CHAPTER I GENERAL PROVISIONS CHAPTER II FUNCTIONS AND DUTIES CHAPTER III OBLIGATIONS AND RIGHTS CHAPTER IV QUALIFICATIONS FOR A PUBLIC PROCURATOR CHAPTER V APPOINTMENT AND REMOVAL CHAPTER VI POSTS TO BE AVOIDED CHAPTER VII GRADES OF PUBLIC 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 PUBLIC PROCURATORS CHAPTER XVII SUPPLEMENTARY PROVISIONS
Article 1 This Law is enacted in accordance with the Constitution to ensure that the People’s Procuratorates exercise legal supervision and Article 2 Public procurators are the procuratorial personnel who exercise the procuratorial authority of the State according to law, including Article 3 Public procurators must faithfully implement the Constitution and laws, and serve the people whole-heartedly. Article 4 Public 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
Article 6 The functions and duties of public 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
CHAPTER III OBLIGATIONS AND RIGHTS Article 8 Public 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 (3) to safeguard the State interests and public interests, and to safeguard the lawful rights and interests of citizens, legal persons (4) to be honest and clean, faithful in the discharge of their duties, and to abide by discipline; (5) to keep State secrets and the secrets of procuratorial work; and (6) to accept legal supervision and supervision by the masses. Article 9 Public 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 public procurators; (2) to brook no interference from administrative organs, public organizations or individuals in performing procuratorial functions (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 (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 PUBLIC PROCURATOR Article 10 A public procurator must possess the following qualifications: (1) to be of the nationality of the People’s Republic of China; (2) to have reached the age of 23; (3) to endorse the Constitution of the People’s Republic of China; (4) to have fine political and professional quality and to be good in conduct; (5) to be in good health; and (6) to have worked for at least two years in the case of graduates from law specialties of colleges or universities or from non-law The public procurators who do not possess the qualifications as provided by sub-paragraph (6) of the preceding paragraph prior to Article 11 The following persons shall not hold the post of a public procurator: (1) to have been subjected to criminal punishment for commission of a crime; or (2) to have been discharged from public employment.
CHAPTER V APPOINTMENT AND REMOVAL Article 12 A public procurator shall be appointed or removed from the post in accordance with the limit of authority for, and procedures of, The Procurator-General of the Supreme People’s Procuratorate shall be elected or removed by the National People’s Congress. The Deputy The chief procurators of the local People’s Procuratorates at various levels shall be elected or removed by the local people’s congresses The appointment or removal of the chief procurators of the local People’s Procuratorates at the various levels must be reported to The chief procurators, deputy chief procurators, members of the procuratorial committees and procurators of the branches of the People’s The assistant procurators of the People’s Procuratorates shall be appointed or removed by the chief procurators of the procuratorates The measures for the appointment or removal of the chief procurators, deputy chief procurators, members of the procuratorial committees Article 13 Persons to be appointed procurators or assistant procurators for the first time shall be selected through public examination and Persons to be appointed chief procurators, deputy chief procurators or members of procuratorial committees shall be selected from Article 14 If a public procurator is found to be in any of the following circumstances, a report shall be submitted according to law concerning (1) having forfeited the nationality of the People’s Republic of China; (2) having been transferred out of this procuratorate; (3) having no need to maintain his or her original post after a change of post; (4) being determined to be incompetent in the post through appraisal; (5) being unable to perform the functions and duties of a public procurator for a long period of time due to poor health; (6) having retired from the post; (7) having resigned the post, or having been dismissed; (8) being disqualified from continuing to hold the post because of violation of discipline, law or commission of a crime; or (9) other circumstances that call for removal of the post. Article 15 Where an elected chief procurator of a People’s Procuratorate does not possess the qualifications as provided by this Law, or a chief Article 16 The Procurator-General of the Supreme People’s Procuratorate and the chief procurators of the People’s Procuratorates of the provinces, Article 17 No public procurators may concurrently be members of the standing committees of the people’s congresses, or hold posts in administrative
Article 18 Public procurators who are connected by husband-wife relation-ship, or who are directly related by blood, collaterally related within (1) the chief procurator, deputy chief procurators, or members of the procura-torial committee in the same People’s Procuratorate; (2) the chief procurator, deputy chief procurators, procurators or assistant procurators in the same People’s Procuratorate; (3) the procurators or assistant procurators in the same division; or (4) chief procurators or deputy chief procurators of the People’s Procuratorates at the levels next to each other.
