Chinese Communist Administrative Measures for the Selection and Appointment of People's Supervisors Sifa [2021] No. 7

 Issuing authority: Supreme People's Procuratorate Ministry of Justice

Text number: [2021] No. 7 of the Ministry of Justice Source: Department of Justice website

Topic classification: Public Security, Security, Justice Types of documents: Notice

Date of writing: December 29, 2021 release date: 2022

[Font: large, medium and small ]

Notice of the Ministry of Justice & the Supreme People's Procuratorate on Printing and Distributing the "Administrative Measures for the Selection and Appointment of People's Supervisors"

Sifa [2021] No. 7

The people's procuratorates and judicial departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Procuratorate of the People's Liberation Army, and the People's Procuratorate and Justice Bureau of the Xinjiang Production and Construction Corps:

In order to further deepen the reform of the people's supervisor system and standardize the selection and management of people's supervisors, the Supreme People's Procuratorate and the Ministry of Justice have revised the "Administrative Measures for the Selection and Appointment of People's Supervisors", which are hereby issued to you, please implement them according to the actual situation.

Please report to the Supreme People's Procuratorate and the Ministry of Justice in a timely manner any important situations and problems encountered in the implementation of these measures.

Supreme People's Procuratorate Ministry of Justice

December 29, 2021

Measures for the Administration of the Selection and Appointment of People's Supervisors

Article 1 In order to regulate the selection and management of people's supervisors, improve the system of people's supervisors, and improve the external supervision and restriction mechanism for the exercise of procuratorial power, these Measures are formulated in accordance with the Organization Law of the People's Procuratorate of the People's Republic of China and relevant regulations.

Article 2 The selection and management of people's supervisors shall adhere to the principles of democracy, openness and justice, scientific and efficient in accordance with the law, build a team of people's supervisors with high political quality, broad representation and a solid mass foundation, guarantee and promote people's supervision The supervisors exercise the supervisory power and give full play to the supervisory role of the people's supervisors.

Article 3 The judicial administrative organs are responsible for the selection and appointment of people's supervisors, as well as their training, assessment, rewards and punishments, and the people's procuratorate shall cooperate and assist.

Judicial administrative organs and people's procuratorates shall establish work coordination mechanisms, provide corresponding services for people's supervisors to perform their duties, ensure that the selection, management, and use of people's supervisors are connected, and ensure that people's supervisors fully perform their duties in accordance with the law.

Article 4 People's supervisors shall be selected, appointed and managed by judicial administrative organs at the provincial and districted city levels. The judicial administrative organ at the county level shall, in accordance with the requirements of the judicial administrative organ at a higher level, assist in the selection and management of people's supervisors within their respective administrative regions.

Judicial administrative organs shall arrange special work agencies, select full-time staff, improve systems and mechanisms, and ensure the smooth development of the selection and management of people's supervisors.

Article 5 The people's supervisors are divided into the people's supervisors of the people's procuratorates at the provincial level and the people's supervisors of the people's procuratorates at the city level divided into districts.

The people's supervisors of the provincial-level people's procuratorate supervise the case-handling activities of the people's procuratorates at the same level and their branches and dispatched offices. Among them, the people's supervisors of the municipal people's procuratorate supervise the case-handling activities of the municipal people's procuratorates at all levels.

The people's supervisors of the people's procuratorate of the city divided into districts supervise the case-handling activities of the people's procuratorate at the same level and at the lower level.

Article 6 People's supervisors shall be elected for a term of five years, and shall serve as people's supervisors for no more than two consecutive terms.

People's supervisors may not concurrently serve as people's supervisors of two or more people's procuratorates.

Article 7 People's supervisors shall be protected by law in exercising their supervisory powers in accordance with the law.

People's supervisors shall strictly abide by laws, regulations and relevant disciplinary provisions, and supervise case-handling activities independently and impartially in accordance with the prescribed powers and procedures. The following situations shall not be present:

(1) Obstructing the normal conduct of case-handling activities;

(2) Disclosing state secrets, business secrets, personal privacy and information of minors involved in case-handling activities;

(3) Disclosing other information on case-handling activities that should not be disclosed in accordance with laws, regulations and relevant provisions.

Article 8 Chinese citizens over the age of 23 who uphold the Constitution of the People's Republic of China, are of good character, fairness and integrity, and are in good health may serve as people's supervisors. People's supervisors shall have a high school education or above.

