Procurators Law of the People's Republic of China (Revision 2019)
Presidential Decree No. 28
The Procurators Law of the People's Republic of China, revised and adopted at the 10th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on April 23, 2019, is hereby promulgated for implementation as of October 1, 2019.
President Xi Jinping
April 23, 2019
（1995年2月28日第八届全国人民代表大会常务委员会第十二次会议通过 根据2001年6月30日第九届全国人民代表大会常务委员会第二十二次会议《关于修改〈中华人民共和国检察官法〉的决定》第一次修正 根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》第二次修正 2019年4月23日第十三届全国人民代表大会常务委员会第十次会议修订）
(Adopted at the 12th Session of the Standing Committee of the Eighth National People's Congress on February 28, 1995; amended for the first time according to the Decision on Amending the Procurators Law of the People's Republic of China at the 22nd Session of the Standing Committee of the Ninth National People's Congress on June 30, 2001; and amended for the second time according to the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017)
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is enacted in accordance with the Constitution to promote the building of a contingent of high-quality procurators in all aspects, to strengthen the administration and supervision of procurators, to safeguard the lawful rights and interests of procurators, to ensure that the People's Procuratorates independently exercise procuratorial authority according to law and that procurators perform their functions and duties according to law, and to ensure the judicial justice.
Article 2 Procurators are the procuratorial personnel who exercise the procuratorial authority of the State according to law, including chief procurators, deputy chief procurators (the Supreme People's Procuratorate), members of procuratorial committees and 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, safeguard social fairness and justice and serve the people whole-heartedly.
Article 4 Procurators shall be diligent and responsible, honest and clean, and scrupulously abide by the professional ethics.
Article 5 Public procurators shall, in performing their duties, take facts as the basis, the law as the criterion and the stand of objectivity and impartiality.
When handling criminal cases, procurators shall strictly adhere to the principle of legally prescribed punishments for crimes, respect and protect human rights, prosecute crimes, and protect innocent persons from being investigated for criminal liabilities.
Article 6 Public procurators, when performing their functions and duties according to law, shall be protected by law and not be subject to interference by administrative organs, public organizations or individuals.
Chapter 2 Functions and Duties, Obligations and Rights of Procurators
Article 7 The duties of procurators are:
1. to investigate criminal cases directly accepted by the People's Procuratorates as provided by law; and
2. making examination for arrest and examination for prosecution of criminal cases, and representing the State in public prosecution;
(III) Conducting public interest litigation;
(IV) conducting supervision over criminal, civil and administrative litigation activities;
(V) other functions and duties as provided by law.
Procurators shall be responsible for the decisions they make on cases within the scope of their authority.
Article 8 Chief procurators, deputy chief procurators and members of procuratorial committees of people's procuratorates shall, in addition to the procuratorial functions and duties, perform other functions and duties commensurate with their posts.
Article 9 Procurators shall carry out their work under the leadership of the chief procurator, and major case-handling matters shall be determined by the chief procurator. The chief procurator may entrust the procurators to exercise some of his/her functions and powers or authorize the procurators to issue legal documents.
Article 10 Public procurators shall perform the following obligations:
1. strictly observing the Constitution and laws;
(II) To handle cases impartially, and not to bend law for personal gain;
3. protecting the litigation rights of the parties and other litigation participants in accordance with the law;
(IV) safeguarding the national interests and public interests, and protecting the legitimate rights and interests of individuals and organizations;
(V) to keep State secrets and secrets of procuratorial work and to keep confidential business secrets and personal privacy learned in performing duties; and
(VI) accepting legal supervision and supervision by the masses in accordance with the law;
(VII) Enhance the whole people's awareness of the rule of law by handling cases according to the law to promote the construction of a society ruled by law; and
(VIII) Other obligations stipulated by laws.
Article 11 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 procurators;
(II) to be not removed from the post, demoted, dismissed, or given a sanction without statutory basis and without going through statutory procedures;
(III) job security and welfare benefits to be enjoyed by public procurators;
(IV) to enjoy safety of the person, property and residence as ensured by law;
(V) To lodge petitions or complaints; and
(VI) other rights as provided for by law.
