SELECT content FROM law_ref_lang_word WHERE word_id=188 AND lang_id=3 FirstLaw 第一國際法律事務所
【China Affairs】
  • The Organization of People's Procuratorates                                                                    

                    Theprocuratorates are set up at the supreme and local levels; in addition, special procuratorates
                    such as military procurator organs are set upin mainland China.

                    The People's Procuratorates are the State's organs for legal supervision that exercise the power of
                    prosecutionin mainland China. They are elected by and report to the People's Congress at the
                    same level.

                    ◎  The Supreme People's Procuratorate

                          The Supreme People's Procuratorate are the State's highest organ for procurator work which
                          leads local and special procuratorates.

                    ◎  The People'sProcuratorates at Various Local Levels

                          The people's procuratorates at various local levels shall be divided into:

                          People's procuratorates of provinces, autonomous regions, and municipalities directly under
                          the Central Government; branches of the people's procuratorates of provinces,  autonomous
                          regions,and municipalities directly under the Central Government,and people's procuratorates
                          of autonomous prefectures and cities directly under the provincial governments; and people's
                          procuratorates of cities, counties, autonomous counties and municipal districts.

                    ◎  Special People'sProcuratorates

                          Special procuratorates include military and railway transportation prosecution.

  •  Responsibilities of Procuratorates                                                                                      

                     ◎  People's Procuratorates exercise the following powers:

                          1.Exercise the power of prosecution on cases of treason, separatism and major crimes
                                  seriously hindering the uniform implementation of the state's policies, laws, writs,
                                  administrative decrees;

                          2.Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State
                                  functionaries, and crimes involving violations of a citizen s personal rights such as illegal
                                  detention, extortion of confessions by torture, retaliation, frame-up and illegal search
                                  and crimes involving infringement of a citizen s democratic rights -- committed by State
                                  functionaries by taking advantage of their functions and powers --shall be placed on file
                                  for investigation and be decidedto approve or disapprovearrests, prosecutionsby the
                                  People s Procuratorates.

                          3.Review cases investigated by public security, state security authorities and crime of
                                  smuggling investigation agencyto decide if arrests, prosecutions are warranted; supervise
                                  the legality of such investigations;

                          4.Initiate public prosecution and support public prosecution for criminal cases; supervise
                                  the legality of trials conducted by courts;

                          5.Supervise the rulings and judgments on criminal cases, present a protest to the People's
                                  Court against the judgment or order which exists some definite errorandsupervise the
                                  legality of activities of jails, detention centers and reform through-labor institutions;

                          6.Supervise civil trials of courts.

                          7.Supervise administrative trials of courts.

                          8.People's procuratorates shall, in accordance with the law, protect citizens' rights to lodge
                                  complaints against state functionaries who break the law and shall investigate the legal
                                  responsibility of those persons who infringe upon other citizens' rights of the person and
                                  their democratic and other rights, Receivecomplaints, reports and appealfrom citizen.

No. 43, Section 1, MínShēng East Rd, Jhongshan District Taipei City, 104     Telephone:+886-2-2521-5900    Fax:+886-2-2521-5311
Copy Right@2010 FirstLaw All Rights Reserved Design