中华人民共和国人民检察院组织法（修正）_法律英语

中华人民共和国人民检察院组织法（修正）

文章来源：文章作者：发布时间：2007-04-16 02:29 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

（Adopted at the Second Session of the Fifth National people's Congress on July 1， 1979， and amended¹ according to the Decision on the Revision of the Organic Law of the People's Procuratorates of the People's Republic of China adopted at the Second Meeting Committee of the Sixth National People's Congress on September 2， 1983）
颁布日期：19830902 　实施日期：19800101 　颁布单位：全国人大

　　Contents

　　Chapter I General Provisions

　　Chapter II Procedures for People's Procuratorates in Exercising Their Functions and Powers

　　Chapter III The Organizational Structure and the Appointment and Removal of Personnel of People's Procuratorates

　　Chapter I General Provisions

　　Article 1 The people's procuratorates of the People's Republic of China are state organs for legal supervision².

　　Article 2 The People's Republic of China shall establish the Supreme³ People's Procuratorate， the people's procuratorates at various local levels， military procuratorates and other special people's procuratorates. （Amended on September 2 ，1983）

　　The people's procuratorates at various local levels shall be divided into：

　　（1） people's procuratorates of provinces， autonomous⁴ regions， and municipalities directly under the Central Government；

　　（2） branches of the people's procuratorates of provinces， autonomous regions， and municipalities directly under the Central Government， and people's procuratorates of autonomous prefectures and cities directly under the provincial⁵ governments； and

　　（3） people's procuratorates of counties， cities， autonomous counties and municipal districts.

　　People's procuratorates at the provincial or county level may， according to work requirements and upon the approval of the standing⁶ committee of the people's congress at the corresponding level， set up people's procuratorates as their agencies in industrial and mining areas， agricultural reclamation⁷ areas， forest zones， etc. （A paragraph was deleted here on September 2， 1983）

　　The establishment， organization， functions and powers of special people's procuratorates shall be stipulated⁸ separately by the Standing Committee of the National People's Congress.

　　Article 3 People's procuratorates at all levels shall each have a chief procurator， a number of deputy chief procurators and procurators. The chief procurator exercises unified⁹ leadership over the work of the procuratorates.

　　People's procuratorates at all levels shall each set up a procuratorial committee. The procuratorial committee shall apply the system of democratic centralism and， under the direction of the chief procurator， hold discussions and make decisions on important cases and other major issues. In the case of the chief procurator disagreeing with the majority's opinion over a decision on an important issue， the matter may be reported to the standing committee of the people's congress at the corresponding level for final decision.

　　Article 4 The people's procuratorates shall， through exercising their procuratorial authority， suppress all treasonous activities， all activities to dismember the state and other counterrevolutionary activities， and strike at counter revolutionaries and other criminals， so as to safeguard the unification of the country， the system of proletarian dictator ship and the socialist¹⁰ legal system； to maintain public order and order in production， education， scientific research and other work， and in the life of the people； to protect socialist property owned by the whole people and by the collectives of the working masses， and the private property lawfully¹¹ owned by citizens； to protect the citizens' rights of the person and their democratic and other rights； and to ensure the smooth progress of socialist modernization¹².

　　The people's procuratorates， through procuratorial activities， educate the citizens to be loyal to their socialist motherland， to consciously observe the Constitution and the laws and to actively¹³ fight against illegal activities.

　　Article 5 People's procuratorates at all levels shall exercise the following functions and powers：

　　（1） exercise procuratorial authority over cases of treason， cases involving acts to dismember the state and other major criminal cases severely¹⁴ impeding¹⁵ the unified enforcement of state policies， laws， decrees and administrative¹⁶ orders；

　　（2） conduct investigations¹⁸ of criminal cases handled directly by themselves；

　　（3） review cases investigated by public security organs and determine whether to approve arrest， to prosecute¹⁹ or to exempt²⁰ from prosecution²¹； exercise supervision over the investigatory activities of public security organs to determine whether they conform to the law；

　　（4） initiate²² public prosecutions²³ of criminal cases and support such prosecutions； exercise supervision over the judicial²⁴ activities of people's courts to determine whether they conform to the law； and

　　（5） exercise supervision over the execution of judgments²⁶ and organs in criminal cases and over the activities of prisons， detention²⁷ houses and organs in charge of reform through labour to determine whether such execution and activities conform to the law.

　　Article 6 People's procuratorates shall， in accordance with the law， protect citizens' rights to lodge²⁸ complaints against state functionaries²⁹ who break the law and shall investigate the legal responsibility of those persons who infringe³⁰ upon other citizens' rights of the person and their democratic and other rights.

