Law of the People's Republic of China on the Organization of the People's Procuratorates (Revised in 1983)
Law of the People's Republic of China on the Organization of the People's Procuratorates (Revised in 1983)
Law of the People's Republic of China on the Organization of the People's Procuratorates (Revised in 1983)
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; amened in accordance with the Decisions 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)
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.
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. 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.
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