Procurators Law of the People's Republic of China (Revised in 2019)

Procurators Law of the People's Republic of China (Revised in 2019)
Procurators Law of the People's Republic of China (Revised in 2019)

Order of the President of the People's Republic of China No.28

April 23, 2019

The Procurators Law of the People's Republic of China revised and adopted at the 10th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on April 23, 2019 is hereby promulgated and shall come into effect as of October 1, 2019.

Xi Jinping, President of the People's Republic of China

Procurators Law of the People's Republic of China (Revised in 2019)

(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 in accordance with 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; 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; revised at the 10th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on April 23, 2019)

Table of Contents
Chapter I General Provisions
Chapter II Functions and Duties, Obligations and Rights of Prosecutors
Chapter III Qualifications for and Selection of Prosecutors
Chapter IV Appointment and Removal of Procurators
Chapter V Administration of Prosecutors
Chapter VI Appraisal of, Awards for and Punishment of Procurators
Chapter VII Job Security for Procurators
Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated in accordance with the Constitution with a view to fully promoting the building of a team of high-quality procurators, reinforcing the administration and supervision of procurators, protecting the legitimate rights and interests of procurators and ensuring that people's procuratorates can independently exercise their procuratorial authority while procurators can perform their functions and duties in accordance with the law, so as to guarantee judicial justice.

Article 2 Procurators are the procuratorial personnel who exercise the procuratorial authority of the state in accordance with the law, including chief procurators, deputy chief procurators (the procurator-general, deputy procurators-general of the Supreme People's Procuratorate), members of procuratorial committees and procurators of the Supreme People's Procuratorate, local people's procuratorates at all levels and special people's procuratorates such as military procuratorates.

Article 3 Procurators must faithfully enforce the Constitution and laws, safeguard social fairness and justice, and serve the people wholeheartedly.

Article 4 Prosecutors shall diligently perform their duties, be honest and clean, and abide by professional ethics.

Article 5 Procurators shall, when performing their functions and duties, take facts as the basis and laws as the criteria, and uphold their objective and impartial position.
Prosecutors shall, when handling criminal cases, strictly abide by the principle of legality, and respect and guarantee human rights, ensuring that crimes are investigated and prosecuted while those who are innocent are protected from criminal prosecution.

Article 6 Procurators shall, when legally performing their functions and duties, be protected by the law from interference by any administrative authority, public organization or individual.

Chapter II Functions and Duties, Obligations and Rights of Prosecutors

Article 7 Functions and duties of prosecutors include:
1.
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