Catalogue of Organic Law of People's Republic of China (PRC) People's Procuratorate

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979)

According to 1983, Article 1 of the Decision on Revision (Amendment) of the Second Session of the Standing Committee of the Sixth NPC on September 2nd.

People's Republic of China (PRC) People's Procuratorate is the state's legal supervision organ.

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People's Republic of China (PRC) has established special people's procuratorates such as the Supreme People's Procuratorate, local people's procuratorates at various levels and military procuratorates.

Local people's procuratorates at all levels are divided into: people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government; Branches of people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government, and people's procuratorates of autonomous prefectures and municipalities directly under the Central Government; People's procuratorates of counties, cities, autonomous counties and municipal districts. The people's procuratorates at the provincial and county levels may, according to the needs of their work and with the approval of the Standing Committee of the people's congress at the corresponding level, set up people's procuratorates in industrial and mining areas, agricultural reclamation areas, forest areas and other areas as agencies.

The establishment, organization and functions of special people's procuratorates shall be stipulated separately by the NPC Standing Committee.

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People's procuratorates at all levels shall have chief procurators, deputy chief procurators and procurators. The procurator-general leads the work of the procuratorate in a unified way.

People's procuratorates at all levels shall set up procuratorial committees. Procuratorial committees practice democratic centralism and discuss and decide major cases and other major issues under the auspices of the procurator-general. If the procurator-general disagrees with the majority's decision on major issues, he may report it to the Standing Committee of the people's congress at the corresponding level for decision.

Article 4

By exercising procuratorial power, people's procuratorates suppress all treason, secession and other counter-revolutionary activities, crack down on counter-revolutionaries and other criminals, safeguard national unity, safeguard the dictatorship of the proletariat, safeguard the socialist legal system, maintain social order, production order, work order, teaching and scientific research order and people's living order, protect socialist property owned by the whole people and property collectively owned by working people, protect citizens' private legal property and protect citizens' personal rights and democratic rights.

Through procuratorial activities, people's procuratorates educate citizens to be loyal to the socialist motherland, consciously abide by the Constitution and laws, and actively fight against illegal activities.

Article 5

People's procuratorates at all levels exercise the following functions and powers: to exercise procuratorial power over major criminal cases of treason, secession and serious damage to the unified implementation of state policies, laws, decrees and decrees. To investigate directly accepted criminal cases. Examining cases investigated by public security organs and deciding whether to arrest, prosecute or exempt from prosecution; Supervise the legality of investigation activities of public security organs. Prosecute criminal cases and support public prosecution; Supervise the legality of the trial activities of the people's courts. Supervise the execution of judgments and rulings in criminal cases and the legality of the activities of prisons, detention centers and labor reform institutions. Article 6

People's procuratorates protect citizens' right to sue illegal state functionaries according to law, and investigate the legal responsibility of those who infringe citizens' personal rights, democratic rights and other rights.

Article 7

In their work, people's procuratorates must persist in seeking truth from facts, implement the mass line, listen to their opinions, accept their supervision, investigate and study, attach importance to evidence, disbelieve confessions, prohibit extorting confessions by torture, and correctly distinguish and handle contradictions between ourselves and the enemy and contradictions among the people.

The staff of people's procuratorates at all levels must be loyal to the truth, the law, the socialist cause and serve the people wholeheartedly.

Article 8

People's procuratorates at all levels exercise procuratorial power, and all citizens are equal in the application of the law and are not allowed to have any privileges.

Article 9

The people's procuratorates independently exercise procuratorial power in accordance with the law and are not subject to interference by other administrative organs, organizations or individuals.

Article 10

The Supreme People's Procuratorate is responsible and reports to the National People's Congress and the NPC Standing Committee. Local people's procuratorates at various levels are responsible to the people's congresses at the corresponding levels and their standing committees and report on their work.

The Supreme People's Procuratorate leads the work of local people's procuratorates at all levels and special people's procuratorates, and the people's procuratorates at higher levels lead the work of people's procuratorates at lower levels. Article 11

When a people's procuratorate finds and believes that there is a criminal act, it shall file a case for investigation in accordance with legal procedures or hand it over to the public security organ for investigation. At the end of the investigation, if the people's procuratorate considers it necessary to investigate the criminal responsibility of the defendant, it shall file a public prosecution with the people's court; If it is considered unnecessary to pursue criminal responsibility, the original case shall be dismissed.

Article 12

The arrest of citizens must be approved by the people's procuratorate, except as decided by the people's court.

Article 13

The people's procuratorate shall examine the cases that the public security organs require to be prosecuted and decide whether to prosecute, exempt from prosecution or not to prosecute. If the facts of the main crime are unclear and the evidence is insufficient, it may be returned to the public security organ for supplementary investigation.

