Rules for the Supervision of Civil Proceedings by People's Procuratorates
Rules for the Supervision of Civil Proceedings by People's Procuratorates
Rules for the Supervision of Civil Proceedings by People's Procuratorates
Gao Jian Fa Shi Zi [2021] No.1
June 26, 2021
The Rules for the Supervision of Civil Proceedings by People's Procuratorates, adopted at the 62nd meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on February 9, 2021, are hereby promulgated and shall come into effect as of August 1, 2021.
Rules for the Supervision of Civil Proceedings by People's Procuratorates
(Adopted at the 62nd meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on February 9, 2021, and effective as of August 1, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Withdrawal
Chapter III Acceptance
Chapter IV Examination
Section 1 General Provisions
Section 2 Hearing
Section 3 Investigation and Verification
Section 4 Suspension and Termination of Examination
Chapter V Supervision of Effective Judgments, Rulings or Mediation Statements
Section 1 General Provisions
Section 2 Procuratorial Recommendations for Retrial or Lodging Protests
Section 3 Protests
Section 4 Appearance in Court
Chapter VI Supervision against Illegal Activities of Judicial Officers during Trial Procedure
Chapter VII Supervision of Enforcement
Chapter VIII Case Management
Chapter IX Miscellaneous
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 The Rules for the Supervision of Civil Proceedings by People's Procuratorates (hereinafter referred to as the "Rules") are hereby formulated to safeguard and standardize the legal performance of civil procuratorial responsibilities of people's procuratorates in accordance with the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Civil Procedure Law"), the Law of the People's Republic of China on the Organization of the People's Procuratorates and other relevant provisions and in combination with the actual circumstances of people's procuratorates.
Article 2 The people's procuratorate shall independently exercise the procuratorial power in handling civil procedural supervision cases to safeguard judicial justice and judicial authority, protect the interests of the State and public interest, protect the lawful rights and interests of natural persons, legal persons and unincorporated organizations and guarantee the unified and correct implementation of national laws.
Article 3 The people's procuratorate shall conduct legal supervision of civil procedural activities by means of protest, procuratorial recommendation or otherwise.
Article 4 In handling the civil procedural supervision cases, the people's procuratorate shall take the facts as the basis and the law as the standard, adhere to the principles of openness, fairness, justice and good faith, respect and protect the procedural rights of the parties concerned and supervise and support the people's court's exercise of the rights of jurisdiction and enforcement power in accordance with the law.
Article 5 The procuratorial department for accusation and appeal, the civil procuratorial department and the case management department shall be respectively responsible for the acceptance, handling and management of civil procedural supervision cases, and those departments shall cooperate and interact with each other.
Article 6 In handling civil procedural supervision cases, the people's procuratorate shall carry out the procurator case-handling responsibility system, and the procurator, chief procurator and procuratorial committee shall decide on case-handling matters within the scope of their respective duties and powers and bear corresponding judicial responsibilities in accordance with the provisions.
Article 7 In handling a civil procedural supervision case, a people's procuratorate may, based on the circumstances of the case, designate one procurator to handle the case alone or designate two or more procurators to form a case-handling team to handle the case. If the case is handled by the case-handling team, the chief procurator shall appoint a procurator as the main procurator to organize and direct the case handling.
In handling cases, prosecutors may be equipped with prosecutor assistants, clerks, judicial police, procuratorial technicians and other ancillary procuratorial personnel as needed. Auxiliary procuratorial personnel shall undertake corresponding auxiliary procuratorial affairs in accordance with relevant provisions.
Article 8 The supreme people's procuratorate shall exercise the leadership in civil procedural supervision of the local people's procuratorates at all levels and the special people's procuratorates, and superior people's procuratorates shall exercise the leadership in civil procedural supervision of inferior people's procuratorates.
Superior people's procuratorates shall have the right to order inferior people's procuratorates to correct or legally revoke or change decisions that are made by such inferior people's procuratorates, but that are believed to be wrong by superior people's procuratorates, while inferior people's procuratorates shall execute the decisions of superior people's procuratorates made in writing, and inform the superior people's procuratorates if they have different opinions when executing such decisions.
The superior people's procuratorates may uniformly call upon the procuratorial personnel in their jurisdictions to handle civil procedural supervision cases in accordance with the law, and decisions on the call shall be made in writing. The called procurator may perform relevant procuratorial duties on behalf of the people's procuratorate handling the case.
Article 9 The chief procurator of a people's procuratorate or its entrusted deputy chief procurator may attend, in accordance with relevant provisions, the meeting without voting right when the judicial committee of the people's court at the same level discusses the civil protest cases or other issues related to civil procedural supervision.
