Procurators Law of the People's Republic of China (Amended in 2017)
Procurators Law of the People's Republic of China (Amended in 2017)
Procurators Law of the People's Republic of China (Amended in 2017)
Order of the President of the People's Republic of China No. 76
September 1, 2017
(The Procurators Law of the People's Republic of China has been adopted at the 12th Session of the Standing Committee of the 8th National People's Congress on February 28, 1995; amended for the first time according to the Decision of the Standing Committee of the National People's Congress on Amending the Procurators Law of the People's Republic of China at the 22nd Session of the Standing Committee of the 9th National People's Congress on June 30, 2001; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017.)
Contents
Chapter I General Provisions
Chapter II Functions and Duties
Chapter III Obligations and Rights
Chapter IV Qualifications for a Procurator
Chapter V Appointment and Removal
Chapter VI Posts to be Avoided
Chapter VII Grades of Procurators
Chapter VIII Appraisal
Chapter IX Training
Chapter X Awards
Chapter XI Punishment
Chapter XII Salary, Insurance and Welfare
Chapter XIII Resignation and Dismissal
Chapter XIV Retirement
Chapter XV Petition and Complaint
Chapter XVI Commission for Examination and Assessment of Procurators
Chapter XVII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to enhance the quality of procurators, to reinforce the administration of procurators, to ensure that the People's Procuratorates exercise legal supervision and exercise procuratorial authority according to law, to ensure that the procurators perform their duties according to law and to guarantee the judicial justice.
Article 2 Procurators are the procuratorial personnel who exercise the procuratorial authority of the State according to law, including chief procurators, deputy chief procurators (the Procurator- General, Deputy Procurators-General of the Supreme People's Procuratorate), members of procuratorial committees, procurators and assistant procurators of the Supreme People's Procuratorate, local people's procuratorates at various levels and special people's procuratorates such as military procuratorates.
Article 3 Procurators must faithfully implement the Constitution and laws, and serve the people whole-heartedly.
Article 4 Procurators, when performing their functions and duties according to law, shall be protected by law.
Article 5 The Supreme People's Procuratorate shall exercise leadership over the work of the local People's Procuratorates at various levels and of the special People's Procuratorates. The People's Procuratorates at higher levels shall exercise leadership over the work of the People's Procuratorates at lower levels.
Chapter II Functions and Duties
Article 6 The functions and duties of procurators are as follows:
1. To supervise the enforcement of laws according to law;
2. To make public prosecution on behalf of the State;
3. To investigate criminal cases directly accepted by the People's Procuratorates as provided by law; and
4. Other functions and duties as provided by law.
Article 7 Chief procurators, deputy chief procurators and members of procuratorial committees shall, in addition to the procuratorial functions and duties, perform other functions and duties commensurate with their posts.
Chapter III Obligations and Rights
Article 8 Procurators shall perform the following obligations:
1. To strictly observe the Constitution and law;
2. To take facts as the basis and law as the criterion, to enforce laws impartially and not to bend law for personal gain when exercising their functions and duties;
3. To safeguard the State interests and public interests, and to safeguard the lawful rights and interests of citizens, legal persons and other organizations;
4. To be honest and clean, faithful in performing their duties, and to abide by discipline and professional ethics;
5. To keep State secrets and the secrets of procuratorial work; and
6. To accept legal supervision and supervision by the masses.
Article 9 Procurators shall enjoy the following rights:
1. To have the power and working conditions which are essential to the performance of functions and duties of procurators;
2. To brook no interference from administrative organs, public organizations or individuals in performing procuratorial functions and duties according to law;
3. To be not removed from the post or demoted or dismissed, and to be not given a sanction, without statutory basis and without going through statutory procedures;
4. To be remunerated for work, to enjoy insurance and welfare benefits;
5. To enjoy safety of the person, property and residence as ensured by law;
6. To receive training;
7. To lodge petitions or complaints; and
8. To resign their posts.
Chapter IV Qualifications for a Procurator
Article 10.