Article 9 The following persons shall not participate in the election of people's supervisors:

(1) Members of the standing committee of the people's congress, on-the-job staff of supervisory organs, people's courts, people's procuratorates, public security organs, state security organs, and judicial administrative organs;

(2) People's assessors;

(3) Other personnel who are unsuitable to participate in the election of people's supervisors due to work reasons.

Article 10 Anyone who falls under any of the following circumstances shall not serve as a people's supervisor:

(1) Those who have received criminal punishment;

(2) being dismissed from public office;

(3) The lawyer or notary's practice certificate has been revoked, or his name has been removed from the arbitration committee;

(4) Being included in the list of dishonest persons subject to execution;

(5) being removed from the duties of a people's assessor due to punishment;

(6) There are other serious violations of laws and disciplines that may affect judicial justice.

Those who have been exempted from the qualifications of people's supervisors due to violations of laws and regulations in the process of selection and performance of their duties, as well as failing to pass the annual assessment, shall not serve as people's supervisors again.

Article 11 The judicial administrative organ shall, in conjunction with the people's procuratorate, reasonably determine the number and distribution of people's supervisors based on the needs of supervision and case-handling activities and factors such as the population, region, and ethnicity within their jurisdiction. The number of people's supervisors in each county (city, district) Not less than three.

Article 12 The judicial administrative organ shall issue an announcement on the selection and appointment of people's supervisors, specifying the number, conditions, procedures, application and recommendation period and method, etc., and the announcement period shall not be less than 20 working days.

Article 13 Candidates for people's supervisors are selected in the following ways:

(1) Individual application;

(2) Recommendations from units and organizations.

Support trade unions, Communist Youth League, Women's Federation and other people's organizations and other social organizations to recommend qualified personnel to become candidates for people's supervisors.

Article 14: Judicial and administrative organs shall take various forms such as on-the-spot visits to the units and communities where candidates work, listening to the opinions of representatives of the masses and grassroots organizations, and organizing interviews, etc., to investigate and determine the proposed candidates for people's supervisors.

Determining the people's supervisors to be appointed candidates should fully reflect the breadth and representation.

People's supervisors who are to be appointed as civil servants or those who are staff members of public institutions generally do not exceed 50% of the quota.

Article 15 The judicial administrative organ shall publicize the list of the people's supervisors to be appointed to the public, and the publicity time shall not be less than five working days.

Article 16 If there is no objection to the proposed candidates for the people's supervisor after the public announcement or the objection is unfounded after examination, the judicial administrative organ shall make a decision on the selection and appointment of the people's supervisor, issue a certificate, notify the unit, recommending unit or organization of the people's supervisor, and notify the society to the public. announced.

Article 17 According to the needs of supervision and case-handling activities, people's supervisors may be added or by-election.

Co-election and by-election of people's supervisors shall be carried out in accordance with the selection and appointment procedures of these Measures.

The term of office of the people's supervisors for co-election and by-election shall be consistent with the current term.

Article 18: Judicial administrative organs shall establish a people's supervisor information database to share information with the people's procuratorate.

Judicial administrative organs and people's procuratorates shall disclose the names and contact information of the people's supervisors, and smooth the channels for the masses to report the situation to the people's supervisors.

Article 19 Where the people's procuratorate's case-handling activities require the supervision of a people's supervisor, the people's procuratorate shall notify the judicial administrative organ of the required number, time, location, and other relevant matters five working days before carrying out the supervision activities.

In special cases, with the consent of the judicial administrative organ, the people's procuratorate may notify the judicial administrative organ of the relevant matters three working days before the supervision activities are carried out.

Article 20 : The judicial administrative organ randomly selects from the information database of the people's supervisors, liaises with the people's supervisors who will participate in the supervision activities, and informs the people's procuratorate.

According to the needs of case-handling activities, people's supervisors with specific professional backgrounds can be randomly selected.

Provincial-level people's procuratorates and their branches and dispatched offices organize supervision and case-handling activities, and provincial-level judicial administrative organs select people's supervisors.

The people's procuratorates at the city level divided into districts and the people's procuratorates at the grass-roots level shall organize supervision and case handling activities, and the judicial administrative organs at the city level divided into districts shall select people's supervisors.

