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the origin of the procuratorial committee system

——organizational regulations of procuratorial committees at all levels

(collected in shandong provincial archives)

(photo courtesy: shandong provincial archives)

this is the "regulations on the organization of procuratorial committees at all levels" (hereinafter referred to as the "regulations") passed by the shandong provincial provisional senate on april 23, 1941, and is kept in the shandong provincial archives.

article 11 of the outline for improving judicial work in shandong province stipulates: "in order to promote the procuratorial system and implement the spirit of legal protection of human rights, judicial organs at all levels shall set up a number of procurators. in order to facilitate the leadership and strengthening of procuratorial work, procuratorial committees at all levels shall be established to lead, plan and promote procurators at all levels and all procuratorial work." this provides a legal basis for the establishment of procuratorial committees at all levels. the regulations have a total of 12 articles, which provide detailed provisions on the purpose, organizational system, personnel composition, and powers of the procuratorial committees.

article 1 of the regulations stipulates: "in order to strengthen the procuratorial system to protect human rights, ensure the implementation of government orders, and report illegal and dereliction of duty personnel, procuratorial committees at all levels are specially established." article 2 stipulates: "prosecutorial committees at all levels are the organs that plan and improve the procuratorial system and lead the implementation of procuratorial work. they are parallel to administrative committees at all levels and courts at the same level." the members of the procuratorial committees at all levels are elected by the senators at all levels, and one person is nominated as the chairman. the number of members of the procuratorial committees at the provincial, administrative director district, commissioner district and county levels is 7 to 11, 7 to 9, 5 to 7, and 3 to 5 respectively. procuratorial committees at all levels recommend those with legal knowledge or judicial experience as chief prosecutors and prosecutors of the courts at the same level. in terms of powers, procuratorial committees at all levels "design and improve the procuratorial system, inspect and review the accounts of various agencies, groups and public enterprises, inquire into the administrative measures of various agencies and groups, and investigate all other acts that endanger national interests, government laws and people's rights."

the procuratorial committee established during the construction of shandong's anti-japanese democratic regime elected and led prosecutors to perform their duties, and had a parallel relationship with the administrative committee and the court. this was an institutional innovation of the people's procuratorial system.

(source: procuratorate daily·legal news edition author: min shan zhu tingzhen)