Chapter III Qualifications for the Selection of Procurators
Article 12 A procurator must possess the following qualifications:
1. Having the nationality of the People's Republic of China;
2. uphold the Constitution of the People's Republic of China, the leadership of the Communist Party of China, and the socialist system;
3. to have fine political, professional quality and moral conduct;
(IV) Being physically able to perform normal duties;
(V) having accepted undergraduate education of law major and obtained a bachelor's degree or above in law from a regular institution of higher learning; or having accepted undergraduate education or above of a non-law major and obtained a Master of Law (Master of Law) degree or above in a regular institution of higher learning; or having accepted undergraduate education or above of a non-law major in a regular institution of higher learning, obtained other appropriate degrees and had the professional knowledge of law; and
(VI) They have been doing legal work for five years. For an individual who has obtained a Master of Laws degree or a Master of Laws degree, or has obtained a Doctor of Laws degree, the restriction on the number of years he or she may have engaged in legal work may be relaxed to four, or three, respectively; and
(VII) Public procurators to be appointed for the first time shall pass the national unified legal professional qualification exam and obtain the legal professional qualification.
Where it is really difficult to apply the provisions in sub-paragraph (5) of the preceding paragraph regarding the academic qualifications for public procurators, such qualifications may, upon examination and approval by the Supreme People's Procuratorate and within a specified period of time, be relegated to include graduates from institutions of higher learning.
Article 13 The following persons shall not hold the post of a procurator:
1. Having been imposed on a criminal punishment;
2. Having been discharged from public employment;
(III) having his or her practicing certificate for a lawyer or a notary public revoked or being removed from an arbitration commission;
4. Other circumstances stipulated by the law arise.
Article 14 Persons to be appointed procurators for the first time shall be selected through examination or appraisal in accordance with the standards of having both ability and political integrity from among the best qualified for the post.
The chief procurators of the People's Procuratorates shall have professional knowledge of law and experience in legal profession. Deputy chief procurators and members of procuratorial committees shall be selected from procurators, judges or other persons who are qualified for the post of procurator.
Article 15 A people's procuratorate may, according to the needs of the procuratorial work, publicly select procurators from lawyers, law teachers, researchers and other personnel engaged in the legal profession.
In addition to the requirements for the appointment of procurators, a lawyer participating in the open selection shall have actually practiced law for not less than five years with rich practice experience and good practice reputation, the law teaching and research personnel participating in the open selection shall have the intermediate professional title or above, have been engaged in teaching and research for not less than five years, and have outstanding research capabilities and corresponding research results.
Article 16 Provinces, autonomous regions and municipalities directly under the Central Government shall establish procurator selection committees, which are responsible for the examination and approval of the professional capabilities of the candidates for new posts.
The procurator selection committees at the provincial level shall include procurator representatives of people's procuratorates at all levels, other personnel engaged in the legal profession and representatives from the relevant fields, and the procurator representatives shall be no less than one third of the members.
The routine work of provincial procurator selection committees shall be undertaken by the internal functional departments of provincial people's procuratorates.
For the selection of procurators of the Supreme People's Procuratorate, a procurator selection committee of the Supreme People's Procuratorate shall be established to be responsible for the examination of the professional competence of the candidates.
Article 17 Procurators to be appointed for the first time shall generally be those at the grassroots level. The procurators of people's procuratorates at higher levels are generally selected level by level; and the procurators of the Supreme People's Procuratorate and people's procuratorates at the provincial level can be selected from people's procuratorates at the lower two levels. The procurators selected by the people's procuratorates at higher levels shall work as procurators of people's procuratorates at lower levels for a certain number of years and have relevant work experience in post selection.
Chapter 4 Appointment and Removal of Procurators
Article 18 A public procurator shall be appointed or removed 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 Procuratorates at various levels shall be elected or removed by the 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.
