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2022 | OriginalPaper | Buchkapitel

2. On the Organizations of the Procuratorial Organs in China

verfasst von : Meijun Ji

Erschienen in: Brief Introduction to the Procuratorial System in China

Verlag: Springer Nature Singapore

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Abstract

The prosecutorial organizations are the carriers for the procuratorial organs to exercise their functions and powers, whose settings are not only closely related to the historical traditions and legal systems, but also are adapted to the specific national conditions of each country and the actual needs of the time. At present in China, the external organizations of the people’s procuratorates are set up according to the administrative divisions and corresponding to the courts in accordance with the law as well as the necessity of the procuratorial work. There are four levels of procuratorates, which consists the Supreme People’s Procuratorate, the provincial level, the prefectur level and the county level. Each procuratorate at different levles has its own functions and powers with the higher one directing the lower one in their procuratorial work and the SPP at the top of pyramid. As to the internal institutions, there are some necessary departments to be established in each procuratorate, such as the department of public prosecution and reviewing and approving the arrest, the department of investigating duty crimes of judicial personnel, the department of supervision on execution of punishmnet and the general office. Due to the various reforms in the procuratorial system in China, the internal institutions of the procuratorates have been changed significantly in recent years in order to improve the efficency and quality of supervision in handling criminal, civil, administrative cases and the cases of litigation of public interest.

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Vorheriges Kapitel Origin and Characteristics of the Procuratorial System in China

Nächstes Kapitel The Functions and Powers of the Procuratorial Organs in China

Here, the procuratorial organs (agencies) means the offices of prosecutors in China.

Ji (2013, p. 16).

Before the reform of internal organization of the procuratorial organs in 2018, there was another special procuratorate which was called the railway transportation procuratorate. At present, the railway transportation procuratorates were dismissed and the procuratorial department of railway transportation of SPP was changed into the department of litigation for public interest. So, the original personnel of the railway transportation procuratorate were merged into other departments of the people’s procuratorate.

He and Waltz (1995, p. 163).

Guoqing Temple in Tiantai county is the ancestral home of Tiantai Sect of Buddhism; Ji Gong (1148–1209 AD), whose original name was known as Li Xiuyuan, a senior monk of the Southern Song Dynasty, was born in Yongning Village of Tiantai County. He was a famous monk with knowledge and good morals who was deeply loved by the common people in China by his various virtues such as helping the poor and exterminating violence, showing goodness and punishing evil. He understood the Chinese medicine well and cured a lot of difficult diseases for the people at that time, then left a unique and beautiful impression in the people's hearts. Hehe culture (和合文化) means harmony and cooperation, which was represented by other two monks Hanshan and Shide who lived in Tiantai county, too. From a philosophical perspective, it is an ideological system that deals with the relationship between different things with the idea of harmony and thinking. From a cultural perspective, it is a cultural system with Chinese culture as its core and “Hehe Ersheng” as its symbol.

He and Waltz (1995, p. 168).

As stated in Article 1 of the Law of Supervision, which was adopted at the first meeting of the Thirteenth National People's Congress of P.R.C. on March 20, 2018.

Xue (2019, p. 5).

Zhang Jun, the Attorney-General of the Supreme People's Procuratorate, put forward such words when he did survey in the People’s Procuratorate of Yunnan province on May 8, 2018. He emphasized that, in accordance with the new requirements of the new era, we should take the case handling as the center, handling cases while exercising supervision and exercising supervision while handling cases, to comprehensively improve the political quality, business quality and the quality of prosecutor’s professional ethics, and to promote the innovative development of the procuratorial work in a new era. Then, he stressed it repeatedly on different occasions and it has gradually become the procuratorial aphorism and constantly developed the an idea to explore the new way of legal supervision.

Wang and Zhang (2017, p. 1).

Xue (2019, p. 6).

Zhou (2019, p. 44).

Arhat is a Buddhist term, which refers to the monk who has broken all desires and relieved all worries, that is, the Buddhist monk who has reached nirvana. The analogy here is the prosecutor.