　　Article 7 People's procuratorates must， in executing their work， persistently³¹ seek truth from facts， follow the mass line， heed³² the opinions of the masses and subject themselves to supervision by the masses； investigate and study， laying stress on evidence rather than readily giving credence³³ to oral statements and strictly³⁴ forbidding the obtainment of confessions³⁵ by compulsion； and correctly differentiate³⁶ and handle contradictions between the enemy and the people， and those among the people themselves.

　　The functionaries of the people's procuratorates at all levels must pay high regard to actual facts and the law， be faithful to the socialist cause and serve the people wholeheartedly.

　　Article 8 In the exercise of procuratorial authority by people's procuratorates at all levels， the law shall be applied³⁷ equally to all citizens， and no privileges shall be allowed .

　　Article 9 The people's procuratorates shall exercise procuratorial authority independently， in accordance with the provisions of the law， and shall not be subject to interference by any administrative organ， public organization or individual.

　　Article 10 The Supreme People's Procuratorate shall be responsible to and report on its work to the National People's Congress and its Standing Committee. The people's procuratorates at various local levels shall be responsible to and report on their work to the people's congresses and their standing committees at corresponding levels.

　　The Supreme People's Procuratorate shall direct the work of the people's procuratorates at various local levels and of the special people's procuratorates； the people's procuratorates at higher levels shall direct the work of those at lower levels.

　　Chapter II Procedures for People's Procuratorates in Exercising Their Functions and Powers

　　Article 11 If a people's procuratorate finds and confirms that a criminal act has been committed， it shall place the case on file for investigation¹⁷ in accordance with the procedure provided by law， or transfer it to a public security organ for investigation. If， upon conclusion of the investigation， the people's procuratorate deems it necessary to investigate criminal responsibility， it shall initiate a public prosecution in the people's court， or it shall rescind³⁸ the case， if it deemsit unnecessary to investigate criminal responsibility.

　　Article 12 The arrest of any citizen， unless decided³⁹ on by a people's court， must be subject to the approval of a people's procuratorate.

　　Article 13 A people's procuratorate shall review the cases for which a public security organ requests prosecution and decide whether to initiate public prosecution， to exempt from prosecution or not to initiate prosecution.

　　It may remand a case to the public security organ for supplementary⁴⁰ investigation if the main facts of the crime are not clear or the evidence is insufficient⁴¹.

　　If a people's procuratorate discovers violations⁴² of the law in the investigatory activities of a public security organ， it shall instruct that public security organ to rectify⁴³ them.

　　Article 14 If a public security organ considers that there is an error in a decision of a people's procuratorate to disapprove⁴⁴ arrest， not to initiate prosecution or to grant exemption⁴⁵ from prosecution in the cases transferred by it to the people's procuratorate， it may request reconsideration by the people's procuratorate， and may also request review by the people's procuratorate at the next higher level. The higher-level people's procuratorate shall make a timely decision and instruct the lower-Level people's procuratorate and the public security organ to execute it.

　　Article 15 In legal proceedings⁴⁶ instituted by a people's procuratorate， the chief procurator or a procurator shall attend the court session， in the capacity of state prosecutor⁴⁷， to support the prosecution and exercise supervision over the court proceedings， and to determine whether they Conform to the law.

　　Article 16 If a people's court considers that the main facts of a crime are not clear or the evidence is insufficient or there are violations of the law in a case in which the people's procuratorate has initiated⁴⁸ prosecution， it may remand the case to the people's procuratorate for supplementary investigation or notify it to make corrections.

　　Article 17 If a local people's procuratorate discovers any error in a judgment²⁵ or order of a people's court at the corresponding level in a case of first instance， it shall lodge a protest in accordance with the procedure of appeal.

　　Article 18 If the Supreme People's Procuratorate discovers some definite error in a legally effective judgment or order of a people's court at any level， or if a people's procuratorate at a higher level discovers some definite error in a legally effective judgment or order of a people's court at a lower level， it shall lodge a protest in accordance with procedures of judicial supervision.

　　People's procuratorates must send personnel to appear in court when cases are heard， in accordance with procedures of judicial supervision.

　　Article 19 If the people's procuratorates discover violations of the law in the execution of judgments or orders in criminal cases， they shall notify the executing organs to correct them.

　　If the people's procuratorates discover violations of the law in the activities of prisons， detention houses or organs in charge of reform through labour， they shall notify the organs responsible to correct them.

