Question 2: What are the people's courts and people's procuratorates? The procuratorate is the legal supervision organ of the country, and it is also the examination and prosecution organ of public prosecution cases.
Its main duties are to examine and approve arrests, investigate self-investigation cases, examine and prosecute, prosecute public prosecution cases and appear in court as the prosecution.
The court is the judicial organ of the state, and its main duty is to exercise judicial power according to law, including trying civil cases, criminal cases and administrative cases.
The relationship between the higher and lower courts is trial supervision, and the relationship between the higher and lower procuratorates is leadership.
The procuratorate has the right to supervise the trial process of the court according to law, and has the right to dispute and protest against the illegal trial of the court.
In criminal prosecution cases, the procuratorate, the court and the public security are in a relationship of division of labor, cooperation and mutual supervision.
Question 3: What organs are the Procuratorate, the Public Security Bureau and the People's Court? Many people mistakenly believe that public security organs are judicial organs. In our legal system, the procuratorate and the court are important parts of the judiciary. For public security organs, their functions still belong to the category of administrative organs! !
Question 4: What organ of the state is the Supreme People's Procuratorate? The answer on the third floor is obviously wrong. The National People's Congress is a legislature, not a judiciary. Please clarify the concepts of legislation and justice first.
Question 5: What state organs are the people's procuratorates in China? The Constitution and the Organic Law of the People's Procuratorate clearly stipulate that the People's Procuratorate of People's Republic of China (PRC) is the state's legal supervision organ. As a legal supervision organ, procuratorial supervision includes three aspects in scope: first, it supervises judicial organs, including public security organs, state security organs, people's courts, prisons, detention centers, reform-through-labor places and reform-through-labor places; The second is to supervise the duty crimes committed by state staff; The third is to supervise citizens' illegal and criminal acts. Its supervision methods are mainly to prosecute criminal cases, support public prosecution in court, correct illegal acts of relevant organs and appeal and protest against cases.
Question 6: What unit does the procuratorate belong to? The nature of the procuratorate belongs to the administrative unit.
Institutions refer to social service organizations organized by state organs or other organizations with the purpose of social welfare and engaged in education, science and technology, culture, health and other activities.
An administrative unit refers to a unit that implements state administration, organizes economic and cultural construction, and maintains social public order, mainly including state power organs, administrative organs, judicial organs, procuratorial organs, other organs and political parties that implement budget management. It is different from administrative organs, and the concept here is mainly finance.
The People's Procuratorate is the national legal supervision organ and judicial organ in People's Republic of China (PRC). People's Republic of China (PRC) has established special people's procuratorates such as the Supreme People's Procuratorate, local people's procuratorates at various levels and military procuratorates. This top-down arrangement embodies the superior-subordinate relationship between the procuratorial organ and the supervised person and its centralized and unified characteristics, which is obviously different from the superior-subordinate relationship between the people's court and the supervised person. In order to maintain the unity of the national legal system, the procuratorial organs must be integrated and have strong centralization and unity.
The people's procuratorate exercises the state procuratorial power and completes the procuratorial task. Exercise procuratorial power over major criminal cases that endanger national security, public security, infringe upon citizens' personal rights and benefit the people; Examining cases investigated by public security organs and deciding whether to arrest, prosecute or exempt from prosecution; Prosecuting and supporting public prosecution in criminal cases; Supervise the legality of the activities of public security organs, people's courts, prisons, detention centers and labor reform institutions.
The people's procuratorates at all levels correspond to the people's courts at all levels and handle cases in accordance with the procedures stipulated in the Criminal Procedure Law. Just as the people's courts independently exercise state judicial power, the people's procuratorates independently exercise procuratorial power according to law, without interference from any administrative organ, social organization or individual. For any citizen, everyone is equal in the application of the law.
Therefore, the nature of the procuratorate belongs to the administrative unit.
Question 7: What organ of the state is the People's Procuratorate?
Question 8: Judicial organs, including procuratorates, courts and public security bureaus, are state organs exercising judicial power. In a narrow sense, it only refers to courts, and in a broad sense, it also includes procuratorial organs.
The courts exercise judicial power, mainly trying civil cases, criminal cases, administrative cases and election cases. Courts include ordinary courts, administrative courts, special courts and military courts. The courts in China include the Supreme People's Court, local people's courts at all levels and special people's courts. The trial level system varies from country to country, including three-level second trial system (such as the former Soviet Union), three-level third trial system (such as France) and four-level third trial system (such as Japan). People's Republic of China (PRC) implements the system of four-level second instance, and implements the principles of independent trial by the court, equality before the law, public trial and the defendant's right to defense. Judges in various countries are produced or appointed by heads of state or justices; Or elected by the legislature, the judges' committee and the voters. Judges in China are generally elected by organs of power at all levels. Most western countries implement life tenure system, full-time system, high salary system and retirement system for judges.