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 Procuratorates at the next higher level, who shall submit the matter to the standing committee of the people's congress at the corresponding level for approval.
The chief procurators, deputy chief procurators, members of the procuratorial committees and procurators of the branches of the People's Procuratorates of the provinces, autonomous regions or municipalities directly under the Central Government shall be appointed and removed by the standing committees of the people's congresses at 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 chief procurators, deputy chief procurators, members of the procuratorial committees and procurators of people's procuratorates set up by people's procuratorates at the provincial level or the level of city divided into districts in accordance with law as their agencies shall be appointed or removed by the standing committees of people's congresses at the corresponding levels upon the recommendation of the chief procurators of people's procuratorates.
The chief procurators, deputy chief procurators, members of the procuratorial committees and procurators of the People's Procuratorates and special People's Procuratorates at all levels of Xinjiang Production and Construction Corps shall be appointed or removed in accordance with the relevant provisions of the Standing Committee of the National People's Congress.
Article 19 After a public procurator is appointed according to the statutory procedures, he or she shall publicly take an oath under the Constitution when he or she assumes his or her post.
Article 20 If a 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;
(II) Having been transferred out of the people's procuratorate where he or she works;
(III) there is no need to retain the post of a procurator due to a change in the post or the application submitted by the person for removal of the post is approved;
(IV) being incompetent for the post of a procurator through appraisal; or
(V) being unable to perform the functions and duties of a public procurator for a long period of time due to poor health;
(VI) having retired from the post;
(VII) He resigns or shall be dismissed according to law;
(VIII) being unsuitable to continue to hold the post because of violation of discipline or law.
Article 21 Where an elected chief procurator of a People's Procuratorate does not possess the qualifications as provided by this Law, or a chief procurator of a People's Procuratorate is elected in violation of the statutory procedures, the chief procurator of a People's Procuratorate at the next higher level shall have the power to apply to the standing committee of the people's congress at the corresponding level for disapproval.
Article 22 When a procurator is appointed in violation of the provisions of this Law, the organ that made the appointment shall revoke that appointment. If a People's Procuratorate at a higher level finds that the appointment of procurator made by a People's Procuratorate at a lower level has violated the qualifications as provided by this Law, it shall request the People's Procuratorate at the lower level to revoke that appointment according to law.
Article 23 No procurators may concurrently be members of the standing committees of the people's congresses, or hold posts in administrative organs, supervisory organs or judicial organs, or hold posts in enterprises or other profit-making organizations or institutions, or serve as lawyers, arbitrators, or notaries.
Article 24 Procurators who are connected by husband-wife relation-ship, or who are directly related by blood, collaterally related within three generations, or closely related by marriage may not, at the same time, hold the following posts:
1. The chief procurator, deputy chief procurators, or members of the procuratorial committee in the same People Procuratorate;
2. The chief procurator, deputy chief procurators or procurators in the same People Procuratorate;
3. the procurators in the same department; and
(IV) chief procurators or deputy chief procurators of the People's Procuratorates at the levels next to each other.
Article 25 If the spouse, parents or children of a public procurator are under any of the following circumstances, the public procurator shall avoid holding the post:
1. he or she serves as a partner or founder of a law firm within the jurisdiction of the people's procuratorate where the procurator serves;
(II) He/she acts as an agent ad litem or defender as a lawyer within the jurisdiction of the people's procuratorate where the procurator serves, or provides other paid legal services for parties to litigation cases.
Chapter 5 Administration of Public Procurators
Article 26 A quota system shall be adopted for procurators. The quota of procurators shall be determined according to the factors such as the number of cases, economic and social development, population, levels of people's procuratorates, etc., to implement total quantity control and dynamic management within a province, autonomous region or municipality directly under the Central Government, with priority given to the case-handling needs of people's procuratorates at the grassroots level and the people's procuratorates with a large number of cases.
If there is a vacancy of the post of procurator, it shall be replenished in time according to the procedures.