When the people's procuratorate finds that the investigation activities of the public security organs are illegal, it shall notify the public security organs to correct them.

Article 14

When the people's procuratorate decides not to approve the arrest, not to prosecute or to exempt from prosecution in a case transferred by the public security organ, the public security organ may request the people's procuratorate for reconsideration or the people's procuratorate at a higher level for review. The people's procuratorate at a higher level shall make a decision in time and notify the people's procuratorate at a lower level and the public security organ to implement it.

Article 15

When a people's procuratorate brings a public prosecution, the procurator-general or procurator shall appear in court as a state prosecutor, support the public prosecution and supervise the legality of the trial activities.

Article 16

When the people's court considers that the main criminal facts are unclear, the evidence is insufficient or there are illegal circumstances, it may return the case to the people's procuratorate for supplementary investigation or notify the people's procuratorate to correct it.

Article 17

When the local people's procuratorates at various levels think that the judgment or ruling of the people's court at the corresponding level in a case of first instance is wrong, they shall lodge a protest in accordance with the appeal procedure.

Article 18

The Supreme People's Procuratorate lodged a protest against the legally effective judgments and orders of people's courts at all levels, and the people's procuratorate at a higher level lodged a protest against the legally effective judgments and orders of people's courts at lower levels in accordance with the trial supervision procedures.

The people's procuratorate must send someone to appear in court for a case tried in accordance with the procedure of trial supervision.

Article 19

When a people's procuratorate finds that the execution of a criminal judgment or ruling is illegal, it shall notify the executing organ to correct it.

When the people's procuratorate finds that the activities of prisons, detention centers and reform-through-labor institutions are illegal, it shall notify the competent authorities to correct them. Article 20

The Supreme People's Procuratorate has set up a number of procuratorates and other operational agencies as required. Local people's procuratorates at various levels may set up corresponding procuratorial offices, procuratorial offices and other business institutions respectively.

Article 21

The Procurator-General of the Supreme People's Procuratorate is elected and removed by the National People's Congress.

Deputy Procurator-General of the Supreme People's Procuratorate, members of the Procuratorial Committee and procurators shall be appointed and removed by the NPC Standing Committee upon the request of the Procurator-General of the Supreme People's Procuratorate.

Article 22

The chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government and the chief procurators of the branches of the people's procuratorates shall be elected and removed by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government, and the deputy chief procurators, members of procuratorial committees and procurators shall be submitted by the chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government to the standing committees of the people's congresses at the corresponding levels for appointment and removal.

The appointment and removal of the chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government shall be reported to the chief procurator of the Supreme People's Procuratorate and to the whole country.

Article 23

The chief procurators of the people's procuratorates of autonomous prefectures, provincial cities, counties, cities and municipal districts shall be elected and removed by the people's congresses at the corresponding levels, and the deputy chief procurators, members of procuratorial committees and procurators shall be submitted by the chief procurators of the people's procuratorates of autonomous prefectures, provincial cities, counties, cities and municipal districts to the standing committees of the people's congresses at the corresponding levels for appointment and removal.

The appointment and removal of the chief procurators of the people's procuratorates of autonomous prefectures, cities under provincial jurisdiction, counties, cities and municipal districts shall be reported to the chief procurators of the people's procuratorates at the next higher level for approval by the standing committees of the people's congresses at the corresponding levels.

Article 24

Procurators-General, deputy procurators, members of procuratorial committees and procurators of people's procuratorates in industrial and mining areas, agricultural reclamation areas and forest areas established by provincial people's procuratorates and county-level people's procuratorates shall be reported to the Standing Committee of the people's congress at the corresponding level for appointment and removal.

Article 25

The term of office of the procurator-general of the people's procuratorates at all levels is the same as that of the people's congresses at the corresponding levels.

Article 26

The standing committees of the people's congresses of the whole country and provinces, autonomous regions and municipalities directly under the Central Government may, on the proposal of the chief procurator of the people's procuratorate at the corresponding level, replace the chief procurators, deputy chief procurators and members of the procuratorial committees of the people's procuratorates at lower levels.

Article 27

People's procuratorates at all levels shall have several assistant procurators and several clerks respectively. With the approval of the procurator-general, assistant procurators may serve as procurators. The clerk handles the record work of cases and related matters.

Assistant procurators and clerks shall be appointed and removed by the chief procurators of people's procuratorates at all levels.

People's procuratorates at all levels may set up judicial police when necessary.

Article 28

The staffing of people's procuratorates at all levels shall be formulated separately by the Supreme People's Procuratorate.