　　Chapter III The Organizational Structure and the Appointment and Removal of Personnel of People's Procuratorates

　　Article 20 The Supreme People's Procuratorate shall establish a number of procuratorial departments and other professional agencies as needed. The people's procuratorates at various local levels may respectively establish corresponding procuratorial divisions， sections and other professional agencies. （Amended on September 2， 1983）

　　Article 21 The Procurator-General of the Supreme People's Procuratorate shall be elected and removed by the National People's Congress.

　　The Deputy Procurators-General， members of the procuratorial committee and procurators of the Supreme People's Procuratorate shall be appointed and removed by the Standing Committee of the National People's Congress upon there commendation of the Procurator-General of the Supreme people's Procuratorate.

　　Article 22 The chief procurators of the people's procuratorates of provinces， autonomous regions， and municipalities directly under the Central Government and their branches shall be elected and removed by the people's congresses of provinces， autonomous regions， and municipalities directly under the Central Government； the deputy chief procurators， members of procuratorial committees and procurators shall be appointed and removed by the standing committees of the people's congresses at corresponding levels upon the recommendation of the chief procurators of the provinces， autonomous regions， and municipalities directly under the Central Government.

　　The appointment and removal of the chief procurators of the people's procuratorates of provinces， autonomous regions， and municipalities directly under the Central Government shall be reported to the Procurator-General of the Supreme People's Procuratorate for submission⁴⁹ to the Standing Committee of the National People's Congress for approval. （Amended on September 2， 1983）

　　Article 23 The chief procurators of people's procuratorates of autonomous prefectures， cities directly under the provincial governments， counties， cities and municipal districts shall be elected and removed by the people's congresses at corresponding levels； the deputy chief procurators， members of procuratorial committees and procurators shall be appointed and removed by the standing committees of the people's congresses at corresponding levels upon the recommendation of the chief procurators.

　　The appointment and removal of the chief procurators of the people's procuratorates of autonomous prefectures， cities directly under the provincial governments， counties， cities and municipal districts shall be reported to the chief procurators of the people's procuratorates at the next higher level for submission to the standing committee of the people's congress at the corresponding level for approval. （Amended on September 2， 1983）

　　Article 24 The chief procurators， deputy chief procurators， members of procuratorial committees and procurators of people's procuratorates set up in industrial and mining areas， agricultural reclamation areas and forest zones by people's procuratorates at the provincial or county level shall be appointed and removed by the standing committee of the people's congress at the corresponding level upon the recommendation of the chief procurator of the dispatching people's procuratorates.

　　Article 25 The term of office of the chief procurators of people's procuratorates at all levels shall be the same as that of the people's congresses at corresponding levels.

　　Article 26 The Standing Committee of the National People's Congress and the standing committees of the people's congresses of provinces， autonomous regions， and municipalities directly under the Central Government may， upon proposals put forward by the Procurator-General and chief procurators of people's procuratorates at the corresponding level， replace the chief procurators， deputy chief procurators and members of the procuratorial committees of people's procuratorates at lower levels.

　　Article 27 People's procuratorates at all levels shall have a number of assistant procurators and clerks. With the approval of the chief procurator， an assistant procurator may act in the function of a procurator. The clerks shall be responsible for keeping case records and other related matters.

　　The assistant procurators and clerks shall be appointed and removed by the chief procurators of people's procuratorates at all levels.

　　People's procuratorates at all levels may install judicial police as needed.

　　Article 28 The organizational structure and staff size of the people's procuratorates at all levels shall be stipulated separately by the Supreme People's Procuratorate

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收听单词发音

1 Amended
adj. 修正的动词amend的过去式和过去分词
参考例句：
He asked to see the amended version. 他要求看修订本。 He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。

2 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

3 supreme
adj.极度的，最重要的；至高的，最高的
参考例句：
It was the supreme moment in his life.那是他一生中最重要的时刻。 He handed up the indictment to the supreme court.他把起诉书送交最高法院。

4 autonomous
adj.自治的；独立的
参考例句：
They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。 This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。

5 provincial
adj.省的，地方的；n．外省人，乡下人
参考例句：
City dwellers think country folk have provincial attitudes.城里人以为乡下人思想迂腐。 Two leading cadres came down from the provincial capital yesterday.昨天从省里下来了两位领导干部。

6 standing
n.持续，地位；adj.永久的，不动的，直立的，不流动的
参考例句：
After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。 They're standing out against any change in the law.他们坚决反对对法律做任何修改。

