Law of the People's Republic of China on the Organization of the People's Procuratorates (Revised in 2018)
Law of the People's Republic of China on the Organization of the People's Procuratorates (Revised in 2018)
Law of the People's Republic of China on the Organization of the People's Procuratorates (Revised in 2018)
Order of the President of the People's Republic of China No.12
October 26, 2018
The Law of the People's Republic of China on the Organization of the People's Procuratorates, which was revised and adopted at the sixth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 26, 2018, is hereby published for implementation as of January 1, 2019.
Xi Jinping, president of the People's Republic of China
Law of the People's Republic of China on the Organization of the People's Procuratorates (Revised in 2018)
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; amended for the first time in accordance with the Decision on the Revision of the Organic Law of the People's Procuratorates of the PRC adopted at the Second Session of the Standing Committee of the Sixth National People's Congress on September 2, 1983; amended for the second time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China adopted at the 18th Session of the Standing Committee of the Sixth National People's Congress on December 2, 1986; and, revised at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)
Contents
Chapter I General Provisions
Chapter II Setting and Functions and Powers of People's Procuratorates
Chapter III Case-handling Organizations of People's Procuratorates
Chapter IV Personnel Composition of People's Procuratorates
Chapter V Guarantee for People's Procuratorates' Exercise of Functions and Powers
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on the Organization of the People's Procuratorates (the "Law") is enacted in accordance with the Constitution in order to regulate the setting, organization and functions and powers of people's procuratorates, and ensure the lawful performance of duties by people's procuratorates.
Article 2 People's procuratorates are state organs for legal supervision.
People's procuratorates exercise procuratorial power, prosecute crimes, safeguard national security and social order, safeguard the legitimate rights and interests of individuals and organizations, safeguard national interests and public interests, guarantee the correct implementation of laws, safeguard social fairness and justice, and safeguard the unity, dignity and authority of the state's legal system, and guarantee the smooth progress of the construction of socialism with Chinese characteristics.
Article 3 People's procuratorates shall be established in accordance with the Constitution, laws and decisions of the Standing Committee of the National People's Congress.
Article 4 People's procuratorates shall exercise procuratorial power independently in accordance with the provisions of laws, and shall not be subject to interference by any administrative organ, social organization or individual.
Article 5 In the exercise of procuratorial power by people's procuratorates, the law shall be applied equally, and no privileges beyond laws or discrimination in any form shall be allowed.
Article 6 People's procuratorates shall uphold judicial justice, take facts as the basis, take law as the criterion, abide by statutory procedures, and respect and protect human rights.
Article 7 People's procuratorates shall exercise judicial disclosure, except as otherwise provided by the law.
Article 8 People's procuratorates shall implement the judicial responsibility system and establish sound judicial power operation mechanisms with unified powers and responsibilities.
Article 9 The Supreme People's Procuratorate shall be responsible for and report work to the National People's Congress and the Standing Committee of the National People's Congress.
......
Order of the President of the People's Republic of China No.12
October 26, 2018
The Law of the People's Republic of China on the Organization of the People's Procuratorates, which was revised and adopted at the sixth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 26, 2018, is hereby published for implementation as of January 1, 2019.
Xi Jinping, president of the People's Republic of China
Law of the People's Republic of China on the Organization of the People's Procuratorates (Revised in 2018)
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; amended for the first time in accordance with the Decision on the Revision of the Organic Law of the People's Procuratorates of the PRC adopted at the Second Session of the Standing Committee of the Sixth National People's Congress on September 2, 1983; amended for the second time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China adopted at the 18th Session of the Standing Committee of the Sixth National People's Congress on December 2, 1986; and, revised at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)
Contents
Chapter I General Provisions
Chapter II Setting and Functions and Powers of People's Procuratorates
Chapter III Case-handling Organizations of People's Procuratorates
Chapter IV Personnel Composition of People's Procuratorates
Chapter V Guarantee for People's Procuratorates' Exercise of Functions and Powers
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on the Organization of the People's Procuratorates (the "Law") is enacted in accordance with the Constitution in order to regulate the setting, organization and functions and powers of people's procuratorates, and ensure the lawful performance of duties by people's procuratorates.
Article 2 People's procuratorates are state organs for legal supervision.
People's procuratorates exercise procuratorial power, prosecute crimes, safeguard national security and social order, safeguard the legitimate rights and interests of individuals and organizations, safeguard national interests and public interests, guarantee the correct implementation of laws, safeguard social fairness and justice, and safeguard the unity, dignity and authority of the state's legal system, and guarantee the smooth progress of the construction of socialism with Chinese characteristics.
Article 3 People's procuratorates shall be established in accordance with the Constitution, laws and decisions of the Standing Committee of the National People's Congress.
Article 4 People's procuratorates shall exercise procuratorial power independently in accordance with the provisions of laws, and shall not be subject to interference by any administrative organ, social organization or individual.
Article 5 In the exercise of procuratorial power by people's procuratorates, the law shall be applied equally, and no privileges beyond laws or discrimination in any form shall be allowed.
Article 6 People's procuratorates shall uphold judicial justice, take facts as the basis, take law as the criterion, abide by statutory procedures, and respect and protect human rights.
Article 7 People's procuratorates shall exercise judicial disclosure, except as otherwise provided by the law.
Article 8 People's procuratorates shall implement the judicial responsibility system and establish sound judicial power operation mechanisms with unified powers and responsibilities.
Article 9 The Supreme People's Procuratorate shall be responsible for and report work to the National People's Congress and the Standing Committee of the National People's Congress.
......