The quota of procurators of the Supreme People's Procuratorate shall be determined by the Supreme People's Procuratorate through consultation with other relevant departments.
Article 27 Public procurators shall be subject to the management by sequence of separate posts.
The grades of procurators are divided into twelve grades, namely, chief procurators, Level 1 procurators, Level 2 procurators, Level 1 senior procurators, Level 2 senior procurators, Level 3 senior procurators, Level 4 senior procurators, Level 1 procurators, Level 2 procurators, Level 3 procurators, Level 4 procurators and Level 5 procurators.
Article 28 The Procurator-General of the Supreme People's Procuratorate is the Chief Procurator.
Article 29 Grades of procurators shall be determined on the basis of their political integrity and ability, their professional competence, their achievements in procuratorial work, their seniority, etc.
Promotion of procurators shall be conducted by combining promotion according to schedule and selection of the best, and special promotion may be granted to procurators at front-line case handling posts who are outstanding or are specially required by their work.
Article 30 Specific measures for the establishment and determination of the grades and for the promotion of procurators shall be formulated separately by the State.
Article 31 The uniform pre-post training system is applied for procurators to be appointed for the first time.
Article 32 Political, theoretical and professional training for procurators shall be carried out in a planned way.
The training of public procurators shall be based on theory and practice, teach people as needed and stress practical results.
Article 33 The information on training for public procurators shall be taken as one of the bases for the appointment and promotion of public procurators.
Article 34 Institutions for training procurators shall, in accordance with the relevant regulations, undertake the task of training procurators.
Article 35 If a public procurator applies for resignation, he or she shall submit his or her application in writing and he or she shall be removed in accordance with the procedures as provided by law after approval.
Article 36 A public procurator who is dismissed shall be removed from the post in accordance with the procedures as provided by law.
The decision to dismiss a procurator shall be made within the limits of authorized administration. The public procurator who has been dismissed shall be notified of the decision in writing, and the reasons and basis for making such a decision shall be set out.
Article 37 A former procurator may not be the law agent or defender as a lawyer within two years after he or she left the post of the People's Procuratorate.
A former procurator may not be the law agent or defender in the case handled by the procuratorate he or she belonged to after leaving the post of the People's Procuratorate, unless he or she acts as the guardian or close relative of any party to the case on his or her behalf in litigation or defense.
After a public procurator is expelled, he or she may not act as an agent ad litem or defender, except in the case of a guardian or close relative of a party to an action, or to represent him or her in litigation.
Article 38 Public procurators may, to meet the needs of work, be assisted in carrying out practical teaching and research in institutions of higher learning or scientific research institutes upon designation or approval by their units, and shall observe the relevant regulations of the State.
Chapter 6 Appraisal, Reward and Punishment of Public Procurators
Article 39 A People's Procuratorate shall establish a commission for examination and assessment of procurators that is responsible for the assessment of procurators of the procuratorates respectively.
Article 40 The number of persons on a commission for examination and assessment of public procurators shall be five to nine.
The chairman of a commission for examination and assessment of procurators shall be assumed by the chief procurator of the procuratorate it belongs to.
Article 41 The appraisal of public procurators shall be comprehensive, objective and fair, and shall be conducted in the light of routine appraisal and annual appraisal.
Article 42 The appraisal of procurators shall include their achievements in procuratorial work, their professional ethics, their professional competence, their abilities in work and their style of work. However, emphasis shall be laid on achievements in procuratorial work.
Article 43 The results of the annual appraisal shall fall into four grades: excellent, competent, basically competent and incompetent.
The result of appraisal shall be taken as the basis for adjusting the grade and salary of a public procurator, and for rewarding, punishing, removing, demoting or discharging the public procurator.
Article 44 The procurators themselves shall be informed of the results of appraisal in writing. If a procurator disagrees with the result, he or she may apply for a review.
Article 45 Procurators who have made significant achievements and contributions in procuratorial work, or performed other outstanding deeds shall be rewarded.