Article 10 In handling civil procedural supervision cases, the people's procuratorate shall implement the withdrawal system.
Article 11 In handling civil procedural supervision cases, procuratorial personnel shall uphold an objective and fair position and accept supervision conscientiously.
Procuratorial personnel may not accept invitations to meals, gifts or other benefits from the parties concerned or their agents ad litem, certain interested persons, or intermediary organizations, and may not meet the parties concerned and their entrusted persons in violation of the provisions.
Any procuratorial personnel who accept bribes and engage in malpractice for personal benefits, shall be investigated for disciplinary liability and legal liability.
Procuratorial personnel shall comprehensively, truthfully and promptly record and report the acts of inquiring, intervening in or meddling in the handling of civil procedural supervision cases and other major issues in accordance with the relevant provisions.
Chapter II Withdrawal
Article 12 Any procuratorial personnel under any of the following circumstances shall withdraw from a case, and a party concerned shall also have the right to request the withdrawal of such procuratorial personnel from the case in accordance with the provisions stipulated by Article 44 of the Civil Procedure Law.
The above provisions shall also apply to clerks, interpreters, experts and inspectors.
Article 13 Procuratorial personnel shall request a withdrawal orally or in writing and explain the reasons. The oral request if available shall be recorded in the file.
Article 14 The parties concerned shall request a withdrawal orally or in writing and explain the reasons before the people's procuratorate makes decisions on the protest or procuratorial recommendations. The oral request if available shall be recorded in the file and the request for a withdrawal in accordance with the provisions stipulated in Paragraph 2 of Article 44 of the Civil Procedure Law shall be provided with relevant evidence.
Pending a decision on withdrawal by the people's procuratorate, the member of the personnel requested to be withdrawn shall temporarily suspend his/her participation in the work for the case, unless the circumstances of the case require urgent measures.
Article 15 Where procuratorial personnel under circumstances where they should withdraw do not withdraw from a case, and a party concerned does not request them to withdraw from the case, the chief procurator or the procuratorial committee shall decide on their withdrawal.
Article 16 The withdrawal of a chief procurator shall be decided on by the procuratorial committee, and the withdrawal of procuratorial personnel and other personnel shall be decided on by the chief procurator. The discussion on the withdrawal of a chief procurator by the procuratorial committee shall be presided over by the deputy chief procurator, and the chief procurator may not attend such discussion.
Article 17 The decision by a people's procuratorate on a request for withdrawal raised by a party concerned shall be made within three days after the request and the applicant shall be notified of the decision. If the applicant disagrees with the decision, he/she may apply for review once upon receipt of the decision from the original decision-making authority. The decision by a people's procuratorate on an application for review shall be made within three days and the applicant shall be notified of the decision. During the period of review, the person requested to withdraw shall not suspend his/her participation in the work for the case.
Chapter III Acceptance
Article 18 Sources of civil procedural supervision cases includewhere:
1. Applications for supervision made to the people’s procuratorate by a party concerned
2. Accusations made to the people's procuratorate by a natural person, legal person or unincorporated organizations other than the parties concerned; and
3. Cases found by the people's procuratorate when performing its duties.
Article 19 The parties concerned may apply to the people's procuratorate for supervision under any of the following circumstances:
1. the civil judgments, rulings or mediation statements that have become legally effective comply with the provisions stipulated in Paragraph 1 of Article 209 of the Civil Procedure Law;
2. they consider that any member of the judicial officers commits violations during the civil trial procedure; or
3. they consider that there is a violation during the civil enforcement activity.
Article 20 The parties concerned shall, within two years from the date on which the people's court makes a ruling to reject an application for retrial or a judgment or a ruling for a retrial becomes legally effective, apply to the people's procuratorate for supervision in accordance with the provisions of Item 1 of Article 19 herein.
The period stipulated in this Article shall be a fixed period, and shall not be subject to provisions on suspension, interruption and extension of the period.
Cases for which a people's procuratorate initiates ex officio supervision procedures shall not be subject to the time limit specified in Paragraph 1 of this Article.
Article 21 When applying to the people's procuratorate for supervision, the party concerned shall submit a supervision application, identification certificate and relevant legal documentation and evidentiary materials. Where the evidence is provided, a detailed list shall be attached.
Where the application materials for supervision are insufficient, the people's procuratorate shall request the applicant to make supplementations within a time limit and expressly notify the applicant of all the materials to be supplemented in a one-off manner. If the applicant fails to do so within the time limit, it shall be deemed as withdrawal of an application for supervision.
