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4) Cases Transfer and Prosecution
After a public security organ has concluded its investigation of a case, the facts should be clear and the evidence reliable and sufficient and, in addition, it shall make a written recommendation for prosecution, which shall be transferred, together with the case file and evidence, to the people''s procuratorate at the same level for examination and decision.
PROCURATORATES
1. Administration
According to the Constitution of China, the people''s procuratorates are the state organs for legal supervision. They are elected by and report to the People''s Congress at the same level.
The prosecutorial system of China consists of the Supreme People''s Procuratorate, the local people''s procuratorates at different levels, and special people''s procuratorates, such as military procuratorates and railway transportation procuratorates. The prosecutorial system is parallel to the executive system and the judicial system.
The Supreme People''s Procuratorate is the highest procuratorial organ in China, and the local people''s procuratorates are established at three levels: the province level; the prefecture level; and the county level. The Supreme People''s Procuratorate directs the work of the local people''s procuratorates and the special people''s procuratorates.
2. Responsibilities of the Procuratorates
According to the Law on the Organization of People''s Procuratorate and other related laws, the procuratorates exercise the following powers:
1) Exercise the power of prosecution on cases of treason, separatism and other major crimes seriously undermining the uniform implementation of the state''s policies, laws and decrees;
2) Investigate criminal cases involving graft, dereliction of duty committed by state functionaries; cases involving infringement of the rights of the person, their democratic and other rights, and other serious criminal cases which committed by state functionaries working in government department, and decide whether to arrest the offenders and initiate public prosecution.
3) Review cases investigated by public security organs, decide whether the suspects involved should be arrested and prosecuted, and supervise the legality of such investigations;
4) Initiate and support public prosecution of criminal cases and supervise the legality of the criminal trials conducted by the people’s courts;
5) Supervise the verdicts and sentences of the people’s courts in criminal cases to determine whether they conform to the law; in cases where they find definite errors, lodge protests in accordance with the procedure for appeal; and supervise the activities on the execution of sentences in criminal cases;
6) Supervise civil and administrative trials of the people’s courts.
3. Procurators
The people''s procuratorates at various levels in China are composed of the following personnel: chief procurators, deputy chief procurators, members of the procuratorial committee, procurators, assistant procurators, clerks, and administrative support personnel.
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