Organic Law of 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; amended for the first time in accordance with the Decision on Amending the Organic Law of People’s Procuratorates of the People's Republic of China adopted at the 2nd Meeting of the Standing Committee of the Sixth National People's Congress on September 2, 1983; amended for the second time according to the Decision on Amending the Organic Law of Local People’s Congresses and Local People’s Governments of the People’s Republic of China adopted at the 18th Meeting of the Standing Committee of the Sixth National People's Congress on December 2, 1986; and revised at the 6th meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018)

Contents

Chapter I  General Provisions

Chapter II  Establishment, Functions and Powers

Chapter III  Case Processing Units

Chapter IV  Personnel Composition

Chapter V  Support for Exercising Functions and Powers

Chapter VI  Supplementary Provision

Chapter I  General Provisions

Article 1  This Law is enacted in accordance with the Constitution in order to regulate the establishment, organization, functions and  powers of the people’s procuratorates and to ensure their performance of duties in accordance with the law.

Article 2  The people's procuratorates are the state’s legal oversight organs.

By exercising the procuratorial power and initiating criminal prosecution, people's procuratorates maintain national security and social order, protect the legitimate rights and interests of individuals and organizations, safeguard national, social and public interests, ensure the correct implementation of laws, maintain social fairness and justice, preserve the unity, sanctity and authority of China’s legal system, and ensure the smooth development 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 independently exercise the procuratorial power in accordance with the law and the exercise of the said power shall not be interfered by administrative organs, societies or individuals.

Article 5  People’s procuratorates shall apply the law impartially in exercising procuratorial power, disallow any organization or individual to be above the law, and shall not practice discrimination in any form.

Article 6  People’s procuratorates shall uphold judicial justice, take facts as the basis and the law as the criterion, abide by statutory procedures, and respect and protect human rights.

Article 7  People’s procuratorates shall ensure judicial transparency, except otherwise prescribed  by law.

Article 8  People’s procuratorates shall implement the judicial accountability system to establish and improve the operational mechanism of judicial power with the integration of powers and responsibilities.

Article 9  The Supreme People's Procuratorate shall be responsible to and report its work to the National People's Congress and its Standing Committee. Local people’s procuratorates at all levels shall be responsible to and report their work to the people's congresses and their standing committees at the corresponding levels.

People’s congresses and their standing committees at all levels shall supervise the work of people’s procuratorates at the corresponding levels.

Article 10  The Supreme People’s Procuratorate is the highest procuratorial organ.

The Supreme People’s Procuratorate shall guide local people's procuratorates at all levels and special people’s procuratorates; the people's procuratorates at a higher level shall guide the people’s procuratorates at lower levels.

Article 11  People’s procuratorates shall accept public supervision and ensure people's rights to know about, participate in and oversee the work of people’s procuratorates in accordance with the law.

Chapter II  Establishment, Functions and Powers

Article 12  People’s procuratorates consist of:

(1) the Supreme People’s Procuratorate;

(2) local people’s procuratorates at all levels; and

(3) military procuratorates and other special people’s procuratorates.

Article 13  Local people’s procuratorates at all levels are categorized into:

(1) people’s procuratorates at the provincial level, including those of provinces, autonomous regions and municipalities directly under the Central Government;

(2) people’s procuratorates at the level of city divided into districts, including people’s procuratorates of cities directly under the provincial or autonomous region government, people’s procuratorates of autonomous prefectures, and branches of people’s procuratorates of  provinces, autonomous regions and municipalities directly under the Central Government; and

(3) primary-level people’s procuratorates, including people’s procuratorates of counties, autonomous counties, cities not divided into districts, and municipal districts.

Article 14  The organization, scope of jurisdiction, and appointment and removal of procurators of people’s procuratorates in Xinjiang Production and Construction Corps shall be determined in accordance with relevant regulations of the Standing Committee of the National People’s Congress.

Article 15  The establishment, organization, functions and powers of special people’s procuratorates and the appointment and removal of procurators thereof shall be provided by the Standing Committee of the National People's Congress.

