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中华人民共和国检察官法
发布时间:2011-8-31 11:35:00||  点击:1717次||  文章分类:翻译案例||  发布人:翻译家(Fanyijia.com)


中华人民共和国检察官法

Public Procurators Law of the People's Republic of China

第一章总则

CHAPTER I GENERAL PROVISIONS

第二章职责

CHAPTER II FUNCTIONS AND DUTIES

第三章义务和权利

CHAPTER III OBLIGATIONS AND RIGHTS

第四章检察官的条件

CHAPTER IV QUALIFICATIONS FOR A PUBLIC PROCURATOR

第五章任免

CHAPTER V APPOINTMENT AND REMOVAL

第六章任职回避

CHAPTER VI POSTS TO BE AVOIDED

第七章检察官的等级

CHAPTER VII GRADES OF PUBLIC PROCURATORS

第八章考核

CHAPTER VIII APPRAISAL

第九章培训

CHAPTER IX TRAINING

第十章奖励

CHAPTER X AWARDS

第十一章惩戒

CHAPTER XI PUNISHMENT

第十二章工资保险福利

CHAPTER XII SALARY, INSURANCE AND WELFARE

第十三章辞职辞退

CHAPTER XIII RESIGNATION AND DISMISSAL

第十四章退休

CHAPTER XIV RETIREMENT

第十五章申诉控告

CHAPTER XV PETITION AND COMPLAINT

第十六章检察官考评委员会

CHAPTER XVI COMMISSION FOR EXAMINATION AND ASSESSMENT OF PUBLIC PROCURATORS

第十七章附则

CHAPTER XVII SUPPLEMENTARY PROVISIONS

第一条为了保障人民检察院实施法律监督,依法独立行使检察权,保障检察官依法履行职责,提高检察官的素质,实现对检察官的科学管理,根据宪法,制定本法。

Article 1 This Law is enacted in accordance with the Constitution to ensure that the People's Procuratorates exercise legal supervision and independently exercise procuratorial authority according to law and that public procurators perform their functions and duties according to law, to enhance the quality of public procurators, and to realize the scientific administration of public procurators.

第二条检察官是依法行使国家检察权的检察人员,包括最高人民检察院、地方各级人民检察院和军事检察院等专门人民检察院的检察长、副检察长、检察委员会委员、检察员和助理检察员。

Article 2 Public procurators are the procuratorial personnel who exercise the procuratorial authority of the State according to law, including chief procurators, deputy chief procurators (the Procurator- General, Deputy Procurators-General of the Supreme People's Procuratorate), members of procuratorial committees, procurators and assistant procurators of the Supreme People's Procuratorate, local people's procuratorates at various levels and special people's procuratorates such as military procuratorates.

第三条检察官必须忠实执行宪法和法律,全心全意为人民服务。

Article 3 Public procurators must faithfully implement the Constitution and laws, and serve the people whole-heartedly.

第四条检查官依法履行职责,受法律保护。

Article 4 Public procurators, when performing their functions and duties according to law, shall be protected by law.

第五条最高人民检察院领导地方各级人民检察院和专门人民检察院的工作,上级人民检察院领导下级人民检察院的工作。

Article 5 The Supreme People's Procuratorate shall exercise leadership over the work of the local People's Procuratorates at various levels and of the special People's Procuratorates. The People's Procuratorates at higher levels shall exercise leadership over the work of the People's Procuratorates at lower levels.

第六条检察官的职责:

Article 6 The functions and duties of public procurators are as follows:

(一)依法进行法律监督工作;

(1) to supervise the enforcement of laws according to law;

(二)代表国家进行公诉;

(2) to make public prosecution on behalf of the State;

(三)对法律规定由人民检察院直接受理的犯罪案件进行侦查;

(3) to investigate criminal cases directly accepted by the People's Procuratorates as provided by law; and

(四)法律规定的其他职责。

(4) other functions and duties as provided by law.

