1、法律英语复习：中国的检查制度 According to the Law on the Organization of Peoples Procuratorates, the Peoples Procuratorates are the States organs for legal supervision that exercise the power of prosecution. They are elected by and report to the Peoples Congress at the same level. Organization of Procuratorates A
2、rticle 2 of the Law on the Organization of Peoples Procuratorates states that procuratorates are set up at the supreme and local levels; in addition, special procuratorates such as military procuratorial organs are set up. Such a top-down structure reflects the pyramid structure of the countrys pros
3、ecution, in which the superior leads the subordinate. This is noticeably different from the court system in which the higher court supervises the lower court. This centralized system is created to maintain the consistency of the countrys legal structure. The Supreme Peoples Procuratorate leads local
4、 and special procuratorates. Local means provincial, autonomous regional and municipal procuratorates and their branches, as well as procuratorates at the autonomous prefecture/cities directly under provincial governments, county, city, autonomous city and urban district levels. Special procuratorat
5、es include military and railway transportation prosecution. Procuratorates are established at levels corresponding to those of courts so that cases can be prosecuted in accordance with legal procedures. Responsibilities of Procuratorates According to the Law on the Organization of Peoples Procurator
6、ates and other related laws, procuratorates exercise the following powers: Exercise the power of prosecution on cases of treason, separatism and major crimes seriously hindering the uniform implementation of the states policies, laws, writs, administrative decrees; Investigate criminal cases they di
7、rectly handle; Review cases investigated by public security and state security authorities to decide if arrests, prosecutions are warranted; supervise the legality of such investigations; Initiate public prosecution and support public prosecution for criminal cases; supervise the legality of trials
8、conducted by courts; Supervise the rulings and judgments on criminal cases and the legality of activities of jails, detention centers and reform-through-labor institutions; Supervise civil and administrative trials of courts. Organizational Structure of Procuratorates Organizationally, procuratorate
9、s are composed of procuratorial committees and other specialized departments. 1. Procuratorial Committee The chief prosecutor of a procuratorate oversees the day-to-day operation of procuratorates. Clause 2, Article 3 of the Law on the Organization of Peoples Procuratorates states that Peoples Procu
10、ratorates at all levels should establish a Procuratorial Committee and a democratic centralization system should be implemented. The committee should, under the leadership of the chief prosecutor, deliberate on major cases and other major issues. Should the chief prosecutor disagree with the decisio
11、n of the majority of the committee members, he or she may refer the issue to the Peoples Congress at the same level for adjudication. 2. Working Body Internally, working bodies are created within each procuratorate. These include prosecutors for criminal, economic, disciplinary, jails, and civil and
12、 administrative cases. In particular, procuratorates have set up anti-corruption bureaus and reporting centers that fight embezzlement, bribery, dereliction and infringements of rights through collaboration with the masses. System of Prosecutors This system aims at managing prosecutors who, in accor
13、dance with laws, exercise the state power of prosecution at procuratorates. It consists of rules specifying the responsibilities, rights and obligations, qualifications, appointments and removals, examination, training, awards and penalties, salary and compensation, resignation, and retirement of pr
14、osecutors. The Prosecutors Law was adopted on February 28, 1995 at the 12th session of the Standing Committee of the Eighth National Peoples Congress. That law went into force on July 1, 1995. 1. Qualifications of Prosecutors Prosecutors include chief prosecutor and deputy prosecutor of Peoples Proc
15、uratorates at all levels, members of the Procuratorial Committee, prosecutors and assistant prosecutors. Prosecutors as a whole must meet the following qualifications: Be a citizen of the Peoples Republic of China; Be at least 23 years of age; Support the Constitution of the Peoples Republic of Chin
16、a; Be in political, professional and moral standing; Be in good health; A 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 bachelors degree in law with a full year of working experienc
