The Supreme People's Procuratorate is the
highest procuratorial organ in China and the legal supervisory organ of the State. According to the
Constitution and other laws, the term of office of the Procurator-General of the
Supreme People's Procuratorate is the same as that of the NPC; the
Procurator-General shall serve no more than two consecutive terms.
The Supreme People's Procuratorate is
responsible to the NPC and its Standing Committee, and reports its work to and
accepts supervision from the NPC and its Standing Committee. People's
procuratorates at various local levels are responsible to the organs of state
power which created them and to the people's procuratorates at higher
levels.
The Supreme People's Procuratorate directs
the work of the people's procuratorates at various local levels and of the
special people's procuratorates at various local levels. People's
procuratorates at higher levels direct the work of those at lower
levels.
The Procurator-General of the Supreme People
Procuratorate is Jia Chunwang.
People's procuratorates
The people's procuratorates in China are state organs for legal supervision.
The people's procuratorates accomplish their task by exercising procuratorial
power independently. The people's procuratorates have the procuratorial power.
They exercise the procuratorial power over cases seriously endangering state and
public security, and infringing upon citizens' personal and democratic rights,
and other important criminal cases; examine the cases scheduled for
investigation by public security organs, and decide on whether a suspect should
be arrested or not, and whether a case should be prosecuted or exempt from
prosecution; institute and support public prosecution in criminal cases; and
oversee activities in public security organs, people's courts, prisons, lockups
and reform-through-labor institutions.
The people's procuratorates, as well as the
people's courts, exercise their powers, independent of interference by any
administrative organ, social organization or individual person. All citizens are
equal regarding application of the law.
The people's procuratorates shall, through
exercising their procuratorial power, suppress all treasonous activities, all activities to
dismember the state and other
counterrevolutionary activities, and strike at counterrevolutionaries and other
criminals, so as to safeguard the unification
of the country, the system of proletarian dictatorship and the socialist legal system; to maintain public order and
order in production, education, scientific research and other work, and in the life of the
people; to protect the socialist property owned by the whole people and by the
collectives of the working masses, and the private property lawfully owned by
citizens; to protect the citizens' rights of the person and their democratic
and other rights; and to ensure the smooth progress of the socialist
modernization.
According to the Constitution and other
laws, the people's procuratorates exercise the following functions and
duties:
Directly accepting and handling according
to law the criminal cases involving corruption, bribery, tort to citizens'
democratic rights and misconduct in office, placing them on file for
investigation, and deciding whether to initiate prosecution or not;
Performing legal supervision over the
judicial proceedings of courts and investigations of criminal cases;
Deciding on arrests and prosecution of
criminal cases according to law and performing legal supervision over the
judicial activities in criminal cases;
Performing legal supervision over the
judicial proceedings of courts and investigations of the civil cases;
Performing legal supervision over
administrative lawsuit.