Wang (2019, p. 3). As a matter of fact, the number of people working in the procuratorial organs in China has reached a maximum of 280,000, and the number of people working in the supreme people's procuratorate and its directly affiliated institutions has grown from the “eighteen arhats” to nearly 1000. In the reform of the state supervision system, the personnel who worked in the departments of anti-corruption and prevention on duty crime of the procuratorial organs have been transferred to the Commissions of Supervision at all levels. Currently, there are 217,000 prosecutorial personnel nationwide.

Xue (2019, p. 5).

As to the reform of internal institution, I did a research project on this topic in 2017. These views have been put forward in the report which was submitted to the Leaders of the SPP.

Zhen (2010, the preface, p. 3).

Ma and Ji (2003, p. 96).

Xie (2016, the preface, p. 3).

Xie and Chen (2020, p. 003).

Qiu (2021, p. 3).

Xie and Chei (2020, p. 003).

Ji and Liu (2006, p. 79).

The Supreme People's Procuratorate Press Conference: The application rate of lenient System of Accepting Confession and Punishment Recommendation gradually increased, and the criminal policy of leniency and strictness was fully reflected. The Statistical data was provided by a Deputy Director of the SPP during the Press Conference.

Zhang (2019, p. 3).

Zhang and Lu (2011, p. 113).

Liu and Xu (2020, p. 60).

He Jiahong with Jon R Waltz (1995) Criminal prosecution in the People’s Republic of China and the United States of America: a comparative study. China Procuratorial Press

Ji Gang, Liu Jing (2006) Theory and practice of the reform for public prosecution. China Procuratorial Press

Ji Meijun (2013) Comparative study on the system of prosecution service between China and Australia. Peking University Press

Liu Fei, Xu Yongle (2020) The public prosecutor status of the procuratorial organs in the administrative public interest litigation and its institutional construction. Zhejiang Social Sciences (1)

Ma Jiafu, Ji Meijun (2003) Framework design of mechanism of internal supervision and restriction in the procuratorates. Journal of National Prosecutors College (6)

Qiu Chunyan (2021) In the new era, knowledge and practice of high quality for the procuratorial work’s development. Procuratorial Daily. March 6

Wang Zhiguo, Zhang Bojin (2017) The reform of the judicial responsibility system of the Supreme People's Procuratorate officially started today! The Attorney-General explains the reforms for you. The Procuratorial Daily. June 12

Wang Guanghui (2019) The procuratorial team has been growing up with the reform and opening up. The Procuratorial Daily. January 14

Xie Pengcheng, Chen Lei C (2020) Procuratorial Jurisprudence: solving new problems and answering difficult issues concerning the “four types of procuratorial functions”. The Procuratorial Daily. January 6

Xie Pengcheng (2016) On the procuratorial rules. China Procuratorial Press

Zhou Xin (2019) Overview on changes of the procuratorial system in 70 years in China and my expectations. Tribune of Political Science and Law (6)

Xue Jiangwu (2019) Exploration on the Internal Institutions of the procuratorial organs. The People’s Procuratorial Semimonthly (5)

Zhang Yanli, Lu Guoxiu (2011) Analysis on legitimacy of the civil procuratorial supervision theory and implementation mechanism in China. The Journal of China University of Political Science and Law (5)

Zhang Xueqiao (2019) Adhering to justice for the people, making the administrative procuratorial work solid. The Procuratorial Daily. October 9

Zhen Zhen and others (2010) Comparative study on the procuratorial systems. Law Press

Titel: On the Organizations of the Procuratorial Organs in China
verfasst von: Meijun Ji
Verlag: Springer Nature Singapore
Buch: Brief Introduction to the Procuratorial System in China
Print ISBN: 978-981-16-8610-8

Electronic ISBN: 978-981-16-8611-5

Copyright-Jahr: 2022
DOI: https://doi.org/10.1007/978-981-16-8611-5_2