Article 16  People’s procuratorates at the provincial level and at the level of city divided into districts may, as required in procuratorial work, establish people’s procuratorates as dispatched bodies in specific areas within their respective jurisdictions, after obtaining the consent of the Supreme People’s Procuratorate and relevant provincial-level departments, and the approval of the standing committees of the people’s congresses at the corresponding levels.

Article 17  People’s procuratorates may, as required in procuratorial work, establish procurator’s offices in places such as prisons and detention centers, which shall exercise part of the functions and powers of the people’s procuratorates that have established them. The procurator’s offices may also regularly conduct circuit inspection of the places mentioned above.

The establishment of procurator’s offices by the people's procuratorates at the provincial level shall be subject to the consent of the Supreme People’s Procuratorate and relevant provincial-level departments. The establishment of procurator’s offices by people’s procuratorates at the level of city divided into districts and the county level/primary level shall be subject to the consent of people’s procuratorates at the provincial level and relevant provincial departments.

Article 18  People’s procuratorates may, as required in procuratorial work, establish necessary functional bodies. People’s procuratorates at the level of city divided into districts and the county level/primary level with a limited number of procurator posts may set up comprehensive functional bodies.

Article 19  People’s procuratorates may, as required in procuratorial work, establish necessary procuratorial supporting bodies and administrative bodies.

Article 20  People’s procuratorates exercise the following functions and powers:

(1) investigating criminal cases in accordance with the law;

(2) reviewing criminal cases to approve or decide whether or not to arrest a suspect;

(3)reviewing criminal cases to decide whether or not to initiate prosecution, and supporting public prosecution in cases decided to be publicly prosecuted;

(4) initiating public interest litigation in accordance with the provisions of the law;

(5) legal oversight of litigation;

(6) legal oversight of the enforcement of effective legal documents such as judgments and rulings;

(7) legal oversight of law enforcement activities in prisons and detention centers; and

(8) other functions and powers prescribed by law.

Article 21  People’s procuratorates may, by exercising their legal oversight function and power as provided in Article 20 of this law, conduct investigation and verification, lodge protest, and give error-correction opinions and procuratorial suggestions in accordance with the law. Relevant entities shall cooperate with and respond to the people's procuratorates in writing in a timely manner on the adoption of error-correction opinions and procuratorial suggestions.

The scope of application and procedures for protests, error-correction opinions and procuratorial suggestions shall be in accordance with relevant provisions of the law.

Article 22  The Supreme People’s Procuratorate shall supervise the death penalty review of the Supreme People’s Court and shall review cases duly submitted for approval for prosecution and decide whether to proceed with prosecution.

Article 23  The Supreme People’s Procuratorate may explain the specific application of the law in procuratorial work.

The Supreme People's Procuratorate may issue guiding cases.

Article 24  A people’s procuratorate at a higher level may exercise the following functions and powers over a people’s procuratorate at a lower level:

(1) ordering a people’s procuratorate at a lower level to correct a decision, or revoke or modify the decision in accordance with the law, where it deems that the decision of a people’s procuratorate at a lower level is wrong;

(2) designating jurisdiction over cases under the jurisdiction of a people’s procuratorate at a lower level;

(3) taking over cases under the jurisdiction of a people’s procuratorate at a lower level; and

(4) assigning procuratorial personnel under its jurisdiction in a unified manner to handle cases.

The decision of the people’s procuratorate at a higher level shall be made in writing.

Article 25  People’s procuratorates at lower levels shall implement the decisions of people’s procuratorates at higher levels. In the case of different opinions, people’s procuratorates at lower levels may report to the people’s procuratorates at higher levels while implementing the decisions.

Article 26  The Procurator-General (chief procurator) or Deputy Procurators-General (deputy chief procurators) entrusted by the Procurator-General (chief procurator)  may attend the adjudication committee meeting of the people’s court at the same level as non-voting participants.

Article 27  The people’s supervisors shall supervise the handling of cases by people’s procuratorates in accordance with relevant regulations. 