......
Order of the President of the People's Republic of China No. 76
September 1, 2017
(The Procurators Law of the People's Republic of China has been adopted at the 12th Session of the Standing Committee of the 8th National People's Congress on February 28, 1995; amended for the first time according to the Decision of the Standing Committee of the National People's Congress on Amending the Procurators Law of the People's Republic of China at the 22nd Session of the Standing Committee of the 9th National People's Congress on June 30, 2001; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017.)
Contents
Chapter I General Provisions
Chapter II Functions and Duties
Chapter III Obligations and Rights
Chapter IV Qualifications for a Procurator
Chapter V Appointment and Removal
Chapter VI Posts to be Avoided
Chapter VII Grades of Procurators
Chapter VIII Appraisal
Chapter IX Training
Chapter X Awards
Chapter XI Punishment
Chapter XII Salary, Insurance and Welfare
Chapter XIII Resignation and Dismissal
Chapter XIV Retirement
Chapter XV Petition and Complaint
Chapter XVI Commission for Examination and Assessment of Procurators
Chapter XVII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to enhance the quality of procurators, to reinforce the administration of procurators, to ensure that the People's Procuratorates exercise legal supervision and exercise procuratorial authority according to law, to ensure that the procurators perform their duties according to law and to guarantee the judicial justice.
Article 2 Procurators are the procuratorial personnel who exercise the procuratorial authority of the State according to law, including chief procurators, deputy chief procurators (the Procurator- General, Deputy Procurators-General of the Supreme People's Procuratorate), members of procuratorial committees, procurators and assistant procurators of the Supreme People's Procuratorate, local people's procuratorates at various levels and special people's procuratorates such as military procuratorates.
Article 3 Procurators must faithfully implement the Constitution and laws, and serve the people whole-heartedly.
Article 4 Procurators, when performing their functions and duties according to law, shall be protected by law.
Article 5 The Supreme People's Procuratorate shall exercise leadership over the work of the local People's Procuratorates at various levels and of the special People's Procuratorates. The People's Procuratorates at higher levels shall exercise leadership over the work of the People's Procuratorates at lower levels.
Chapter II Functions and Duties
Article 6 The functions and duties of procurators are as follows:
1. To supervise the enforcement of laws according to law;
2. To make public prosecution on behalf of the State;
3. To investigate criminal cases directly accepted by the People's Procuratorates as provided by law; and
4. Other functions and duties as provided by law.
Article 7 Chief procurators, deputy chief procurators and members of procuratorial committees shall, in addition to the procuratorial functions and duties, perform other functions and duties commensurate with their posts.
Chapter III Obligations and Rights
Article 8 Procurators shall perform the following obligations:
1. To strictly observe the Constitution and law;
2. To take facts as the basis and law as the criterion, to enforce laws impartially and not to bend law for personal gain when exercising their functions and duties;
3. To safeguard the State interests and public interests, and to safeguard the lawful rights and interests of citizens, legal persons and other organizations;
4. To be honest and clean, faithful in performing their duties, and to abide by discipline and professional ethics;
5. To keep State secrets and the secrets of procuratorial work; and
6. To accept legal supervision and supervision by the masses.
Article 9 Procurators shall enjoy the following rights:
1. To have the power and working conditions which are essential to the performance of functions and duties of procurators;
2. To brook no interference from administrative organs, public organizations or individuals in performing procuratorial functions and duties according to law;
3. To be not removed from the post or demoted or dismissed, and to be not given a sanction, without statutory basis and without going through statutory procedures;
4. To be remunerated for work, to enjoy insurance and welfare benefits;
5. To enjoy safety of the person, property and residence as ensured by law;
6. To receive training;
7. To lodge petitions or complaints; and
8. To resign their posts.
Chapter IV Qualifications for a Procurator
Article 10.
......