resignation<\/a>, and retirement of prosecutors. The Prosecutors Law was adopted on February 28, 1995 at the 12th session of the Standing Committee of the Eighth National People\u2019s Congress. That law went into force on July 1, 1995.<\/p>\n\u3000\u30001. Qualifications of Prosecutors<\/p>\n
\u3000\u3000Prosecutors include chief prosecutor and deputy prosecutor of People\u2019s Procuratorates at all levels, members of the Procuratorial Committee, prosecutors and assistant prosecutors. Prosecutors as a whole must meet the following qualifications:<\/p>\n
\u3000\u3000Be a citizen of the People\u2019s Republic of China;<\/p>\n
\u3000\u3000Be at least 23 years of age;<\/p>\n
\u3000\u3000Support the Constitution of the People\u2019s Republic of China;<\/p>\n
\u3000\u3000Be in political, professional and moral standing;<\/p>\n
\u3000\u3000Be in good health;<\/p>\n
\u3000\u3000A graduate of law from an institution of higher learning, or a non-law graduate from an institution of higher learning with in-depth knowledge of law, with two years of working experience; or holders of a bachelor\u2019s degree in law with a full year of working experience; those holding a Master\u2019s or Ph.D. degree in law are not subject to the working-experience limit described above.<\/p>\n
\u3000\u3000Those that have been penalized for crimes or have been dismissed from their public offices cannot be elected judges.<\/p>\n
\u3000\u3000Prosecutors obtain their qualifications in two ways:<\/p>\n
\u3000\u3000Through qualification examinations. Open examinations are administered regularly by the Supreme People\u2019s Procuratorate to recruit junior and assistant prosecutors. Chinese citizens with a three-year college education are eligible for the examination. Those who have passed the examination and are deemed as being in good political and ethical standing will be qualified as prosecutors and awarded a Certificate of Qualifications for Prosecutor;<\/p>\n
\u3000\u3000Through training and tests.<\/p>\n
\u3000\u3000Prosecutors and prosecution personnel can be disqualified for any of the following reasons:<\/p>\n
\u3000\u3000Resignation approved;<\/p>\n
\u3000\u3000Dismissed by procuratorial bodies;<\/p>\n
\u3000\u3000Removal of name from roll;<\/p>\n
\u3000\u3000Removal from office as a disciplinary penalty;<\/p>\n
\u3000\u3000Removal from position;<\/p>\n
\u3000\u3000Criminally penalized;<\/p>\n
\u3000\u3000Other reasons incompatible with the position of prosecutor.<\/p>\n
\u3000\u30002. System for Appointment and Removal of Prosecutors<\/p>\n
\u3000\u3000The chief prosecutor is elected and removed by the People\u2019s Congress at the same level, but the appointment and removal of local chief prosecutors have to be reported to the chief prosecutor of higher procuratorates who, in turn, will submit the appointments and removals to the Standing Committee of the People\u2019s Congress at the same level for approval.<\/p>\n
\u3000\u3000The appointment and removal of the deputy chief prosecutor, members of the Procuratorial Committee and prosecutors must be submitted to the Standing Committee of the People\u2019s Congress at the same level, but the appointment and removal of assistant prosecutors can be approved by the chief prosecutor.<\/p>\n
\u3000\u30003. Promotions, Awards and Penalties of Prosecutors<\/p>\n
\u3000\u3000Prosecutors are promoted in two ways: regular promotions and selective promotions.<\/p>\n
\u3000\u3000Prosecutors are divided into 12 ranks, with the highest being the Chief Prosecutor of the Supreme People\u2019s Procuratorate, followed by Grand Prosecutors, Senior Prosecutors and prosecutors \uff08level 2 through 12\uff09. The ranking of prosecutors is determined by a range of factors, including their position, performance, professionalism and seniority.<\/p>\n
\u3000\u3000Awards are typically a combination of moral and material incentives. These include public recognition of achievements, Third Prize, Second Prize, First Prize and the conferring of an honorary title.<\/p>\n
\u3000\u3000Penalties include warning, a record of demerit in personal files; a record of a major demerit; demotion; removal from position; dismissal from office. A removal from position is accompanied by a lowering of salary and rank; those who have committed a crime will be prosecuted for their criminal liabilities.<\/p>\n
\u3000\u30004. Safeguards for Prosecutors<\/p>\n
\u3000\u3000Prosecutors are protected by law in performing their duties. These include:<\/p>\n
\u3000\u3000Professional safeguards: Prosecutors are free from interference in exercising their judicial powers from any administrative authorities, social organization or individual; they shall not be removed, demoted, dismissed or disciplined unless for statutory reasons and procedures.<\/p>\n
\u3000\u3000Corporal safeguard: Prosecutors receive legal protection for their corporal, property and residential safety.<\/p>\n
