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Organic Law of the People's Procuratorates of
the People's Republic of China
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, promulgated by Order No.4 of the Chairman of the Standing Committee of the National People's Congress on July 5, 1979 and effective as of January 1, 1980; amened according to the Decision on the Revision of the Organic Law of the People's Procuratorates of the People's Republic of China adopted at the Second Meeting of the Standing Committee of the Sixth National People's Congress on September 2, 1983)
Contents
Chapter I General Provisions
Chapter II Procedures for People's Procuratorates in Exercising Their Functions and Powers
Chapter III The Organizational Structure and the Appointment and Removal of Personnel of People's Procuratorates
Chapter I
General Provisions
Article 1 The people's procuratorates of the People's Republic of China are state organs for legal supervision.
Article 2 The People's Republic of China shall establish the Supreme People's Procuratorate, the people's procuratorates at various local levels, military procuratorates and other special people's procuratorates. (Amended on September 2, 1983)
The people's procuratorates at various local levels shall be divided into:
(1) people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government;
(2) branches of the people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government, and people's procuratorates of autonomous prefectures and of cities directly under the provincial governments; and
(3) people's procuratorates of counties, cities, autonomous counties and municipal districts.
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People's procuratorates at the provincial or county level may, according to work requirements and upon the approval of the standing committee of the people's congress at the corresponding level, set up people's procuratorates as their agencies in industrial and mining areas, agricultural reclamation areas, forest zones, etc. (A paragraph is deleted here on September 2, 1983)
The establishment, organization and functions and powers of special people's procuratorates shall be stipulated separately by the Standing Committee of the National People's Congress.
Article 3 People's procuratorates at all levels shall each have a chief procurator, a number of deputy chief procurators and procurators. The chief procurator exercises unified leadership over the work of the procuratorates.
The leading officials of the Supreme People's Procuratorate are the Procurator-General and Deputy Procurators-General. -Trans.
People's procuratorates at all levels shall each set up a procuratorial committee. The procuratorial committee shall apply the system of democratic centralism and, under the direction of the chief procurator, hold discussions and make decisions on important cases and other major issues. In the case of the chief procurator disagreeing with the majority's opinion over a decision on an important issue, the matter may be reported to the standing committee of the people's congress at the corresponding level for final decision.
Article 4 The people's procuratorates shall, through exercising their procuratorial authority, suppress all treasonous activities, all activities to dismember the State and other counterrevolutionary activities, and strike at counterrevolutionaries and other criminals, so as to safeguard the unification of the country, the system of proletarian dictatorship and the socialist legal system; to maintain public order and order in production, education, scientific research and other work, and in the life of the people; to protect the socialist property owned by the whole people and by the collectives of the working masses, and the private property lawfully owned by citizens; to protect the citizens' rights of the person and their democratic and other rights; and to ensure the smooth progress of the socialist modernization.
The people's procuratorates, through procuratorial activities, educate the citizens to be loyal to their socialist motherland, to consciously observe the Constitution and other laws and to actively fight against illegal activities.
Article 5 People's procuratorates at all levels shall exercise the following functions and powers:
(1) to exercise procuratorial authority over cases of treason, cases involving acts to dismember the State and other major criminal cases severely impeding the unified enforcement of State policies, laws, decrees and administrative orders;
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(2) to conduct investigations on criminal cases directly handled by themselves;
(3) to review cases investigated by public security organs and determine whether to approve arrest, to prosecute or to exempt from prosecution; and to exercise supervision over the investigatory activities of public security organs, to determine whether they conform to law;
(4) to initiate public prosecutions on criminal cases and support such prosecutions; and to exercise supervision over the judicial activities of people's courts, to determine whether they conform to law; and
(5) to exercise supervision over the execution of judgments and orders in criminal cases and over the activities of prisons, detention houses and organs in charge of reform through labour, to determine whether such execution and activities conform to law.
Article 6 People's procuratorates shall, in accordance with law, protect the citizens' right to lodge complaints against State functionaries who break law and shall investigate the legal responsibility of those persons who infringe upon other citizens' right of the person, and their democratic and other rights.
Article 7 People's procuratorates must, in executing their work, persistently seek truth from facts, follow the mass line, heed the opinions of the masses and subject themselves to the supervision by the masses; make investigation and study, laying stress on evidence rather than readily giving credence to oral statements, and strictly forbidding the obtainment of confessions by compulsion; and correctly differentiate and handle contradictions between the enemy and the people, and those among the people themselves.
The functionaries of the people's procuratorates at all levels must pay high regard to actual facts and law, be faithful to the socialist cause and serve the people wholeheartedly.
Article 8 In the exercise of procuratorial authority by people's procuratorates at all levels, the law shall be applied equally to all citizens, and no privileges shall be allowed.
Article 9 The people's procuratorates shall exercise procuratorial authority independently, in accordance with the provisions of law, and shall not be subject to interference by any administrative organ, public organization or individual.
Article 10 The Supreme People's Procuratorate shall be responsible and report on its work to the National People's Congress and its Standing Committee. The people's procuratorates at various local levels shall be responsible and report on their work to the people's congresses and their standing committees at corresponding levels.
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《检察院组织法》word版
