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

be dismissed if he or she is found to be in any of the following circumstances：

　　（1） to be confirmed by annual appraisal as being incompetent for two successive years；

　　（2） to be unqualified for the present post and decline to accept other assignments；

　　（3） to refuse to accept reasonable transfer， which is necessitated by restructuring of the procuratorial organ or reduction

of the size of the staff

　　（4） to have stayed away from work without leave or to have overstayed his or her leave without good reason for fifteen days or more in succession or for thirty days or more in a year aggregated； or

　　（5） to fail to perform a public procurator's duty， and make no rectification after criticism.

　　Article 42 A public procurator who is dismissed shall be removed from the post in accordance with the procedures as provided by law. Chapter ⅩⅣ Retirement

　　Article 43 The retirement system regarding public procurators shall， in light of the characteristics of procuratorial work， be formulated separately by the State.

　　Article 44 After retirement public procurators shall enjoy the insurance of old age pension and other benefits as prescribed by the State. Chapter ⅩⅤ Petition and Complaint

　　Article 45 If a public procurator disagrees with the sanction given to him or her by a People's Procuratorate， he or she may， within thirty days from the date of receiving the decision on the sanction， apply for reconsideration to the organ which handled the case and shall have the right to appeal to the organ at a level higher than the organ which handled the case.

　　The organ that receives the appeal must make a decision on it in accordance with regulations.

　　Execution of a decision on a sanction given to a public procurator shall not be suspended during the period of reconsideration or petition.

　　Article 46 If a State organ or any of its functionaries commits an act infringing upon the rights of a public procurator as provided by Article 9 of this Law， the public procurator shall have the right to make a complaint.

　　If an administrative organ， a public organization or an individual interferes in a public procurator's performance of the procuratorial functions and duties according to law， that organ， organization or individual shall be investigated for responsibility according to law.

　　Article 47 The petition or complaint made by a public procurator shall be true to facts. If a public procurator makes up a story or lodges a false accusation against an innocent person， he or she shall be investigated for responsibility according to law.

　　Article 48 Where a sanction given to a public procurator is wrong， it shall be put right without delay； if it has damaged the public procurator's reputation， the reputation shall be rehabilitated， the ill effects shall be eliminated and an apology shall be made， if it has caused financial losses to the public procurator， compensations shall be made. The persons who are directly responsible for retaliation shall be investigated for responsibility according to law. Chapter ⅩⅥ Commission for Examination and Assessment of Public Procurators

　　Article 49 A People's Procuratorate shall establish a commission for examination and assessment of public procurators.

　　The functions and duties of a commission for examination and assessment of public procurators are to guide the training， examination， appraisal and assessment of public procurators. Specific measures therefor shall be formulated separately.

　　The commission for examination and assessment of public procurators of the Supreme People's Procuratorate shall， in accordance with the provisions of Article 13 of this Law， organize unified national examination for procurators and assistant procurators to be appointed as such for the first time.

　　Article 50 The number of persons on a commission for examination and assessment of public procurators shall be five to nine.

　　The chairman of a commission for examination and assessment of public procurators shall be assumed by the chief procurator of the procuratorate it belongs to. Chapter ⅩⅦ Supplementary Provisions

　　Article 51 Measures for the administration of the clerks of the People's Procuratorates shall be formulated by the Supreme People's Procu

ratorate.

　　The administrative judicial personnel of the People's Procuratorates shall be administered in accordance with the relevant regulations of the State.

　　Article 52 This Law shall come into force as of July 1， l995

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