Measures on the Selection and Management of People's Supervisors

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Publishing units:the Supreme People's Procuratorate , Ministry of justice  

Date of Release:2016-07-14 10:22  Thursday

SourceLegal daily – the rule of law network

Article 1: These Measures are formulated so as to regulate efforts on the selection and management of people's supervisors, to improve the people's supervisor system, to complete mechanisms for external checks on the exercise of the procuratorate power.

Article 2: The supervision and management of people's supervisors shall adhere to the principles of democracy in accordance with law, openness and fairness, and scientific efficiecy, to establish a corps of people's supervisors possessing higher political character,that is highly representative and having a sturdy public base, safeguarding and promoting people's supervisors' exercise of the supervisory power, and bringing into play the people's supervisors' supervisory role.

Article 3: The judicial-administrative organs are responsible for the selection, training,and evaluation of people's supervisors, and other such management work, and the people's procuratorates are to cooperate and coordinate..

The judicial-administrative organs and people's procuratorates shall establish work coordination mechanisms to provide relevant services to people's supervisors performing their duties; shall ensure connections between the selection, management, and use of people's supervisors; and shall ensure that people's supervisors lawfully and fully perform their duties.

Article 4: The judicial-administrative organs at the provincial and districted city levels are responsible for the selection and management of people's supervisors. County level judicial-administrative organs are to assist in that administrative district's specific efforts on the selection and management of people's supervisors, in accordance with the requirements of the judicial-administrative organs at higher levels.

Judicial-administrative organs shall complete working bodies, appoint staff, improve institutional mechanisms, and ensure the smooth development of work on the selection and management of people's supervisors.

Article 5: People's supervisors are divided into provincial level people's procuratorate people's supervisors and districted city level people's procuratorate people's supervisors.

Provincial level people's procuratorate people's supervisors supervise provincial and districted city level people's procuratorates handling of cases that are directly accepted and investigated by the people's procuratorates. Of these, people's supervisors of directly governed municipalities' people's procuratorates supervise each level of the directly governed municipalities' people's procuratorates' handling of cases that are directly accepted and investigated by the people's procuratorates. Districted city level people's procuratorates' people's supervisors supervise county level people's procuratorates handling of cases that are directly accepted and investigated by the people's procuratorates.

Article 6: The term of people's supervisors is 5 years, and they are not to serve more than two consecutive terms.

People's supervisors must not concurrently serve as people's supervisors in two or more people's procuratorates.

Article 7: People's supervisors exercising supervisory powers in accordance with law receive the protection of law.

People's supervisors shall strictly follow the law and relevant discipline provisions, shall follow the provided scope of authority and procedures, and shall independently and fairly conduct supervision of cases that are included in the scope of their supervision. They must not have the following circumstances:

(1) Impeding the fair disposition of cases;

(2) Disclosing state secrets, commercial secrets, personal private information, or information on juvenile crimes that are related to cases.

(3) Disclosing other case information that shall not be disclosed in accordance with the relevant provisions of laws and regulations.

Article 8: Chinese citizens who are at least 23 years-old and who uphold the Consitution of the People's Republic of China, have good conduct, are upstanding, and are physically healthy may serve as people's supervisors. People's supervisors shall have a high school education or higher.

Persons who have received criminal punishment or have been removed from public office must not serve as people's supervisors.

Article 9: The judicial-administrative organs shall determine the number of people's supervisors together with the people's procuratorates and release this; with every county (city, district) in the jurisdictional region having at least three people's supervisors.

Article 10: The judicial-administrative organs shall release an announcement of the selection of people's supervisors, take recommendations and applications, and ask relevant units and organizations to recommend persons to participate in the selection of people's supervisors.

Constituent members of the standing committees of people's congresses, staff of people's courts, people's procuratorates, public security organs, state security organs, and judicial-administrative organs, and people's assessors, are not to participate in the selection of people's supervisors.

Article 11: The judicial-administrative organs shall employ multiple methods to determine people's supervisors, such as going to their unit or neighborhood to make inquiries,hearing the opinions of public representatives and basic level organizations, and organizing and conducting interviews; and shall make a public announcement.

The ratio of people's supervisor candidates who are officials or staff at public institutions is not usually to exceed 50%.

Article 12: Where there are no objections to a people's supervisors candidate upon public announcement, or where objections are not sustained upon review, the judicial-administrative organs are to make a decision on serving as a people's supervisor, issue credentials, and announce this to the public.

Article 13: The judicial-administrative organs shall establish a people's supervisors database, and bring about information sharing with the people's procuratorate.

The judicial-administrative organs and people's procuratorates shall make public people's supervisors' names and contact information,as unimpedimented channels for the public to reflect situations to the people's supervisors.

Article 14: Where cases being handled by people's procuratorates require people's supervisors to conduct a supervisory assessment, the people's procuratorate shall inform the judicial-administrative organs of the necessary numbers of people, assessment time, location, and subject matter within 3 working days of launching the supervisory assessment.

Article 15: The judicial-administrative organs randomly select people's supervisors from the people's supervisor database, contact them to confirm participation in the supervisory appraisal, and report this to the people's procuratorate.

Article 16: Where people's supervisors are the close relatives of parties in the case, stakeholders in the case, or have served as a litigation participant in the supervised case, they shall recuse themselves.

Where the people's procuratorates discover that people's supervisors have circumstances requiring recusal, they shall immediately notify the judicial-administrative organs to decide on the people's supervisors' recusal, or request that the people's supervisor recuse themselves.

Article 17: Judicial-administrative organs, together with the people's procuratorates, organize and carry out training for first-time people's supervisors and special operations trainings.

People's supervisors shall participate in trainings as required.

Article 18: Judicial-administrative organs shall establish record books of people's supervisors' performance of their duties, conducting annual and term performance evaluations. The evaluation conclusions are to be an important basis for people's supervisors' commendations and awards, being stripped of credentials, or continued service.

People's procuratorates shall periodically report to the judicial-administrative organs on people's supervisors' participation in supervisory assessments and other performance circumstances.

Article 19: Where people's supervisors have any of the following circumstances, the judicial-administrative organ that decided on their selection shall strip them of their credentials as people's supervisors;

Article 20: Where people's supervisors have any of the following circumstances, the judicial-administrative organ that decided on their selection shall strip them of their credentials as people's supervisors;

(1) Where they have forfeited citizenship of the People's Republic of China;

(2) Where they have broken the law or committed a crime;

(3) Where they have lost capacity for conduct;

(4) Where they have been false or misleading in selection, or provided untrue materials;

(5) Where annual performance evaluations do not meet requirements;

(6) Where they violate paragraph 2 of article 7 of these Measures.

Article 21: Where people's supervisors are unable to serve as as people's supervisors due to changes in their work, or cannot regularly perform their duties for physical health reasons, or where other major matters impacting the performance of their duties manifest, they shall promptly quit serving as a people's supervisor with the judicial-administrative organ that selected them.

Article 22: The judicial-administrative organs shall promptly send the results of performance evaluations or written decisions to strip one of credentials, to the people's supervisors themselves and their work unit and recommending units, and notify the people's procuratorate.

Article 23: The judicial-administrative organs shall send expenses related to people's supervisors selections, management, and performance of duties to be included in the government expenses budget for that level, and strictly manage expenses.

Expenses such as for transportation and food incurred by people's supervisors as a result of their participation in supervisory appraisals are to be compensated by the judicial-administrative organs in accordance with provisions.

Article 24: "Districted Cities" as used in these Measures includes regions, autonomous prefectures, banners, and basic level cities that have not established districts.

Article 25: These measures take effect beginning on the date of their promulgation.

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