Chapter III  Case Processing Units

Article 28  When a people’s procuratorate handles a case, such a case may, according to its circumstances, be dealt with independently by one procurator or a team of two or more procurators.

If the case is handled by a team of procurators, the Procurator-General (chief procurator) shall designate one team member to act as the principal procurator to organize and direct the team.

Article 29  Procurators shall work under the leadership of the Procurator-General (chief procurator); major issues in case handling shall be decided by the Procurator-General (chief procurator). The Procurator-General (chief procurator) may delegate part of his  functions and powers to a procurator and authorize the procurator to issue legal documents.

Article 30  People’s procuratorates at all levels shall set up procuratorial committees. A procuratorial committee shall be composed of an odd number of members, including the Procurator-General (chief procurator), Deputy Procurators-General (deputy chief procurators) and senior procurators.

Article 31  A procuratorial committee shall perform the following functions:

(1) summing up procuratorial experience;

(2) discussing and deciding on major, difficult and complicated cases; and

(3) discussing and deciding on other major issues related to procuratorial work.

The explanations of the specific application of the law in procuratorial work and the issuing of guiding cases by the Supreme People’s Procuratorate shall be discussed and adopted by its procuratorial committee.

Article 32  The meeting of a procuratorial committee shall have more than half of its component members present. 

The meeting of a procuratorial committee shall be presided over by the Procurator-General (chief procurator) or the Deputy Procurator-General (deputy chief procurator) entrusted by the Procurator-General (chief procurator). The procuratorial committee shall practice democratic centralism.

Where the chief procurators of local people’s procuratorates at all levels do not agree with the majority opinion of the procuratorial committee of their procuratorates, if the issue in question is related to case handling, it may be reported to the people’s procuratorate at the next higher level for decision. If the issue in question falls into the category of a major issue, it may be submitted to the people's procuratorate at the next higher level or the standing committee of the people’s congress at the same level for decision.

Article 33  Procurators may refer major cases and other major issues to the Procurator-General (chief procurator) for decision. The Procurator-General (chief procurator) may, according to the circumstances of the case, submit the matter to the procuratorial committee for discussion and decision.

When a procuratorial committee discusses a case, the procurator shall be accountable for the facts he presents, and members of the Procuratorial Committee shall be accountable for their own opinions and votes. The decisions of the procuratorial committee shall be implemented by procurators.

Article 34  People’s procuratorates shall implement a procurator accountability system. Procurators shall be accountable for the decisions made on cases within their mandates. If the Procurator-General (chief procurator) or the procuratorial committee makes a decision on a case, he shall bear corresponding responsibilities.

Chapter IV  Personnel Composition

Article 35  The procuratorial personnel of the people’s procuratorate shall be composed of the Procurator-General (chief procurator), Deputy Procurators-General (deputy chief procurators),  procuratorial committee members, procurators, and other personnel.

Article 36  The Procurator-General (chief procurator) shall lead the procuratorial work and manage the administrative affairs of a people’s procuratorate. Deputy Procurators-General (deputy chief procurators) shall assist the Procurator-General (chief procurator) in his work.

Article 37  The Procurator-General of the Supreme People's Procuratorate shall be elected and removed by the National People's Congress. Deputy Procurators-General, other members of the procuratorial committee, and procurators shall be appointed and removed by the Standing Committee of the National People's Congress upon request of the Procurator-General.

Article 38  The chief procurators of local people’s procuratorates at various levels shall be elected and removed by the people’s congresses at the corresponding level. Deputy chief procurators, other members of procuratorial committees and procurators shall be appointed and removed by the standing committees of the people’s congresses at the corresponding level upon the request of the chief procurators.

The appointment and removal of the chief procurator of a local people’s procuratorate at each level shall be reported to the chief procurator of the people’s procuratorate at the next higher level for submission to the standing committee of the people’s congress at the corresponding level for approval.

