Chinese Law and Practice 101:Overview of China's Procuratorate System
2023-10-25 16:11:47
Wengang He, Licensed in China, New York, Californi

I. Origin and evolution of procuratorate system

The procuratorate system in China can be traced back to the ancient censorship system.In ancient China, the Yushi Tai was the eyes and ears of the emperor and was responsible for supervising officials' corruption and bribery, playing an important role in supervision and impeachment.This system had a profound impact on the procuratorate system in modern China.However, the real modern procuratorate system was introduced during the late Qing Dynasty and was combined with the judicial reform movement at that time.After the founding of New China in 1949, according to the provisions of the Constitution of the People's Republic of China and the Organic Law of the People's Procuratorates of the People's Republic of China, the People's Procuratorate became the legal supervision organ of the state.Since then, the procuratorate system has undergone many changes and developments, gradually forming a modern procuratorate system with Chinese characteristics.

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II. Legal Status and Responsibilities of the Chinese Procuratorate System

 

According to the Constitution and the Organic Law of the People's Procuratorates, the procuratorates are the state's legal supervision organs, exercising procuratorial power independently.Their main duties include:

  

1.To prosecute or support the prosecution of criminal cases;

2. Supervising criminal proceedings, including investigation, trial, and execution;

3. Investigate the official crimes of state functionaries;

4. Supervising civil trials and administrative proceedings;

5. Supervise the law enforcement situation in prisons, detention centers and other places;

6. To safeguard national interests and public interests, and participate in public interest litigation.

 

III. Characteristics of the Chinese procuratorate system



The procuratorate system in China has the following characteristics:

1. The procuratorate plays a leading role in the criminal judicial process, and is responsible for reviewing and prosecuting cases, appearing in court to prosecute, supervising investigation, and ensuring the legitimacy and fairness of the criminal judicial process.


2. Strengthening and improving the supervision function.In recent years, the supervision function of the procuratorate has been further strengthened and improved, not only supervising criminal litigation activities, but also supervising civil trials and administrative proceedings to ensure judicial justice and the correct implementation of the law.


IV. Comparison between the Chinese procuratorate system and the US procuratorial system


Compared with the procuratorial system in the United States, the procuratorial system in China has the following differences:


1. The status and power of the procuratorial organs are different.In the United States, the procuratorial organs are subordinate to the Department of Justice and are one of the law enforcement departments of the government, with relatively independent status and power.In China, the procuratorates are the national legal supervision organs, with higher legal status and independence.


2. The responsibilities and work processes of the procuratorial organs are different.The procuratorial organ of the United States is mainly responsible for prosecuting suspect, while the procuratorate of China, in addition to assuming the responsibility of public prosecution, also bears the responsibility of supervising criminal proceedings. That is, the procurators who appear in court have two responsibilities in the court, one is to prosecute on behalf of the country, and the other is to supervise trial activities.In addition, there are also differences in the work processes of the procuratorial organs of the two countries. For example, when reviewing and prosecuting, American prosecutors mainly focus on whether there is sufficient evidence to prove that the suspect committed a crime, while Chinese prosecutors need to consider factors such as the nature, circumstances, and degree of social harm of the crime.


3. There are differences in the organizational form and authority of procuratorial organs.China implements a dual leadership system with the procuratorial organs as the main body, which means that the procuratorial organs are subject to the dual leadership of the higher procuratorial organs and the people's government at the same level when exercising their functions and powers.However, the United States implements an independent supervision system with the federal attorney general's office as the main body, which means that the federal attorney general's office is not subject to interference and influence from other government departments when exercising its functions and powers.


Of course, like any judicial system, China's procuratorate system also faces challenges and room for improvement. Efforts to continuously strengthen judicial independence, improve case handling efficiency, and strengthen legal talent training are important directions for the continuous development of China's procuratorate system. In short, China's procuratorate system plays an important role in maintaining judicial fairness, safeguarding human rights, and promoting social stability. It is an important component of China's judicial system, ensuring the legality and fairness of criminal cases through independent exercise of prosecutorial power. At the same time, China's procuratorate is also committed to strengthening international cooperation, combating transnational crime, and improving the level of human rights protection.

 

Many of our lawyers at Concord & Sage Law Firm are licensed to practice law in both China and the United States. If you have questions on Chinese legal topics, please feel free to email us at contact@concordsage.com. 
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