CHAPTER VII GRADES OF PUBLIC PROCURATORS Article 19 Public procurators are divided into twelve grades. The Procurator-General of the Supreme People’s Procuratorate is Procurator-in-Chief. Public procurators from the second grade to Article 20 Grades of public procurators shall be determined on the basis of their posts, their actual working ability and political integrity, Article 21 The grades of public procurators shall be established and the measures for their evaluation and promotion shall be formulated separately
Article 22 Appraisal of public procurators shall be conducted by the People’s Procuratorates the public procurators belong to. Article 23 The appraisal of public procurators shall be carried out objectively and impartially, through the combined efforts of the leaders Article 24 The appraisal of public procurators shall include their achieve-ments in procuratorial work, their ideological level and moral characters, Article 25 The results of the annual appraisal shall fall into three grades: excellent, competent and incompetent. The result of appraisal shall be taken as the basis for award, punishment, training, dismissal of a public procurator, and for readjustment Article 26 A public procurator shall be informed of the result of appraisal in written form. If the public procurator disagrees with the result,
Article 27 Theoretical and professional training for public procurators shall be carried out in a planned way. The principles of integrating theory with practice, giving lectures in light of the needs and emphasizing practical results shall Article 28 The public procurator colleges and universities of the State, and other institutions for training public procurators shall, in accordance Article 29 The results of the studies of public procurators and the appraisals made during their training shall be taken as one of the bases
Article 30 Public procurators who have made significant achievements and contributions in procuratorial work, or performed other outstanding The principle of combining moral encouragement with material reward shall be applied in rewarding public procurators. Article 31 Public procurators who have any of the following achievements to their credit shall be rewarded: (1) having achieved notable successes in enforcing laws impartially in procura-torial work; (2) having made proposals for procuratorial work or proposals for the reform of procuratorial work that have been adopted and produced (3) having performed outstanding deeds in safeguarding the interests of the State, the collective and the people against heavy losses; (4) having performed outstanding deeds by bravely fighting against illegal or criminal acts; (5) having scored outstanding achievements in protecting State secrets and secrets of procuratorial work; or (6) having performed other meritorious deeds. Article 32 The awards include: Citation for Meritorious Deeds, Merit Citation Class III, Merit Citation Class II, Merit Citation Class I, and The awards shall be authorized and procedures gone through in accordance with the relevant regulations.
Article 33 No public procurators may commit any of the following acts: (1) to spread statements damaging the prestige of the State; to join illegal organizations; to take part in such activities as assembly, (2) to embezzle money or receive bribes; (3) to bend law for personal gain; (4) to extort confessions by torture; (5) to conceal or falsify evidence; (6) to divulge State secrets or secrets of procuratorial work; (7) to abuse functions and powers; and to infringe upon the legitimate rights and interests of citizens, legal persons or other organizations; (8) to neglect his or her duty so as to wrongly judge a case or to cause heavy losses to the party concerned; (9) to intentionally delay the handling of a case so as to affect the work adversely; (10) to take advantage of the functions and powers to seek gain for himself or herself or other people; (11) to engage in profit-making activities; (12) to meet the party concerned or his or her agent without authorization and attend dinners or accept presents given by the party (13) to commit other acts in violation of law or discipline. Article 34 A public procurator who has committed any of the acts listed in Article 33 of this Law shall be given sanctions; if the case constitutes Article 35 The sanctions include: a disciplinary warning, a demerit recorded, a grave demerit recorded, demotion, dismissal from the post and The salary of a public procurator who has been dismissed from the post shall at the same time be reduced and his or her grade be demoted. Article 36 A sanction shall be authorized and procedures gone through in accordance with the relevant regulations.
CHAPTER XII SALARY, INSURANCE AND WELFARE Article 37 The salary system and scales for public procurators shall, in light of the characteristics of procuratorial work, be formulated by Article 38 The system under which the salaries of public procurators are increased regularly shall be practised. The salary of a public procurator Article 39 Public procurators shall enjoy procuratorial allowances, regional allowances and other allowances and insurance and welfare benefits
CHAPTER XIII RESIGNATION AND DISMISSAL Article 40 If a public procurator requests resignation, he or she shall present an application in written form before he or she shall be removed Article 41 A public procurator may be dismissed if he or she is found to be in any of the following circumstances: (1) to be confirmed by annual appraisal as being incompetent for two successive years; (2) to be unqualified for the present post and decline to accept other assignments; (3) to refuse to accept reasonable transfer, which is necessitated by restructuring of the procuratorial organ or reduction of the (4) to have stayed away from work without leave or to have overstayed his or her leave without good reason for fifteen days or more (5) to fail to perform a public procurator’s duty, and make no rectification after criticism. Article 42 A public procurator who is dismissed shall be removed from the post in accordance with the procedures as provided by law.
Article 43 The retirement system regarding public procurators shall, in light of the characteristics of procuratorial work, be formulated separately Article 44 After retirement public procurators shall enjoy the insurance of old age pension and other benefits as prescribed by the State.
CHAPTER XV PETITION AND COMPLAINT Article 45 If a public procurator disagrees with the sanction given to him or her by a People’s Procuratorate, he or she may, within thirty The organ that receives the appeal must make a decision on it in accordance with regulations. Execution of a decision on a sanction given to a public procurator shall not be suspended during the period of reconsideration or Article 46 If a State organ or any of its functionaries commits an act infringing upon the rights of a public procurator as provided by Article If an administrative organ, a public organization or an individual interferes in a public procurator’s performance of the procuratorial Article 47 The petition or complaint made by a public procurator shall be true to facts. If a public procurator makes up a story or lodges a Article 48 Where a sanction given to a public procurator is wrong, it shall be put right without delay; if it has damaged the public procurator’s
CHAPTER XVI COMMISSION FOR EXAMINATION AND ASSESSMENT OF PUBLIC Article 49 A People’s Procuratorate shall establish a commission for examination and assessment of public procurators. The functions and duties of a commission for examination and assessment of public procurators are to guide the training, examination, The commission for examination and assessment of public procurators of the Supreme People’s Procuratorate shall, in accordance with Article 50 The number of persons on a commission for examination and assessment of public procurators shall be five to nine. The chairman of a commission for examination and assessment of public procurators shall be assumed by the chief procurator of the
CHAPTER XVII SUPPLEMENTARY PROVISIONS Article 51 Measures for the administration of the clerks of the People’s Procuratorates shall be formulated by the Supreme People’s Procuratorate. The administrative judicial personnel of the People’s Procuratorates shall be administered in accordance with the relevant regulations Article 52 This Law shall come into force as of July 1, 1995.
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