Public Procurators Law of the People's Republic of China
Public Procurators Law of the People's Republic of China
Public Procurators Law of the People's Republic of China
Order of President No.39
February 28, 1995
The Public Procurators Law of the People's Republic of China which has been adopted at the 12th Session of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on February 28, 1995 is hereby promulgated, and shall come into force as of July 1, 1995.
Chairman Jiang Zemin
Public Procurators Law of the People's Republic of China
Adopted at the 12th Session of the Standing Committee of the Eighth National People's Congress on February 28, 1995
Content
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 XV Petition and Complaint
CHAPTER XVI Commission for Examination and Assessment of Public
CHAPTER XVII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to ensure that the People's Procuratorates exercise legal supervision and independently exercise procuratorial authority according to law and that public procurators perform their functions and duties according to law, to enhance the quality of public procurators, and to realize the scientific administration of public procurators.
Article 2 Public procurators are the procuratorial personnel who exercise the procuratorial authority of the State according to law, including chief procurators, deputy chief procurators (the Procurator- General, Deputy Procurators-General of the Supreme People's Procuratorate), members of procuratorial committees, procurators and assistant procurators of the Supreme People's Procuratorate, local people's procuratorates at various levels and special people's procuratorates such as military procuratorates.
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 and of the special People's Procuratorates. The People's Procuratorates at higher levels shall exercise leadership over the work of the People's Procuratorates at lower levels.
Chapter II Functions and Duties
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 and duties, perform other functions and duties commensurate with their posts.
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 their functions and duties;
3. to safeguard the State interests and public interests, and to safeguard the lawful rights and interests of citizens, legal persons and other organizations;
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 and duties according to law;
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 through statutory procedures;
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.
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