Article 22 The supervision application stipulated by Article 21 herein shall specify the following matters:
1. name, gender, age, nationality, career, employer, residence and effective contact of the applicant, name and residence of legal person or unincorporated organizations or name, position and effective contact of the legal representative or the person chiefly in charge;
2. name, gender, employer, residence and effective contact of other parties concerned and name, residence, person in charge and effective contact of legal person or unincorporated organizations;
3. supervision application request; and
4. specific legal circumstances where the supervision application is raised and facts and reasons that the supervision application is based on.
The applicant shall submit the same copies of supervision application as the number of other parties concerned.
Article 23 The identification certificates stipulated by Article 21 herein shall include:
1. such effective certificates to prove one's identity as resident ID card, certificate of officers, certificate of soldiers and passport of a natural person; and
2. such effective certificates as copies of unified social credit code certificate or business licenses, organization code certificate of legal persons or unincorporated organizations or ID certificate of legal representative or person chiefly in charge.
For the ID certificates submitted by the party concerned, the people's procuratorate shall preserve copies thereof after checking.
Article 24 Relevant legal documentation stipulated by Article 21 herein refers to all the judgments, rulings, decisions and mediation statements issued during the litigation of a case by the people's court.
Article 25 The party concerned may entrust an agent ad litem to apply for supervision in accordance with the provisions of the Civil Procedural Law.
Article26 Where the party concerned applies for supervision, the people's procuratorate shall accept the cases under the following circumstances:
1. the application complies with the provisions of Article 19 herein;
2. the materials provided by the applicant comply with the provisions of Articles 21 to 24 herein;
3. the application falls into the acceptance range of the people's procuratorate; and
4. the application is free of the circumstances under which it shall be refused in accordance with the provisions herein.
Article 27 Where the party concerned applies to a people's procuratorate for supervision in accordance with the provisions stipulated by Paragraph 1 of Article 209 of the Civil Procedure Law, the people's procuratorate shall not accept the case under any of the following circumstances:
1. the party concerned does not apply to the people's court for a retrial;
2. the application of the party concerned for a retrial is after the time limit stipulated by the law has expired, except for a reason therefor not attributable to the party concerned;
3. the people's court is examining the civil retrial application within the statutory time limit;
4. the people's court has granted a retrial, which is not concluded;
5. the party concerned applies for judging or mediating the termination of marriage but disagrees with the division of property;
6. the case has been concluded and ruled on by the people's procuratorate;
7.
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Gao Jian Fa Shi Zi [2021] No.1
June 26, 2021
The Rules for the Supervision of Civil Proceedings by People's Procuratorates, adopted at the 62nd meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on February 9, 2021, are hereby promulgated and shall come into effect as of August 1, 2021.
Rules for the Supervision of Civil Proceedings by People's Procuratorates
(Adopted at the 62nd meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on February 9, 2021, and effective as of August 1, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Withdrawal
Chapter III Acceptance
Chapter IV Examination
Section 1 General Provisions
Section 2 Hearing
Section 3 Investigation and Verification
Section 4 Suspension and Termination of Examination
Chapter V Supervision of Effective Judgments, Rulings or Mediation Statements
Section 1 General Provisions
Section 2 Procuratorial Recommendations for Retrial or Lodging Protests
Section 3 Protests
Section 4 Appearance in Court
Chapter VI Supervision against Illegal Activities of Judicial Officers during Trial Procedure
Chapter VII Supervision of Enforcement
Chapter VIII Case Management
Chapter IX Miscellaneous
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 The Rules for the Supervision of Civil Proceedings by People's Procuratorates (hereinafter referred to as the "Rules") are hereby formulated to safeguard and standardize the legal performance of civil procuratorial responsibilities of people's procuratorates in accordance with the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Civil Procedure Law"), the Law of the People's Republic of China on the Organization of the People's Procuratorates and other relevant provisions and in combination with the actual circumstances of people's procuratorates.
Article 2 The people's procuratorate shall independently exercise the procuratorial power in handling civil procedural supervision cases to safeguard judicial justice and judicial authority, protect the interests of the State and public interest, protect the lawful rights and interests of natural persons, legal persons and unincorporated organizations and guarantee the unified and correct implementation of national laws.
Article 3 The people's procuratorate shall conduct legal supervision of civil procedural activities by means of protest, procuratorial recommendation or otherwise.
Article 4 In handling the civil procedural supervision cases, the people's procuratorate shall take the facts as the basis and the law as the standard, adhere to the principles of openness, fairness, justice and good faith, respect and protect the procedural rights of the parties concerned and supervise and support the people's court's exercise of the rights of jurisdiction and enforcement power in accordance with the law.