\u3000\u3000Salary safeguards: Prosecutors receive remuneration for their performance of duties and enjoy insurance and other benefits.<\/p>\n
\u3000\u3000Others: Prosecutors are entitled to powers and working conditions befitting their performance of duties; they have the right to resign, petition or accuse.<\/p>\n
\u3000\u3000Working Procedures<\/p>\n
\u3000\u3000These govern the scope of operations and activities for prosecutors. They include:<\/p>\n
\u3000\u30001. Procedures for procuratorates supervising criminal investigations undertaken by public security \uff08including state security\uff09 authorities.<\/p>\n
\u3000\u3000Verify and approve arrest warrants. The Constitution provides that, unless approved or ruled by procuratorates or courts and executed by public security authorities, citizens are not subject to arrest;<\/p>\n
\u3000\u3000Verify criminal cases concluded and transferred by public security authorities to determine if public prosecution is warranted.<\/p>\n
\u3000\u3000Supervise the legality of investigation activties by public security authorities.<\/p>\n
\u3000\u30002. Procedures for prosecutors to directly accept and investigate cases. According to an order issued by the Supreme People\u2019s Procuratorate in early 1998, 53 types of cases in four categories are directly handled by procuratorates:<\/p>\n
\u3000\u3000Embezzlement and bribery as defined in Chapter 8, Criminal Code, as well as other crimes such as misappropriation of public funds as defined in other chapters that should be penalized as those specified in Chapter 8;<\/p>\n
\u3000\u3000Dereliction of duties as defined in Chapter 9, Criminal Code, including abuse of power, negligence of duties, perversion of law in prosecution and adjudication;<\/p>\n
\u3000\u3000Violation of citizens\u2019 corporal rights and democratic rights committed by government employees, such as illegal detention, illegal searches and extortion of confessions through torture;<\/p>\n
\u3000\u3000Other major crimes committed by government employees that require direct involvement of procuratorates; in such cases, approval by procuratorates above the provincial level is needed.<\/p>\n
\u3000\u30003. Public prosecution: According to the Criminal Law and criminal procedure law, except for a few private prosecution cases, most criminal cases will be publicly prosecuted by People\u2019s Procuratorates to People\u2019s Courts that have jurisdiction. Cases submitted by public security authorities have to be reviewed by procuratorates without exception and a decision on public prosecution should be made within a month. For cases of a substantive and complicated nature, that deadline can be extended by another half month. Public prosecutions have to be brought to courts with jurisdiction for cases for which facts have been verified and evidence is accurate and sufficient and for which criminal liabilities must be prosecuted.<\/p>\n
\u3000\u30004. Judicial supervision \u2013 supervision over judicial activities undertaken by courts in handling civil, criminal and administrative cases. The appearance of prosecutors in trials of criminal cases means not just support of public prosecution but also supervision of the trial proceedings. In addition, prosecutors are empowered to protest rulings or judgments on criminal cases wrongly passed by courts.<\/p>\n
\u3000\u30005. Supervision on enforcement of criminal rulings and on jails. This includes:<\/p>\n
\u3000\u3000Execution death penalty: Members of procuratorates must be present at executions to supervise proceedings and verify the identity of the condemned prisoner.<\/p>\n
\u3000\u3000Penalties carried out at jails and penitentiaries, including the legality of reduction in sentencing, probation, medical parole, serving sentence outside prison, and suspension of sentence.<\/p>\n
\u3000\u3000Legality of activities at detention centers and reform-through-labor institutions.<\/p>\n","protected":false},"excerpt":{"rendered":"
\u3000\u3000The prosecution system refers to the nature, mission and organizational structure of a country\u2019s prosecution apparatus […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[41883],"tags":[65090],"class_list":["post-100272","post","type-post","status-publish","format-standard","hentry","category-fanwen","tag-resignation"],"_links":{"self":[{"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/posts\/100272","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/comments?post=100272"}],"version-history":[{"count":0,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/posts\/100272\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/media?parent=100272"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/categories?post=100272"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dongwubaike.cn\/fanhao\/wp-json\/wp\/v2\/tags?post=100272"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}