People's procuratorates at all levels of municipalities directly under the Central Government organize supervision and case-handling activities, and the judicial administrative organs of the municipality directly select people's supervisors. Among them, the people's procuratorate at the municipality level organizes supervision and case handling activities, and the people's supervisors may also be selected by the judicial administrative organ at the municipality level.

The Supreme People's Procuratorate organizes supervision and case-handling activities, and consults the Ministry of Justice to select people's supervisors from provincial-level people's procuratorates.

Article 21 : People's supervisors who are close relatives of the parties involved in the supervision of case-handling activities, who have an interest in the case or who have served as a participant in the litigation of the case, or who have other circumstances that may affect judicial justice, shall withdraw on their own.

When the people's procuratorate finds that the people's supervisor needs to be recused, or if the parties to the case apply to the people's procuratorate for recusal and the conditions for recusal are met, they shall promptly notify the judicial administrative organ to decide on the recusal of the people's supervisor, or request the people's supervisor to recuse themselves.

Article 22 The judicial administrative organ shall establish a ledger of people's supervisors performing their duties.

The people's procuratorate shall notify the judicial administrative organ of the performance of duties within three working days after the people's supervisors participate in the supervision and case handling activities.

The people's procuratorate shall promptly notify the people's supervisor of the adoption of the people's supervisor's supervision opinions.

Article 23 The judicial administrative organs, in conjunction with the people's procuratorate, organize training for the initial appointment and tenure of the people's supervisors.

People's supervisors shall participate in training as required.

Article 24 The judicial administrative organ shall conduct annual assessment and term assessment of the people's supervisors. The assessment results serve as an important basis for commending and rewarding people's supervisors, exempting them from qualifications, or renewing their appointments.

Article 25 For people's supervisors who have made outstanding achievements in the performance of their duties, judicial administrative organs shall give commendations and awards in accordance with relevant state regulations.

Article 26 If a people's supervisor falls under any of the following circumstances, the judicial administrative organ that makes the decision on selection and appointment shall exempt him from the qualification of people's supervisor:

(1) applying for resignation as a people's supervisor;

(2) Losing the nationality of the People's Republic of China;

(3) incapacitated;

(4) cheating and providing false materials in the selection and appointment;

(5) failing to pass the annual assessment;

(6) There are circumstances listed in the second paragraph of Article 7 and the first paragraph of Article 10 of these Measures.

Article 27 If a people's supervisor cannot serve as a people's supervisor due to job changes, or cannot perform his duties normally due to health reasons, or there are other circumstances that affect the normal performance of his duties, he shall promptly resign from the judicial administrative organ that made the selection and appointment decision. People's Supervisor.

Article 28: Judicial administrative organs shall promptly notify the people's supervisors themselves, their work units, recommending units or organizations of the assessment results, decisions on commendation and rewards, and decisions on exemption from qualifications in writing, and notify the people's procuratorate.

The decision on exemption from qualification shall be announced to the public in a timely manner.

Article 29: Judicial administrative organs and people's procuratorates shall strengthen the informatization construction of the work of people's supervisors to achieve sharing, coordination, convenience and efficiency.

Article 30 : Judicial administrative organs and people's procuratorates shall coordinate with the work units, recommending units or organizations where the people's supervisors work, and provide support and assistance for the people's supervisors to perform their duties.

Article 31 The funds for people's supervisors shall be included in the budget of the government at the same level, and funds shall be strictly managed. The people's procuratorate shall assist the judicial administrative organ to do a good job of reporting budgets, and provide the judicial administrative organ at the same level with a written plan for the next year's supervision and case-handling activities by the people's supervisors.

The transportation, meals, accommodation and other related expenses and labor expenses incurred by the people's supervisors in accordance with the "Regulations on the People's Procuratorate's Case Handling Activities Accepting the Supervision of the People's Supervisors" to perform their duties and participate in training, conferences and other activities shall be subsidized by the judicial administrative organs in accordance with relevant regulations. .

Article 32 The selection and management of people's supervisors of military procuratorates shall be implemented in accordance with relevant regulations.

Article 33 These Measures shall come into force on January 1, 2022.

The "Administrative Measures for the Selection and Appointment of People's Supervisors" issued by the Supreme People's Procuratorate and the Ministry of Justice in 2016 shall be repealed at the same time.