On Procurators' use of cases to explain the law

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Title: Regulations of the Supreme People's Procuratorate on Implementing the System of Procurators Using Cases to Explain the Law (for Trial Implementation)

Promulgating Entities:Supreme People's Procuratorate

Reference number:

Promulgation Date: 2015-7-3

Expiration date:

Source of text: http://www.spp.gov.cn/xwfbh/wsfbt/201507/t20150720_101608_1.shtml

 

Regulations of the Supreme People's Procuratorate on Implementing the System of Procurators Using Cases to Explain the Law (for Trial Implementation)

Article 1: So as to fully bring into play the procuratorates' duties and functions, to strengthen the populace's notion of rule of law, to advance the establishment of a rule of law society, and in accordance with the legal publicity system in which "those who enforce the law publicize it"; a system by which procurators explain the law through cases is established and implemented on the on the basis of the Constitution and laws.

Article 2: Procuratorates' use of cases to explain the law refers to procurators bringing together cases handled by procuratorates, rotating around issues such as case facts, evidence, procedure and application of law to conduct legal interpretation and explanation of reasoning and develop activities such as publicity and education.

Procurators use of cases to explain the law includes using cases to explain the law to parties and other litigation participants and using cases to explain the law to the public.

Article 3: Procurators use of cases to explain the law shall abide by the following principles:

(1) The principle of necessity. Procurators shall comprehensively consider factors such as the nature and features of a case, and the needs of litigation participants, as well as efficacy for rule of law publicity, to decide whether to conduct explanation of law using cases as well as how to explain the law.

(2) The principle of legality. Procurators shall strictly follow the law and judicial interpretations in using cases to explain the law, and must not have content that violates laws.

(3) normative principle. Procurators use of cases to explain the law shall have accurate facts, clear explanations of reasoning, and standardized form of expression.

(4) the principle of timeliness. Procurators shall, on the basis of the actual circumstances of case handling and the need for legal publicity, promptly use cases to explain the law to litigation participants or the public, either at key moment in the handling of a case or after handling has been completed.

Article 4: In handling cases, procurators shall follow the "Supreme People's Procuratorate Opinion on Strengthening Work of Explaining Reasoning in Procuratorate Legal Documents (Provisional) to earnestly do a good job of explaining reasoning in legal documents at each step.

For cases that are currently being handled, where the parties and other litigation participants submit requests, procurators shall combine the specific case facts and follow the laws and relevant provisions to explain the law and reasoning to the parties and litigation participants.

For cases that might cause parties or other litigation participants to question procuratorates' judicial conduct and disposition decisions, or that upon case handling risk assessment might lead parties to petition, negatively impact societal public sentiment or other serious consequences, or impact the judicial credibility of procuratorates; procurators shall follow the law and relevant regulations to actively explain the law and reasoning to the parties and other litigation participants.

Article 5: The following cases may be used to explain the law to the public:

(1) Cases that have positive legal effect and social effect, and that through using the case to explain the law, can be beneficial to preserving the authority of the Constitution and laws, carrying forward a healthy social atmosphere.

(2) Cases that have a broad social impact or are more controversial, and that through using the case to explain the law, can beneficial in responding to social concern and guiding public opinion;

(3) Cases that might lead to petitioners or social mass incidents, and that through using the case to explain the law can be beneficial to to resolving social conflicts, and promoting social harmony and stability.

(4) Cases closely related to the interests of the people, and that through using the case to explain the law can be beneficial to raising public awareness of rights protection, safeguarding personal lawful rights and interests;

(5) Cases that have strong value for cautionary education, and that through using the case to explain the law can be beneficial to raising public consciousness of studying and complying with law, and promoting the construction of a rule of law society;

(6) Cases that effectively prevent crimes abusing public office, and that through using the case to explain the law can be beneficial to promoting units and departments to complete systems and improve management, to state employees' conscientious vigilance, integrity and self-discipline;

(7) Other types of cases suitable for carrying out use of cases to explain the law.

Article 6: Procurators using cases to explain the law shall accurately explain the facts relevant to the case and fully elucidate the legal and policy bases for handling the case.

Explanations of law and reasoning to parties and other litigation participants shall be directed at analytic debate and explanations of key issues in the major content of the procuratorate's legal documents and relevant handling decisions, as well as in litigation participants' requests, applications, questions, reports, accusations and appeals in the course of case handling,.

