The Procurators Law was promulgated in 1995, and amended in 2001, 2017 and 2019 respectively. The latest revision entered into force on October 1, 2019.
There are 70 articles in total.
The key points are as follows:
1.The duties of procurators are as follows:
(1) investigating criminal cases directly accepted by the people’s procuratorates as provided by law;
(2) conducting the examination of arrest and the examination of prosecution, and filing public prosecution on behalf of the state;
(3) filing public interest litigations;
(4) conducting the supervision of criminal, civil and administrative litigation activities;
(5) other duties as provided by law.(Article 7)
2.A procurator must possess the following qualifications:
(1) being of the nationality of the people’s republic of china;
(2) upholding the constitution of the people’s republic of china, and the leadership of the communist party of china and the socialist system;
(3) having good political and professional quality and being good in morality and conduct;
(4) having the physical conditions for normally performing his or her duties;
(5) having a bachelor’s degree or above in law from a regular institution of higher education, or a bachelor’s degree or above not in law from a regular institution of higher education but with a degree of juris master, master of law, or above, or a bachelor’s degree not in law from a regular institution of higher education with any other corresponding degree and with professional knowledge of law;
(6) having engaged in the legal work for at least five years. the seniority in engaging in the legal work of those with a degree of juris master or master of law, or with a doctor’s degree of law may be respectively relaxed to four and three years;
(7) persons to be appointed as procurators for the first time shall have passed the national uniform legal profession qualification examination and obtained the legal profession qualification. (Article 12)
3.The Supreme People’s Procuratorate and all provinces, autonomous regions, and municipalities directly under the Central Government shall establish the procurator disciplinary action committees which shall take charge of examining and determining whether procurators commit any acts against the procuratorial duties.(Article 39)