Article 46 Procurators who have any of the following achievements to their credit shall be rewarded:
1. Having achieved notable successes in judicial justice;
2. having accumulated rich experience in procuratorial work that may serve as a guide in procuratorial work;
(III) Those who have made remarkable achievements and contributions in handling major cases and emergencies or undertaken important special work;
(IV) Having made proposals for the reform of procuratorial work that have been adopted and produced remarkable results;
(V) Having made procuratorial suggestions that have been adopted, or having been used for carrying out publicity on the rule of law or for settling various disputes, with remarkable results;
(VI) having performed other meritorious deeds.
Public procurators shall be rewarded in accordance with the relevant regulations.
Article 47 A procurator who has committed any of the following acts shall be given sanctions; if the case constitutes a crime, he or she shall be investigated for criminal responsibility in accordance with law:
1. Where he embezzles or takes bribes, bends the law for personal gain, or extorts a confession by torture;
2. Where the evidence or case materials are concealed, forged, altered or damaged on purpose;
(III) Divulging state secrets, procuratorial secrets, trade secrets or personal privacy;
(IV) Intentionally handling a case in violation of laws and regulations;
(V) causing mistakes and serious consequences due to gross negligence;
(VI) To delay the handling of a case so as to affect the work adversely;
(VII) Seeking personal gains for himself or for others by taking advantage of his position;
(VIII) Where the adjudicating personnel accept the transfer of benefits from the parties to the case or their agents, or meet with the parties to the case or their agents in violation of the relevant provisions;
(IX) he/she engages in or participates in profit-making activities in violation of the relevant provisions, or holds a concurrent post in an enterprise or any other profit-making organization;
10. Having any other disciplinary breach or law.
Punishment to procurators shall be given in accordance with relevant regulations.
Article 48 Where a procurator is suspected of any violation of disciplines or laws and has been put on file for investigation or investigation, making it inappropriate to continue to perform duties, the procurator shall be temporarily suspended from performing duties in accordance with the limit of administrative authority and prescribed procedures.
Article 49 The Supreme People's Procuratorate and the disciplinary commissions for public procurators of the provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the review and determination of whether public procurators have committed acts in violation of their procuratorial duties as prescribed in Items 4 and 5 of Article 47 of the Law from a professional perspective and issue examination opinions that have constituted intentional acts in violation of duties, gross negligence, general negligence or no violation of duties. After the procurator disciplinary committee puts forward examination opinions, the people's procuratorate shall make a decision on whether to impose a punishment in accordance with the relevant provisions, and impose a corresponding treatment.
The procurator disciplinary committee shall be composed of representatives of procurators, personnel engaged in other legal professions and representatives from the relevant fields, among which, representatives of procurators shall be not less than half of the total.
The daily work of the procurator disciplinary committee of the Supreme People's Procuratorate and the provincial procurator disciplinary committee shall be undertaken by the internal functional departments of relevant people's procuratorates.
Article 50 When a procurator disciplinary committee deliberates on a disciplinary matter, the procurators concerned have the right to apply for the withdrawal of the relevant person, and have the right to make statements, adduce evidence and defend themselves.
Article 51 The examination opinions given by the procurator disciplinary committee shall be served on the procurator concerned. The procurator concerned who has any objection to the examination opinions may raise the objection to the Disciplinary Commission, which shall examine the objection and the reasons therefor and make a decision.
Article 52 The specific procedures for the procurator disciplinary committee to deliberate on disciplinary matters shall be determined by the Supreme People's Procuratorate through consultation with the relevant departments.
Chapter 7 Job Guarantee for Procurators
Article 53 People's procuratorates shall establish a commission for the protection of procurators' rights and interests to safeguard the legitimate rights and interests of procurators and ensure that procurators perform their duties in accordance with the law.
Article 54 No procurators may be transferred from their procuratorial posts except in the following circumstances:
1. Being required to be withdrawn from assuming posts;
(II) practicing the exchange of posts according to the provisions;
(III) having to be transferred due to restructuring of institutions, cancellation, merger or reduction of size of staff;
(IV) being unfit for the post of procuratorial work for violation of discipline or law; or
(V) Other circumstances stipulated by the law arise.