7 reclamation
n.开垦；改造；（废料等的）回收
参考例句：
We should encourage reclamation and recycling.我们应当鼓励废物的回收和利用。 The area is needed for a land reclamation project.一个土地开垦项目要在这一地区进行。

8 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

9 unified
(unify 的过去式和过去分词)；统一的；统一标准的；一元化的
参考例句：
The teacher unified the answer of her pupil with hers. 老师核对了学生的答案。 The First Emperor of Qin unified China in 221 B.C. 秦始皇于公元前221年统一中国。

10 socialist
n.社会主义者；adj.社会主义的
参考例句：
China is a socialist country,and a developing country as well.中国是一个社会主义国家，也是一个发展中国家。 His father was an ardent socialist.他父亲是一个热情的社会主义者。

11 lawfully
adv.守法地，合法地；合理地
参考例句：
Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。来自口语例句 As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫，无论疾病灾难，直到死亡把我们分开。来自电影对白

12 modernization
n.现代化，现代化的事物
参考例句：
This will help us achieve modernization.这有助于我们实现现代化。 The Chinese people are sure to realize the modernization of their country.中国人民必将实现国家现代化。

13 actively
adv.积极地，勤奋地
参考例句：
During this period all the students were actively participating.在这节课中所有的学生都积极参加。 We are actively intervening to settle a quarrel.我们正在积极调解争执。

14 severely
adv.严格地；严厉地；非常恶劣地
参考例句：
He was severely criticized and removed from his post.他受到了严厉的批评并且被撤了职。 He is severely put down for his careless work.他因工作上的粗心大意而受到了严厉的批评。

15 impeding
a.(尤指坏事)即将发生的，临近的
参考例句：
Fallen rock is impeding the progress of rescue workers. 坠落的石头阻滞了救援人员的救援进程。 Is there sufficient room for the kiosk and kiosk traffic without impeding other user traffic? 该环境下是否有足够的空间来摆放信息亭？信息亭是否会妨碍交通或者行走？来自About Face 3交互设计精髓

16 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

17 investigation
n.调查，调查研究
参考例句：
In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。 He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

18 investigations
（正式的）调查( investigation的名词复数 )；侦查；科学研究；学术研究
参考例句：
His investigations were intensive and thorough but revealed nothing. 他进行了深入彻底的调查，但没有发现什么。 He often sent them out to make investigations. 他常常派他们出去作调查。

19 prosecute
vt.告发；进行；vi.告发，起诉，作检察官
参考例句：
I am trying my best to prosecute my duties.我正在尽力履行我的职责。 Is there enough evidence to prosecute?有没有起诉的足够证据？

20 exempt
adj.免除的；v.使免除；n.免税者，被免除义务者
参考例句：
These goods are exempt from customs duties.这些货物免征关税。 He is exempt from punishment about this thing.关于此事对他已免于处分。

21 prosecution
n.起诉，告发，检举，执行，经营
参考例句：
The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。 He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

22 initiate
vt.开始，创始，发动；启蒙，使入门；引入
参考例句：
A language teacher should initiate pupils into the elements of grammar.语言老师应该把基本语法教给学生。 They wanted to initiate a discussion on economics.他们想启动一次经济学讨论。

23 prosecutions
起诉( prosecution的名词复数 )；原告；实施；从事
参考例句：
It is the duty of the Attorney-General to institute prosecutions. 检察总长负责提起公诉。 Since World War II, the government has been active in its antitrust prosecutions. 第二次世界大战以来，政府积极地进行着反对托拉斯的检举活动。来自英汉非文学 - 政府文件

24 judicial
adj.司法的，法庭的，审判的，明断的，公正的
参考例句：
He is a man with a judicial mind.他是个公正的人。 Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

25 judgment
n.审判；判断力，识别力，看法，意见
参考例句：
The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。 He's a man of excellent judgment.他眼力过人。

26 judgments
判断( judgment的名词复数 )；鉴定；评价；审判
参考例句：
A peculiar austerity marked his judgments of modern life. 他对现代生活的批评带着一种特殊的苛刻。 He is swift with his judgments. 他判断迅速。

27 detention
n.滞留，停留；拘留，扣留；(教育)留下
参考例句：
He was kept in detention by the police.他被警察扣留了。 He was in detention in connection with the bribery affair.他因与贿赂事件有牵连而被拘留了。

28 lodge
v.临时住宿，寄宿，寄存，容纳；n.传达室，小旅馆
参考例句：
Is there anywhere that I can lodge in the village tonight?村里有我今晚过夜的地方吗？ I shall lodge at the inn for two nights.我要在这家小店住两个晚上。