Article 5 The procuratorial department for accusation and appeal, the civil procuratorial department and the case management department shall be respectively responsible for the acceptance, handling and management of civil procedural supervision cases, and those departments shall cooperate and interact with each other.
Article 6 In handling civil procedural supervision cases, the people's procuratorate shall carry out the procurator case-handling responsibility system, and the procurator, chief procurator and procuratorial committee shall decide on case-handling matters within the scope of their respective duties and powers and bear corresponding judicial responsibilities in accordance with the provisions.
Article 7 In handling a civil procedural supervision case, a people's procuratorate may, based on the circumstances of the case, designate one procurator to handle the case alone or designate two or more procurators to form a case-handling team to handle the case. If the case is handled by the case-handling team, the chief procurator shall appoint a procurator as the main procurator to organize and direct the case handling.
In handling cases, prosecutors may be equipped with prosecutor assistants, clerks, judicial police, procuratorial technicians and other ancillary procuratorial personnel as needed. Auxiliary procuratorial personnel shall undertake corresponding auxiliary procuratorial affairs in accordance with relevant provisions.
Article 8 The supreme people's procuratorate shall exercise the leadership in civil procedural supervision of the local people's procuratorates at all levels and the special people's procuratorates, and superior people's procuratorates shall exercise the leadership in civil procedural supervision of inferior people's procuratorates.
Superior people's procuratorates shall have the right to order inferior people's procuratorates to correct or legally revoke or change decisions that are made by such inferior people's procuratorates, but that are believed to be wrong by superior people's procuratorates, while inferior people's procuratorates shall execute the decisions of superior people's procuratorates made in writing, and inform the superior people's procuratorates if they have different opinions when executing such decisions.
The superior people's procuratorates may uniformly call upon the procuratorial personnel in their jurisdictions to handle civil procedural supervision cases in accordance with the law, and decisions on the call shall be made in writing. The called procurator may perform relevant procuratorial duties on behalf of the people's procuratorate handling the case.
Article 9 The chief procurator of a people's procuratorate or its entrusted deputy chief procurator may attend, in accordance with relevant provisions, the meeting without voting right when the judicial committee of the people's court at the same level discusses the civil protest cases or other issues related to civil procedural supervision.
Article 10 In handling civil procedural supervision cases, the people's procuratorate shall implement the withdrawal system.
Article 11 In handling civil procedural supervision cases, procuratorial personnel shall uphold an objective and fair position and accept supervision conscientiously.
Procuratorial personnel may not accept invitations to meals, gifts or other benefits from the parties concerned or their agents ad litem, certain interested persons, or intermediary organizations, and may not meet the parties concerned and their entrusted persons in violation of the provisions.
Any procuratorial personnel who accept bribes and engage in malpractice for personal benefits, shall be investigated for disciplinary liability and legal liability.
Procuratorial personnel shall comprehensively, truthfully and promptly record and report the acts of inquiring, intervening in or meddling in the handling of civil procedural supervision cases and other major issues in accordance with the relevant provisions.
Chapter II Withdrawal
Article 12 Any procuratorial personnel under any of the following circumstances shall withdraw from a case, and a party concerned shall also have the right to request the withdrawal of such procuratorial personnel from the case in accordance with the provisions stipulated by Article 44 of the Civil Procedure Law.
The above provisions shall also apply to clerks, interpreters, experts and inspectors.
Article 13 Procuratorial personnel shall request a withdrawal orally or in writing and explain the reasons. The oral request if available shall be recorded in the file.
Article 14 The parties concerned shall request a withdrawal orally or in writing and explain the reasons before the people's procuratorate makes decisions on the protest or procuratorial recommendations. The oral request if available shall be recorded in the file and the request for a withdrawal in accordance with the provisions stipulated in Paragraph 2 of Article 44 of the Civil Procedure Law shall be provided with relevant evidence.
Pending a decision on withdrawal by the people's procuratorate, the member of the personnel requested to be withdrawn shall temporarily suspend his/her participation in the work for the case, unless the circumstances of the case require urgent measures.
Article 15 Where procuratorial personnel under circumstances where they should withdraw do not withdraw from a case, and a party concerned does not request them to withdraw from the case, the chief procurator or the procuratorial committee shall decide on their withdrawal.
Article 16 The withdrawal of a chief procurator shall be decided on by the procuratorial committee, and the withdrawal of procuratorial personnel and other personnel shall be decided on by the chief procurator. The discussion on the withdrawal of a chief procurator by the procuratorial committee shall be presided over by the deputy chief procurator, and the chief procurator may not attend such discussion.