The duty of procuratorial organs is to prosecute criminal cases on behalf of the state, investigate the criminal responsibility of defendants and supervise trial activities. However, some countries do not set up procuratorial organs independently, attaching prosecutors to the court system or under the leadership of judicial administrative organs. Some countries implement the principle of integration for prosecutors, and all prosecutors are under the leadership of the Attorney General. Generally speaking, being a prosecutor has strict qualification requirements, and some countries stipulate that you must be a defense lawyer or judge for several years before you can take up your post. The attorney general of western countries is generally appointed by the cabinet. The appointment of public prosecutors shall be handled in accordance with the provisions of state civil servants and enjoy the same legal protection as judges. The procuratorial organs in China are subordinate to the organs of state power, independent of other state organs and parallel to the courts. Procurators are appointed and removed by state power organs at all levels, and the appointment and removal of procurators are reported to state power organs at higher levels for approval.
The judicial organs in China mainly have the functions of reconnaissance, prosecution, trial and supervision.
The public security bureau is an executive organ as well as an administrative organ.
Question 9: What is the nature of procuratorial organs? People's Republic of China (PRC) People's Procuratorate is the state's legal supervision organ, and the Supreme People's Procuratorate is the highest procuratorial organ. 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. Its main responsibilities are:
(1) Be responsible for and report on the work of the National People's Congress and the NPC Standing Committee, and accept the supervision of the National People's Congress and its Standing Committee.
(2) To submit motions to the National People's Congress and the NPC Standing Committee according to law.
(3) to lead the work of local people's procuratorates at all levels and special people's procuratorates. Determine the procuratorial work policy and deploy procuratorial work tasks.
(four) to investigate criminal cases such as corruption and bribery, infringement of citizens' interests and dereliction of duty that need to be directly accepted according to law. Leading the investigation work of local people's procuratorates at all levels and special people's procuratorates.
(five) to examine and approve the arrest and prosecution of major criminal cases according to law. Leading local people's procuratorates at all levels and special people's procuratorates to examine and approve the arrest and prosecution of criminal cases.
(6) To lead local people's procuratorates at all levels and special people's procuratorates to conduct legal supervision over civil and economic trials and administrative litigation activities.
(seven) the people's courts at all levels have legally effective judgments and orders, there are errors, in accordance with the law to protest to the Supreme People's Court.
(eight) to review the decisions made by local people's procuratorates at all levels and special people's procuratorates in exercising procuratorial power and correct wrong decisions.
(9) Accepting citizens' complaints, appeals and reports.
(10) Accepting reports on crimes such as corruption and bribery, and leading the reporting work of procuratorial organs throughout the country.
(eleven) put forward the opinions of the national procuratorial organ system reform plan, and organize the implementation after the approval of the competent department; Plan and guide the procuratorial technical work and material evidence inspection and appraisal audit work of procuratorial organs throughout the country.
(twelve) the judicial interpretation of the specific application of law in procuratorial work.
(thirteen) to formulate laws, regulations and systems for procuratorial work.
(fourteen) responsible for the ideological and political work and team building of procuratorial organs. Leading local people's procuratorates at all levels and special people's procuratorates to manage the work of prosecutors according to law. Formulate measures for the administration of clerks.
(15) To cooperate with local party committees in managing and assessing the chief procurators and deputy chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government, and to request the NPC Standing Committee to approve or disapprove the appointment or dismissal of the chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government; Submitting the NPC Standing Committee to decide on the appointment and removal of the procurator-general of the special people's procuratorate; It is suggested that the NPC Standing Committee replace the procurator-general, deputy procurator-general and members of the procuratorial committee of the lower people's procuratorate.
(sixteen) to cooperate with the competent authorities to manage the institutional setup and staffing of the people's procuratorate.
(seventeen) to organize and guide the education and training of cadres in the procuratorial system, and to plan and guide the construction of training bases and teachers in the procuratorial system.
(eighteen) planning and guiding the national procuratorial organs to plan financial equipment.
(nineteen) organize procuratorial organs to communicate with foreign countries and carry out relevant international judicial assistance; To examine and approve the investigation of cases involving Hong Kong, Macao and Taiwan.
(twenty) management cadres and leading cadres directly under the institutions; To examine and approve the work plans and development plans of institutions directly under the Academy.
(twenty-one) responsible for other matters that should be borne by the Supreme People's Procuratorate.
Question 10: People's Procuratorate is the law of the country. What organ is it? The People's Procuratorate is responsible for the arrest, examination and prosecution of ordinary criminal cases, the investigation, examination and prosecution of corruption and bribery cases, the investigation, examination and prosecution of dereliction of duty and infringement cases of state staff, the protest of civil cases, and the supervision of the implementation of state laws.