Article 1
This Law is enacted in accordance with the Constitution to advance the cultivation of high-caliber procurators, strengthen the management and supervision over them, safeguard their legitimate rights and interests, ensure that people's procuratorates independently exercise their procuratorial power in accordance with the law and that procurators legally perform their functions and duties, and safeguard justice.
Article 2
Procurators refer to the procuratorial personnel who exercise State procuratorial power in accordance with the law, including the Procurator-General, the Deputy Procurator-General, and the chief procurators, deputy chief procurators, procuratorial committee members, and procurators of the Supreme People's Procuratorate, the local people's procuratorates at all levels and specialized people's procuratorates such as military procuratorates.
Article 3
Procurators shall observe the Constitution and laws, safeguard social fairness and justice and be devoted to serving the people.
Article 4
Procurators shall stay diligent, honest, and clean, and live by professional ethics.
Article 5
Procurators shall perform their duties objectively and impartially on the basis of facts and law.
In handling criminal cases, procurators shall abide by the principle of nullum crimen sine lege, and respect and protect human rights, ensuring that crimes are prosecuted while protecting the non-guilty from criminal prosecution.
Article 6
Procurators shall be protected by law, and brook no interference from administrative bodies, social groups or individuals when performing their duties in accordance with the law.
Article 7
Procurators have the following duties:
(1) To investigate criminal cases directly accepted by people's procuratorates as provided by law;
(2) To review the requests for detentions and prosecutions involved in criminal cases, and bring public prosecution of these cases on behalf of the State;
(3) To initiate public interest litigation;
(4) To oversee criminal, civil, and administrative litigation; and
(5) Other duties provided by law.
Procurators shall be responsible for the decisions they make on the cases within the scope of their functions and powers.
Article 8
Chief procurators, deputy chief procurators and procuratorial committee members of people's procuratorates shall, in addition to performing their procuratorial duties, undertake other duties commensurate with their posts.
Article 9
Procurators shall work under the leadership of their chief procurator and refer major cases to the chief procurator for decision. The chief procurator can entrust part of his powers to procurators, and may authorize them to issue legal documents.
Article 10
Procurators shall discharge the following obligations:
(1) To strictly observe the Constitution and laws;
(2) To handle cases impartially and not to bend the law for personal gains;
(3) To safeguard the procedural rights of the parties involved and other participants in the proceedings in accordance with the law;
(4) To safeguard the interests of the State and the public and the lawful rights and interests of individuals and organizations;
(5) To protect State and procuratorial secrets as well as the trade secrets and individual privacy learned of in the performance of duties;
(6) To accept legal and public oversight in accordance with the law;
(7) To raise public awareness of the rule of law and promote rule-of-law society by handling cases in accordance with the law and interpreting the laws involved in cases; and
(8) To discharge other obligations provided by law.
Article 11
Procurators shall enjoy the following rights:
(1) To have the power and working conditions essential to the performance of their duties;
(2) Not to be transferred, removed, demoted, dismissed, or sanctioned without legally recognized causes or without going through statutory procedures;
(3) To enjoy professional guarantee, welfare and benefits from the performance of duties;
(4) To enjoy personal safety and safety of the property and residence as ensured by law;
(5) To lodge petitions or complaints; and
(6) Other rights provided by law.
Article 12
Procurators must meet the following requirements:
(1) Having the nationality of the People's Republic of China;
(2) Upholding the Constitution of the People's Republic of China, the leadership of the Communist Party of China, and the socialist system;
(3) Having political integrity, professional competence, and decent ethics;