29 functionaries
n.公职人员，官员( functionary的名词复数 )
参考例句：
The Indian transmitters were court functionaries, not missionaries. 印度文化的传递者都是朝廷的官员而不是传教士。来自辞典例句 All government institutions functionaries must implement state laws, decrees and policies. 所有政府机关极其工作人员都必须认真执行国家的法律，法规和政策。来自互联网

30 infringe
v.违反，触犯，侵害
参考例句：
The jury ruled that he had infringed no rules.陪审团裁决他没有违反任何规定。 He occasionally infringe the law by parking near a junction.他因偶尔将车停放在交叉口附近而违反规定。

31 persistently
ad.坚持地；固执地
参考例句：
He persistently asserted his right to a share in the heritage. 他始终声称他有分享那笔遗产的权利。 She persistently asserted her opinions. 她果断地说出了自己的意见。

32 heed
v.注意，留意；n.注意，留心
参考例句：
You must take heed of what he has told.你要注意他所告诉的事。 For the first time he had to pay heed to his appearance.这是他第一次非得注意自己的外表不可了。

33 credence
n.信用，祭器台，供桌，凭证
参考例句：
Don't give credence to all the gossip you hear.不要相信你听到的闲话。 Police attach credence to the report of an unnamed bystander.警方认为一位不知姓名的目击者的报告很有用。

34 strictly
adv.严厉地，严格地；严密地
参考例句：
His doctor is dieting him strictly.他的医生严格规定他的饮食。 The guests were seated strictly in order of precedence.客人严格按照地位高低就座。

35 confessions
n.承认( confession的名词复数 )；自首；声明；（向神父的）忏悔
参考例句：
It is strictly forbidden to obtain confessions and to give them credence. 严禁逼供信。来自《现代汉英综合大词典》 Neither trickery nor coercion is used to secure confessions. 既不诱供也不逼供。来自《现代汉英综合大词典》

36 differentiate
vi.(between)区分；vt.区别；使不同
参考例句：
You can differentiate between the houses by the shape of their chimneys.你可以凭借烟囱形状的不同来区分这两幢房子。 He never learned to differentiate between good and evil.他从未学会分辨善恶。

37 applied
adj.应用的；v.应用，适用
参考例句：
She plans to take a course in applied linguistics.她打算学习应用语言学课程。 This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

38 rescind
v.废除，取消
参考例句：
They accepted his advice and rescinded the original plan.他们听从了他的劝告，撤销了原计划。 Trade Union leaders have demanded the government rescind the price rise.工会领导已经要求政府阻止价格上涨。

39 decided
adj.决定了的，坚决的；明显的，明确的
参考例句：
This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。 There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

40 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

41 insufficient
adj.(for，of)不足的，不够的
参考例句：
There was insufficient evidence to convict him.没有足够证据给他定罪。 In their day scientific knowledge was insufficient to settle the matter.在他们的时代，科学知识还不能足以解决这些问题。

42 violations
违反( violation的名词复数 )；冒犯；违反（行为、事例）；强奸
参考例句：
This is one of the commonest traffic violations. 这是常见的违反交通规则之例。 These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

43 rectify
v.订正，矫正，改正
参考例句：
The matter will rectify itself in a few days.那件事过几天就会变好。 You can rectify this fault if you insert a slash.插人一条斜线便可以纠正此错误。

44 disapprove
v.不赞成，不同意，不批准
参考例句：
I quite disapprove of his behaviour.我很不赞同他的行为。 She wants to train for the theatre but her parents disapprove.她想训练自己做戏剧演员，但她的父母不赞成。

45 exemption
n.豁免，免税额，免除
参考例句：
You may be able to apply for exemption from local taxes.你可能符合资格申请免除地方税。 These goods are subject to exemption from tax.这些货物可以免税。

46 proceedings
n.进程，过程，议程；诉讼(程序)；公报
参考例句：
He was released on bail pending committal proceedings. 他交保获释正在候审。 to initiate legal proceedings against sb 对某人提起诉讼

47 prosecutor
n.起诉人；检察官，公诉人
参考例句：
The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。 The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

48 initiated
n. 创始人 adj. 新加入的 vt. 开始，创始，启蒙，介绍加入
参考例句：
He has not yet been thoroughly initiated into the mysteries of computers. 他对计算机的奥秘尚未入门。 The artist initiated the girl into the art world in France. 这个艺术家介绍这个女孩加入巴黎艺术界。

49 submission
n.服从，投降；温顺，谦虚；提出
参考例句：
The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。 No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。

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