Article 55 No entity or individual may require any procurator to engage in any affairs beyond the scope of his/her statutory duties.
A procurator shall have the right to refuse to accept, and fully and truthfully record and report, any act of interfering with the handling of a case by a procurator; if, in violation of discipline or law, a procurator is found to have committed such an act, the relevant authorities shall, in light of the seriousness of the case, investigate the responsibility of the person or person who is held responsible for the act.
Article 56 The professional dignity and personal safety of procurators shall be protected by law.
No unit or individual may retaliate against procurators or their close relatives.
Any procurators or their close relatives who commit illegal or criminal acts such as retaliation, frame-up, insult or slander, violence, threat, intimidation or harassment shall be severely punished in accordance with the law.
Article 57 If a procurator is falsely reported, maliciously accused, framed or insulted or defamed when performing his or her duties in accordance with the law, causing damage to his or her reputation, the people's procuratorate shall, in concert with the relevant departments, clarify the facts in a timely manner to eliminate adverse effects, and hold the relevant entities or individuals liable in accordance with the law.
Article 58 Where the personal safety of a procurator and his or her close relatives is threatened due to his or her performance of duties in accordance with the law, the people's procuratorates and public security organs shall take necessary protective measures for procurators and their close relatives such as personal protection and prohibiting certain persons from contacting them.
Article 59 A salary system commensurate with the functions and duties of public procurators shall be carried out. Public procurators shall, in accordance with the grades of public procurators, enjoy the salary as prescribed by the State, and a mechanism of adjustment shall be established at the same time as the salary of public servants.
The salary system regarding procurators shall, in light of the characteristics of procuratorial work, be formulated separately by the State.
Article 60 The system under which the salaries of procurators are increased regularly shall be practised.
The salary grade of a public procurator who has been confirmed through annual appraisal as being excellent or competent may be raised in accordance with relevant provisions.
Article 61 Public procurators shall enjoy allowances, subsidies, bonuses, insurance and welfare benefits as prescribed by the State.
Article 62 A public procurator who is disabled while performing official duties shall enjoy the benefits for the injured and disabled as prescribed by the State. If a procurator dies while performing official duties or dies while performing official duties, his or her relatives shall enjoy pensions and preferential treatment prescribed by the State.
Article 63 The retirement system regarding procurators shall, in light of the characteristics of procuratorial work, be formulated separately by the State.
Article 64 After retirement public procurators shall enjoy the pension and other benefits as prescribed by the State.
Article 65 If a State organ or any of its functionaries commits an act infringing upon the rights of a public procurator as provided by Article 11 of this Law, the public procurator shall have the right to make a complaint.
Article 66 Where a sanction given to a procurator or a mistake in the handling of personnel affairs is made, it shall be put right without delay; if it has damaged the procurator's reputation, his or her reputation shall be rehabilitated, the ill effects shall be eliminated and an apology shall be made; if it has caused financial losses to the procurator, compensations shall be made. The persons who are directly responsible for retaliation shall be investigated for responsibility according to law.
第八章 附 则
Chapter 8 Supplementary Provisions
Article 67 The State institutes a uniform judicial examination system for persons to be appointed public procurators for the first time, and the judicial administration department under the State Council shall, after consultation with the Supreme People's Procuratorate and other relevant departments, organize the implementation of the said system.
Article 68 Procurator assistants of people's procuratorates shall, under the direction of procurators, take charge of reviewing case files, drafting legal documents and other assistant affairs.
People's procuratorates shall strengthen the building of assistant procurators teams and select and reserve talents for procurators.
Article 69 The provisions of this Law shall be applicable to the rights, duties and management system related to public procurators if there are provisions in this Law; otherwise, the laws and regulations governing the management of public servants shall apply.
Article 70 This Law shall come into force on October 1, 2019.