The chief procurator, deputy chief procurators, other members of the procuratorial committee and procurators of a branch of a people’s procuratorate of a province, an autonomous region or a municipality directly under the Central Government shall be appointed and removed by the standing committee of the people’s congress at the provincial level upon the request of the chief procurator of the people’s procuratorate of the province, autonomous region or municipality directly under the Central Government.

Article 39  The term of office of the Procurator-General (chief procurator) of a people’s procuratorate shall be the same as that of the people’s congress at which they are elected.

The Standing Committee of the National People’s Congress and the standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government may replace the chief procurators, deputy chief procurators and other members of the procuratorial committees of the people’s procuratorates at lower levels at the recommendation of the Procurator-General (chief procuratorate) at the corresponding level.

Article 40  Procurators, procuratorial supporting staff and judicial administrative staff of the people’s procuratorates shall be managed by category.

Article 41  Procurators shall be subject to staff quota management. The number of posts for procurators is determined based on the number of cases, the level of economic and social development, the population, and the level of the people’s procuratorate in question.

The number of procurator posts of the Supreme People’s Procuratorate shall be determined by the Supreme People’s Procuratorate in consultation with relevant departments. The number of procurator posts in local people’s procuratorates at various levels are subject to total staffing control and dynamic management within each province, autonomous region and municipality directly under the Central Government.

Article 42  Procurators shall be selected from among persons who have obtained legal professional qualifications and met other conditions prescribed by law. Procurators serving their first post shall be examined by a procurator selection committee in terms of their professional competence. Generally, Procurators of people’s procuratorates at higher levels shall be selected from among procurators of people’s procuratorates at lower levels based on merits.

The Procurator-General (chief procurators) shall have professional legal knowledge and experience of legal practice. The Deputy Procurators-General (deputy chief procurators) and other procuratorial committee members shall be selected from among procurators, judges or other persons who have met the requirements of procurators and judges.

The duties of, management of and support for procurators are provided by the Procurators Law of the People’s Republic of China.

Article 43  Procurator assistants of people’s procuratorates shall be responsible for procuratorial supporting matters such as  examination of case materials, drafting legal documents and other supporting matters under the guidance of procurators.

A procurator assistant who is eligible for the appointment of a procurator may, after selection, be appointed as a procurator in accordance with the procedure for the appointment and removal of procurators.

Article 44  Clerks of the people’s procuratorates shall be responsible for recording cases and other affairs supporting prosecution.

Article 45  The judicial police of the people’s procuratorates shall be responsible for policing matters such as cordoning off the case handling zones, as well as escort and custody.

Judicial police are administered in accordance with the People's Police Law of the People’s Republic of China.

Article 46  People’s procuratorates may, as required by procuratorial work, establish posts of technical experts, who are responsible for matters related to procuratorial work.

Chapter V  Support for Exercising Functions and Powers

Article 47  No entity or individual may require a procurator to engage in affairs beyond the scope of his statutory functions and duties.

Where a leader or an official interferes in any judicial activity or the handling of a specific case, or if anyone of a people’s procuratorate intervenes in a case, the persons handling the case shall fully and truthfully record and report on such interference. In case of violations of the law and discipline, the competent authorities shall, according to circumstances of the case, hold the violators accountable.

Article 48  People’s procuratorates shall adopt necessary measures to maintain security in handling cases. Legal liability shall be pursued in accordance with the law for illegal and criminal acts that obstruct people’s procuratorates from exercising functions and powers in accordance with the law.

Article 49  People’s procuratorates shall implement a training system, whereby procurators, procuratorial assistants and judicial administrative staff shall receive theoretical and practical training. 

Article 50  The staffing of the people’s procuratorates shall be subject to separate management.

Article 51  The expenditure of people’s procuratorates shall, according to the principle of the division of duties and powers, be included in the government budget to satisfy the needs of procuratorial work.

Article 52  People’s procuratorates shall strengthen their digitalization via information technology to promote judicial transparency and improve efficiency.

Chapter VI  Supplementary Provision

Article 53  This Law shall come into force on January 1, 2019.