Public Procurators Law of the Peoples Republic of China 中华人民共和国检察官法

rocuratorate；

　　（3） having no need to maintain his or her original post after a change of post；

　　（4） being determined to be incompetent in the post through appraisal；

　　（5） being unable to perform the functions and duties of a public procurator for a long period of time due to poor health；

　　（6） having retired from the post；

　　（7） having resigned the post， or having been dismissed；

　　（8） being disqualified from continuing to hold the post because of violation of discipline， law or commission of a crime； or

　　（9） other circumstances that call for removal of the post.

　　Article l5 Where an elected chief procurator of a People's Procuratorate does not possess the qualifications as provided by this Law， or a chief procurator of a People's Procuratorate is elected in violation of the statutory procedures， the chief procurator of a People's Procuratorate at the next higher level shall have the power to apply to the standing committee of the people's congress at that level for disapproval.

　　Article l6 The Procurator-General of the Supreme People's Procuratorate and the chief procurators of the People's Procuratorates of the provinces， autonomous regions or municipalities directly under the Central Government may make proposals to the standing committees of the people's congresses at the corresponding levels to remove or replace a chief procurator， a deputy chief procurator or a member of the procuratorial committee of a People's Procuratorate at lower levels.

　　Article l7 No public procurators may concurrently be members of the standing committees of the people's congresses， or hold posts in administrative organs， judicial organs， enterprises or institutions， or serve as lawyers. Chapter Ⅵ Posts to Be Avoided

　　Article l8 Public procurators who are connected by husband-wife relation-ship， or who are directly related by blood， collaterally related within three generations， or closely related by marriage may not， at the same time，

　　（l） the chief procurator， deputy chief procurators， or members of the procura-torial committee in the same People's Procuratorate；

　　（2） the chief procurato

r， deputy chief procurators， procurators or assistantprocurators in the same People's Procuratorate；

　　（3） the procurators or assistant procurators in the same division； or

　　（4） chief procurators or deputy chief procurators of the People's Procuratorates at the levels next to each other. Chapter VII Grades of Public Procurators

　　Article l9 Public procurators are divided into twelve grades.

　　The Procurator-General of the Supreme People's Procuratorate is Procurator-in-Chief Public procurators from the second grade to the twelfth grade are composed of principal public procurators， senior public procurators and public procurators.

　　Article 20 Grades of public procurators shall be determined on the basis of their posts， their actual working ability and political integrity， their professional competence， their achievements in procuratorial work and their seniority.

　　Article 2l The grades of public procurators shall be established and the measures for their evaluation and promotion shall be formulated separately by the State. Chapter Ⅷ Appraisal

　　Article 22 Appraisal of public procurators shall be conducted by the People's Procuratorates the public Procurators belong to.

　　Article 23 The appraisal of public procurators shall be carried out objectively and impartially， through the combined efforts of the leaders and masses， and routinely and annually.

　　Article 24 The appraisal of public procurators shall include their achieve-ments in procuratorial work， their ideological level and moral characters， their competence in procuratorial work and their mastery of law theories， their attitude in and style of work. However， emphasis shall be laid on achievements in procuratorial work.

　　Article 25 The results of the annual appraisal shall fall into three grades： excellent， competent and incompetent.

　　The result of appraisal shall be taken as the basis for award， punishment， training， dismissal of a public procurator， and for readjustment of his or her grade and salary.

　　Article 26 A public procurator shall be informed of the result of appraisal in written form. If the public procurator disagrees with the result， he or she may apply for reconsideration. Chapter IX Training

　　Article 27 Theoretical and professional training for public procurators shall be carried out in a planned way.

　　The principles of integrating theory with practice， giving lectures in light of the needs and emphasizing practical results shall be applied in the training of public procurators.

　　Article 28 The public procurator colleges and universities of the State， and other institutions for training public procurators shall， in accordance with the relevant regulations， undertake the task of training public procurators.

　　Article 29 The results of the studies of public procurators and the appraisals made during their training shall be taken as one of the bases for their appointment and promotion. Chapter X Awards

　　Article 30 Public procurators who have made significant achievements and contributions in procuratorial work， or performed other outstanding deeds shall be rewarded.

　　The principle of combining moral encouragement with material reward shall be applied in rewarding public procurators.

　　Article 31 Public procurators who have any of the following achievements to their credit shall be rewarded：

　　（l） having achieved notable successes in enforcing laws impartially in procura-torial work；

　　（2） having made proposals for procuratorial work or proposals for the reform of procuratorial work that have been adopted and produced remarkable results；

　　（3） having performed outstanding deeds in safeguarding the interests of the State， the collective and the people against heavy losses；

　　（4）having performed outstanding deeds by bravely fighting against illegal or criminal acts；

　　（5） having scored outstanding achievements in protecting State secrets and secrets of procuratorial work； or

　　（6） having performed other meritorious deeds.

　　Article 32 The awards include； Citation for Meritorious Deeds， Merit Citation Class III， Merit Citation Class II， Merit Citation Class l， and a title of honour.

　　The awards shall be authorized and procedures gone through in accordance with the relevant regulations. Chapter XI Punishment

　　Article 33 No public procurators may commit any of the following acts：

　　（1） to spread statements damaging the prestige of the State； to join illegal organizations； to take part in such activities as assembly， procession and demonstration against the State； and to participate in strikes；

　　（2） to embezzle money or receive bribes；

　　（3） to bend law for personal gain；

　　（4） to extort confessions by torture；

　　（5） to conceal or falsify evidence；

　　（6） to divulge State secrets or secrets of procuratorial work；

　　（7） to abuse functions and powers； and to infringe upon the legitimate rights and interests of citizens， legal persons or other organizations；

　　（8） to neglect his or her duty so as to wrongly judge a case or to cause heavy losses to the party concerned；

　　（9） to intentionally delay the handling of a case so as to affect the work adversely；

　　（l0） to take advantage of the functions and powers to seek gain for himself or herself or other people；

　　（11） to engage in profit-making activities；

　　（l2） to meet the party concerned or his or her agent without authorization and attend dinners or accept presents given by the party concerned or his or her agent； or

　　（l3） to commit other acts in violation of law or discipline.

　　Article 34 A public procurator who has committed any of the acts listed in Article 33 of this Law shall be given sanctions； if the case constitutes a crime， he or she shall be investigated for criminal responsibility.

　　Article 35 The sanctions include： a disciplinary warning， a demerit recorded， a grave demerit recorded， demotion， dismissal from the post and discharge from public employment.

　　The salary of a public procurator who has been dismissed from the post shall at the same time be reduced and his or her grade be demoted.

　　Article 36 A sanction shall be authorized and procedures gone through in accordance with the relevant regulations. Chapter Ⅶ Salary， Insurance and Welfare

　　Article 37 The salary system and scales for public procurators shall， in light of the characteristics of procuratorial work， be formulated by the State.

　　Article 38 The system under which the salaries of public procurators are increased regularly shall be practised. The salary of a public procurator who has been confirmed through appraisal as being excellent or competent may be raised in accordance with regulations； the salary of a public procurator who has made special contributions may be raised in advance in accordance with regulations.

　　Article 39 Public procurators shall enjoy procuratorial allowances， regional allowances and other allowances and insurance and welfare benefits as prescribed by the State. Chapter Ⅷ Resignation and Dismissal

　　Article 40 If a public procurator requests resignation， he or she shall present an application in written form before he or she shall be removed in accordance with the procedures as provided by law.

　　Article 41 A public procurator may

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