themselves;
whether to approve arrest, to prosecute or to exempt from prosecution;
exercise supervision over the investigatory activities of public security
organs to determine whether they conform to the law;
prosecutions; exercise supervision over the judicial activities of people's
courts to determine whether they conform to the law; and
criminal cases and over the activities of prisons, detention houses and organs
in charge of reform through labour to determine whether such execution
and activities conform to the law.
protect citizens' rights to lodge complaints against state functionaries who
break the law and shall investigate the legal responsibility of those persons
who infringe upon other citizens' rights of the person and their democratic
and other rights.
persistently seek truth from facts, follow the mass line, heed the opinions of the masses and subject themselves to supervision by
the masses; investigate
and study, laying stress on evidence rather than readily giving credence to
oral statements and strictly forbidding the obtainment of confessions by
compulsion; and correctly differentiate and handle contradictions between the
enemy and the people, and those among the people themselves.
high regard to actual facts and the law, be faithful to the socialist cause
and serve the people wholeheartedly.
procuratorates at all levels, the law shall be applied equally to all
citizens, and no privileges shall be allowed .
authority independently, in accordance with the provisions of the law, and
shall not be subject to interference by any administrative organ, public
organization or individual.
report on its work to the National People's Congress and its Standing
Committee. The people's procuratorates at various local levels shall be
responsible to and report on their work to the people's congresses and their
standing committees at corresponding levels.
procuratorates at various local levels and of the special people's
procuratorates; the people's procuratorates at higher levels shall direct the
work of those at lower levels.
Chapter II Procedures for People's Procuratorates in Exercising Their
Functions and Powers
act has been committed, it shall place the case on file for investigation in
accordance with the procedure provided by law, or transfer it to a public
security organ for investigation. If, upon conclusion of the investigation,
the people's procuratorate deems it necessary to investigate criminal
responsibility, it shall initiate a public prosecution in the people's court,
or it shall rescind the case, if it deems it unnecessary to investigate
criminal responsibility.
court, must be subject to the approval of a people's procuratorate.
public security organ requests prosecution and decide whether to initiate
public prosecution, to exempt from prosecution or not to initiate
prosecution. It may remand a case to the public security organ for
supplementary investigation if the main facts of the crime are not clear or
the evidence is insufficient.
investigatory activities of a public security organ, it shall instruct that
public security organ to rectify them.
a decision of a people's procuratorate to disapprove arrest, not to initiate
prosecution or to grant exemption from prosecution in the cases transferred by
it to the people's procuratorate, it may request reconsideration by the
people's procuratorate, and may also request review by the people's
procuratorate at the next higher level. The higher-level people's
procuratorate shall make a timely decision and instruct the lower-Level
people's procuratorate and the public security organ to execute it.
the chief procurator or a procurator shall attend the court session, in the
capacity of state prosecutor, to support the prosecution and exercise
supervision over the court proceedings, and to determine whether they Conform
to the law.
are not clear or the evidence is insufficient or there are violations of the
law in a case in which the people's procuratorate has initiated prosecution,
it may remand the case to the people's procuratorate for supplementary
investigation or notify it to make corrections.
jjudgment or order of a people's court at the corresponding level in a case
of first instance, it shall lodge a protest in accordance with the procedure
of appeal.
error in a legally effective judgment or order of a people's court at any
level, or if a people's procuratorate at a higher level discovers some
definite error in a legally effective judgment or order of a people's court at
a lower level, it shall lodge a protest in accordance with procedures of
judicial supervision.
are heard, in accordance with procedures of judicial supervision.
in the execution of judgments or orders in criminal cases, they shall notify
the executing organs to correct them.
activities of prisons, detention houses or organs in charge of reform through
labour, they shall notify the organs responsible to correct them.
Chapter III The Organizational Structure and the Appointment and Removal
of Personnel of People's Procuratorates
procuratorial departments and other professional agencies as needed. The
people's procuratorates at various local levels may respectively establish
corresponding procuratorial divisions, sections and other professional
agencies. (Amended on September 2, 1983)
shall be elected and removed by the National People's Congress.
procurators of the Supreme People's Procuratorate shall be appointed and
removed by the Standing Committee of the National People's Congress upon the
recommendation of the Procurator-General of the Supreme people's
Procuratorate.
Government and their branches shall be elected and removed by the people's
congresses of provinces, autonomous regions, and municipalities directly under
the Central Government; the deputy chief procurators, members of procuratorial
committees and procurators shall be appointed and removed by the standing
committees of the people's congresses at corresponding levels upon the
recommendation of the chief procurators of the provinces, autonomous regions,
and municipalities directly under the Central Government.
procuratorates of provinces, autonomous regions, and municipalities directly
under the Central Government shall be reported to the Procurator-General of
the Supreme People's Procuratorate for submission to the Standing Committee of
the National People's Congress for approval. (Amended on September 2, 1983)
prefectures, cities directly under the provincial governments, counties,
cities and municipal districts shall be elected and removed by the people's
congresses at corresponding levels; the deputy chief procurators, members of
procuratorial committees and procurators shall be appointed and removed by the
standing committees of the people's congresses at corresponding levels upon
the recommendation of the chief procurators.
procuratorates of autonomous prefectures, cities directly under the provincial
governments, counties, cities and municipal districts shall be reported to the
chief procurators of the people's procuratorates at the next higher level for
submission to the standing committee of the people's congress at the
corresponding level for approval. (Amended on September 2, 1983)
procuratorial committees and procurators of people's procuratorates set up in
industrial and mining areas, agricultural reclamation areas and forest zones
by people's procuratorates at the provincial or county level shall be
appointed and removed by the standing committee of the people's congress at
the corresponding level upon the recommendation of the chief procuratos of the
dispatching people's procuratorates.
procuratorates at all levels shall be the same as that of the people's
congresses at corresponding levels.
the standing committees of the people's congresses of provinces, autonomous
regions, and municipalities directly under the Central Government may, upon
proposals put forward by the Procurator-General and chief procurators of
people's procuratorates at the corresponding level, replace the chief
procurators, deputy chief procurators and members of the procuratorial
committees of people's procuratorates at lower levels.
an assistant procurator may act in the function of a procurator. The clerks
shall be responsible for keeping case records and other related matters.
chief procurators of people's procuratorates at all levels.
needed.
procuratorates at all levels shall be stipulated separately by the Supreme
People's Procuratorate.
URL: http://www.asianlii.org/cn/legis/cen/laws/olotpp399