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The Supreme People's Procuratorate is the highest state procuratorial organ in People's Republic of China (PRC). Established in 1954. Its main task is to lead local people's procuratorates at all levels and special people's procuratorates to perform their legal supervision functions according to law and ensure the unified and correct implementation of national laws.
The Supreme People's Procuratorate and the State Council belong to the sequence of central state organs. Exercising state procuratorial power over whether all departments, local state organs at all levels, functionaries of state organs and citizens in the State Council abide by the law. The people's procuratorates independently exercise procuratorial power on behalf of the state in accordance with the law and are not subject to interference by administrative organs, social organizations or individuals.
Extended data:
The relationship between public security, courts and procuratorates
1, Public Security Bureau
The public security organ is the investigation organ of the state, responsible for maintaining social security and social order.
In criminal proceedings, it has the power to investigate, detain and execute arrests.
For example, ask criminal suspects, witnesses and victims; To inspect the scene, inspect and search the person and residence of criminal suspects, and search places where criminals and criminal evidence may be hidden; The public security organ may issue a wanted order and take effective measures to arrest the fugitive criminal suspect who should be arrested.
2, the court
judicial authority
The people's court is the judicial organ of the state and exercises judicial power on behalf of the state. In the trial stage of a criminal case, the people's court has the right to decide whether and what punishment to apply to the defendant's behavior.
Article 12 of the Criminal Procedure Law stipulates that no one shall be found guilty without a judgment by the people's court according to law. This provision is based on the principle of presumption of innocence, that is, the defendant is presumed innocent until proven guilty without trial. Therefore, before the court pronounced a sentence, it can only be called "criminal suspect", not "criminal".
3. Procuratorate
Legal supervision organ
The people's procuratorate is the legal supervision organ of the state and exercises procuratorial power on behalf of the state.
In the investigation stage of criminal proceedings, the procuratorate has the right to decide whether to arrest the suspect and whether to prosecute the suspect; Have the right to supervise the legality of the investigation activities of public security organs; In the trial stage of the case, the procuratorate sent personnel to appear in court to support the public prosecution and supervise the legality of the court trial.
Baidu Encyclopedia-the Supreme People's Procuratorate, People's Republic of China