Explanation of law and reasoning to the public should pay attention to combining the case content, character and traits, and fully bringing into play the guidance, standardization, prevention and education functions of using cases to explain the law, and strengthening the legal publicity effects.

Article 7: Procurators using cases to explain the law must not reveal state secrets, commercial secrets as well as other information that must not be disclosed under other laws, regulations and procuratorate work provisions. Cases involving parties' privacy or juvenile crime information shall be processed through the necessary means to avoid causing harm to parties and their families' reputations or the physical and mental health of minors.

Article 8: For cases currently being handled but procuratorates, procurators may address the requests of the litigation participant combined with the case handling process, to explain the law at appropriate times. Where there is a major emergency situation, efforts to use the case to explain the law shall be immediately initiated.

Use of cases to explain the law to the public may be combined with National Consitution Day, Legal Publicity Month, Week or Day, and other legal publicity activities, and may also be in cooperation with a certain period of central work or occaisionally launched on the bases of case situations, social concern, and the like.

Article 9: Use of cases to explain the law to parties and other litigation participants may employ written or oral methods. Where oral methods are used, a record shall be made.

Use of cases to explain the law to the public may be done through the following methods:

(1) Going to an organ, the countryside, a community, schools, enterprises, units and so forth, to use cases to explain the law;

(2) fully utilizing traditional media such as television, radio and newspapers, to have interviews with procurators, procurator columns, and other uses of cases to explain the law;

(3) using micro-blogs, Wechat, news clients, and other such new media, and widely relying on the Web sites of the Procuratorate and Government, professional legal publicity websites and so on to use cases to explain the law.

(4) fully applying of the people's Procuratorate case information disclosure system, to promote use of cases to explain the law by lawfully, fully, promptly, and regularly disclosing case information;

(5) combining using cases to explain the law with procuratorates' release of guiding cases, typical cases and so on;

(6) other methods suited to using cases to explain the law.

Article 10: Procuratorate's case-handling departments shall integrate that departments cases and organize procurators to develop the use of cases to explain the law, and strengthen guidance, oversight and review of procurators' use of case to explain the law.

procuratorate departments for undertaking comprehensive public security administration liason duties and responsible for prevention of crimes abusing public office shall, in accordance with a set period's work arrangements for comprehensive public security administration and preventing crimes abusing public office separately research and formulate an annual work plan for procuratorates use of cases to explain the law; organizing and coordinating case-handling departments development of efforts to use cases to explain the law and summarizing and reporting relevant working conditions.

Procuratorates' new publicity departments are responsible for organizing procurators use of cases to explain the law through news media, and doing a good job on publicity reports and efforts responding to public sentiment .

Procuratorates' law and policy research departments, based on the needs of guiding cases work, strengthen regulatory guidance on the use of cases to explain the law, and launch efforts to collect, analyze and release typical cases of using cases to explain the law.

Article 11: Procurators using cases to explain the law shall stictly follow the case-handling procedure in law and regulations, and the provisions on procuratorate work, major cases shall be approved by the responsible person for that department and reporting to the acting chief procurator or chief procurator. Use of cases to explain the law to the public in major complicated and sensitive cases that the public is following, shall also solicit the opinions of the procuratorate news and publicity department on aspects such as the manner, content and timing of using the case to explain the law, and when necessary shall report to the people's procuratorate at the level above for approval.

Article 12: On the basis of work requirements, procuratorates shall establish and complete incentive mechanisms for procurators using cases to explain the law, and give commendations and rewards to procurators with outstanding performance or remarkable achievements in using cases to explain the law.

Article 13: Procurators responsible for using cases to explain the law who exhibit the following conduct shall bear corresponding responsibility:

(1) without approval and on their own initiative, speaking about a case that in public venues or on news media, causing a negative impact to the credibility of a procuratorate;

(2) without approval and on their own initiative, leaking circumstances of a case that they or others are currently handling, obstructing the independent and just handling of the case in accordance with law.

(3) Intentionally distorting or incorrectly describing the facts of a case, leading public sentiment and causing negative social impact;

(4) Speaking in a manner that is not compliant with the procurator's professional ethics, damaging the image of the procuratorate.

(5) having other negative effects or serious consequences.

Article 14: Provincial level people's procuratorates may, on the basis of these Provisions together with actual local circumstances, formulate detailed regulations on procurators use of cases to explain the law.

Article 15: The Supreme People's Procuratorate is responsible for interpreting these Provisions, which take effect on the date of their issue.

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