Article 17 The decision by a people's procuratorate on a request for withdrawal raised by a party concerned shall be made within three days after the request and the applicant shall be notified of the decision. If the applicant disagrees with the decision, he/she may apply for review once upon receipt of the decision from the original decision-making authority. The decision by a people's procuratorate on an application for review shall be made within three days and the applicant shall be notified of the decision. During the period of review, the person requested to withdraw shall not suspend his/her participation in the work for the case.
Chapter III Acceptance
Article 18 Sources of civil procedural supervision cases includewhere:
1. Applications for supervision made to the people’s procuratorate by a party concerned
2. Accusations made to the people's procuratorate by a natural person, legal person or unincorporated organizations other than the parties concerned; and
3. Cases found by the people's procuratorate when performing its duties.
Article 19 The parties concerned may apply to the people's procuratorate for supervision under any of the following circumstances:
1. the civil judgments, rulings or mediation statements that have become legally effective comply with the provisions stipulated in Paragraph 1 of Article 209 of the Civil Procedure Law;
2. they consider that any member of the judicial officers commits violations during the civil trial procedure; or
3. they consider that there is a violation during the civil enforcement activity.
Article 20 The parties concerned shall, within two years from the date on which the people's court makes a ruling to reject an application for retrial or a judgment or a ruling for a retrial becomes legally effective, apply to the people's procuratorate for supervision in accordance with the provisions of Item 1 of Article 19 herein.
The period stipulated in this Article shall be a fixed period, and shall not be subject to provisions on suspension, interruption and extension of the period.
Cases for which a people's procuratorate initiates ex officio supervision procedures shall not be subject to the time limit specified in Paragraph 1 of this Article.
Article 21 When applying to the people's procuratorate for supervision, the party concerned shall submit a supervision application, identification certificate and relevant legal documentation and evidentiary materials. Where the evidence is provided, a detailed list shall be attached.
Where the application materials for supervision are insufficient, the people's procuratorate shall request the applicant to make supplementations within a time limit and expressly notify the applicant of all the materials to be supplemented in a one-off manner. If the applicant fails to do so within the time limit, it shall be deemed as withdrawal of an application for supervision.
Article 22 The supervision application stipulated by Article 21 herein shall specify the following matters:
1. name, gender, age, nationality, career, employer, residence and effective contact of the applicant, name and residence of legal person or unincorporated organizations or name, position and effective contact of the legal representative or the person chiefly in charge;
2. name, gender, employer, residence and effective contact of other parties concerned and name, residence, person in charge and effective contact of legal person or unincorporated organizations;
3. supervision application request; and
4. specific legal circumstances where the supervision application is raised and facts and reasons that the supervision application is based on.
The applicant shall submit the same copies of supervision application as the number of other parties concerned.
Article 23 The identification certificates stipulated by Article 21 herein shall include:
1. such effective certificates to prove one's identity as resident ID card, certificate of officers, certificate of soldiers and passport of a natural person; and
2. such effective certificates as copies of unified social credit code certificate or business licenses, organization code certificate of legal persons or unincorporated organizations or ID certificate of legal representative or person chiefly in charge.
For the ID certificates submitted by the party concerned, the people's procuratorate shall preserve copies thereof after checking.
Article 24 Relevant legal documentation stipulated by Article 21 herein refers to all the judgments, rulings, decisions and mediation statements issued during the litigation of a case by the people's court.
Article 25 The party concerned may entrust an agent ad litem to apply for supervision in accordance with the provisions of the Civil Procedural Law.
Article26 Where the party concerned applies for supervision, the people's procuratorate shall accept the cases under the following circumstances:
1. the application complies with the provisions of Article 19 herein;
2. the materials provided by the applicant comply with the provisions of Articles 21 to 24 herein;
3. the application falls into the acceptance range of the people's procuratorate; and
4. the application is free of the circumstances under which it shall be refused in accordance with the provisions herein.
Article 27 Where the party concerned applies to a people's procuratorate for supervision in accordance with the provisions stipulated by Paragraph 1 of Article 209 of the Civil Procedure Law, the people's procuratorate shall not accept the case under any of the following circumstances:
1. the party concerned does not apply to the people's court for a retrial;
2. the application of the party concerned for a retrial is after the time limit stipulated by the law has expired, except for a reason therefor not attributable to the party concerned;
3. the people's court is examining the civil retrial application within the statutory time limit;
4. the people's court has granted a retrial, which is not concluded;
5. the party concerned applies for judging or mediating the termination of marriage but disagrees with the division of property;
6. the case has been concluded and ruled on by the people's procuratorate;
7.
......