Organic Law of People's Procuratorates of the People's Republic of China (Revised in 2018))
Organic Law of People's Procuratorates of the People's Republic of China (Revised in 2018))
Organic Law of People's Procuratorates of the People's Republic of China (Revised in 2018))
Order of the President of the People's Republic of China No.12
October 26, 2018
The Organic Law of People's Procuratorates of the People's Republic of China (Revised in 2018), which was revised and adopted at the sixth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 26, 2018, is hereby published for implementation as of January 1, 2019.
Xi Jinping, president of the People's Republic of China
Organic Law of People's Procuratorates of the People's Republic of China (Revised in 2018)
(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.
......
Order of the President of the People's Republic of China No.12
October 26, 2018
The Organic Law of People's Procuratorates of the People's Republic of China (Revised in 2018), which was revised and adopted at the sixth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 26, 2018, is hereby published for implementation as of January 1, 2019.
Xi Jinping, president of the People's Republic of China
Organic Law of People's Procuratorates of the People's Republic of China (Revised in 2018)
(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.
......