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(Adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28 1995, promulgated by Order No. 39 of the President of the People's Republic of China on February 28, 1995, and effective as of July 1, 1995)

时效性:已被修正  颁布日期:19950228  实施日期:19950701  失效日期:20020101  颁布单位:全国人大常委会

  Chapter Ⅰ Genera 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 ⅩⅣ Retirement

  Chapter ⅩⅤ Petition and Complaint

  Chapter ⅩⅥ Commission for Examination and Assessment of Public Procurators

  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 pr

ocuratorial work; and

  (6) to accept legal supervision and supervision by the masses.

  Article 9 Public procurators shall enjoy the following rights:

  (l) 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) to receive training;

  (7) to lodge petitions or complaints; and

  (8) to resign their posts. Chapter IV Qualifications for a Public Procurator

  Article l0 A public procurator must possess the following qualifications:

  (l) to be of the nationality of the People's Republic of China;

  (2) to have reached the age of 23;

  (3) to endorse the Constitution of the People's Republic of China,

  (4) to have fine political and professional quality and to be good in conduct,

  (5) to be in good health; and

  (6) to have worked for at least two years in the case of graduates from law specialties of colleges or universities or from non-law specialties of colleges or universities but possessing the professional knowledge of law, or to have worked for at least one year in the case of Bachelors of Law; those who have Master's Degree of Law or Doctor's Degree of Law may be not subject to the above-mentioned requirements for the number of years set for work.

  The public procurators who do not possess the qualifications as provided by sub-paragraph (6) of the preceding paragraph prior to the implementation of this Law shall receive training so as to meet the qualifications as provided by this Law within a prescribed time limit. The specific measures shall be laid down by the Supreme People's Procuratorate.

  Article 11 The following persons shall not hold the post of a public procurator:

  (l) to have been subjected to criminal punishment for commission of a crime; or

  (2) to have been discharged from public employment. Chapter V Appointment and Removal

  Article l2 A public procurator shall be appointed or removed from the post in accordance with the limit of authority for, and procedures of, appointment or removal as prescribed by the Constitution and laws.

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

  The chief procurators of the local People's Procuratorates at various levels shall be elected or removed by the local people's congresses at the corresponding levels. The deputy chief procurators, members of the Procuratorial committees and procurators shall be appointed or removed by the standing committees of the people's congresses at the corresponding levels upon the recommendation of the chief procurators of those procuratorates.

  The appointment or removal of the chief procurators of the local People's Procuratorates at the various levels must be reported to the chief Procurators of the People's Procuratorates at the next higher level, who shall submit the matter to the standing committee of the people's congress at that level for approval.

  The chief procurators, deputy chief procurators, members of the procuratorial comm

ittees and procurators of the branches of the People's Procuratorates set up in prefectures in the provinces or autonomous regions or set up in the municipalities directly under the Central Government shall be appointed or removed by the standing committees of the people's congresses at the corresponding levels upon the recommendation of the chief procurators of the People's Procuratorates of the provinces, autonomous regions or municipalities directly under the Central Government.

  The assistant procurators of the People's Procuratorates shall be appointed or removed by the chief procurators of the procuratorates where they work.

  The measures for the appointment or removal of the chief procurators, deputy chief procurators, members of the procuratorial committees and procurators of such special People's Procuratorates as the military procuratorates shall be formulated by the Standing Committee of the National People's Congress separately.

  Article l3 Persons to be appointed procurators or assistant procurators for the first time shall be selected through public examination and strict appraisal, from among the best qualified for the post, and in accordance with the standards of having both ability and political integrity.

  Persons to be appointed chief procurators, deputy chief procurators or members of procuratorial committees shall be selected from among those who are experienced in practical work.

  Article l4 If a public procurator is found to be in any of the following circumstances, a report shall be submitted according to law concerning the removal of his or her post:

  (1) having forfeited the nationality of the People's Republic of China,

  (2) having been transferred out of this p


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