第七条检察长、副检察长、检察委员会委员除履行检察职责外,还应当履行与其职务相适应的职责。

Article 7 Chief procurators, deputy chief procurators and members of procuratorial committees shall, in addition to the procuratorial functions and duties, perform other functions and duties commensurate with their posts.

第三章义务和权利

CHAPTER III OBLIGATIONS AND RIGHTS

第八条检察官应当履行下列义务:

Article 8 Public procurators shall perform the following obligations:

(一)严格遵守宪法和法律;

(1) to strictly observe the Constitution and law;

(二)履行职责必须以事实为根据,以法律为准绳,秉公执法,不得徇私枉法;

(2) to take facts as the basis and law as the criterion, to enforce laws impartially and not to bend law for personal gain when exercising their functions and duties;

(三)维护国家利益、公共利益,维护公民、法人和其他组织的合法权益;

(3) to safeguard the State interests and public interests, and to safeguard the lawful rights and interests of citizens, legal persons and other organizations;

(四)清正廉明,忠于职守,遵守纪律;

(4) to be honest and clean, faithful in the discharge of their duties, and to abide by discipline;

(五)保守国家秘密和检察工作秘密;

(5) to keep State secrets and the secrets of procuratorial work; and

(六)接受法律监督和人民群众监督。

(6) to accept legal supervision and supervision by the masses.

第九条检察官享有下列权利:

Article 9 Public procurators shall enjoy the following rights:

(一)履行检察官职责应当具有的职权和工作条件;

(1) to have the power and working conditions which are essential to the performance of functions and duties of public procurators;

(二)依法履行检察职责不受行政机关、社会团体和个人的干涉;

(2) to brook no interference from administrative organs, public organizations or individuals in performing procuratorial functions and duties according to law;

(三)非因法定事由、非经法定程序,不被免职、降职、辞退或者处分;

(3) to be not removed from the post or demoted or dismissed, and to be not given a sanction, without statutory basis and without going through statutory procedures;

(四)获得劳动报酬,享受保险、福利待遇;

(4) to be remunerated for work, to enjoy insurance and welfare benefits;

(五)人身、财产和住所安全受法律保护;

(5) to enjoy safety of the person, property and residence as ensured by law;

(六)参加培训;

(6) to receive training;

(七)提出申诉或者控告;

(7) to lodge petitions or complaints; and

(八)辞职。

(8) to resign their posts.

第四章检察官的条件

CHAPTER IV QUALIFICATIONS FOR A PUBLIC PROCURATOR

第十条担任检察官必须具备下列条件:

Article 10 A public procurator must possess the following qualifications:

(一)具有中华人民共和国国籍;

(1) to be of the nationality of the People's Republic of China;

(二)年满二十三岁;

(2) to have reached the age of 23;

(三)拥护中华人民共和国宪法;

(3) to endorse the Constitution of the People's Republic of China;

(四)有良好的政治、业务素质和良好的品行;

(4) to have fine political and professional quality and to be good in conduct;

(五)身体健康;

(5) to be in good health; and

(六)高等院校法律专业毕业或者高等院校非法律专业毕业具有法律专业知识,工作满二年的;或者获得法律专业学士学位,工作满一年的;获得法律专业硕士学位、法律专业博士学位的,可以不受上述工作年限的限制。

(6) to have worked for at least two years in the cases of graduates from law specialties of colleges or universities or from non-law specialties of colleges or universities but possessing the professional knowledge of law; or to have worked for at least one year in the case of Bachelors of Law; those who have Master's Degree of Law or Doctor's Degree of Law may be not subject to the above-mentioned requirements for the number of years set for work.

本法施行前的检察人员不具备前款第(六)项规定的条件的,应当接受培训,在规定的期限内达到本法规定的条件,具体办法由最高人民检察院制定。

The public procurators who do not possess the qualifications as provided by sub-paragraph (6) of the preceding paragraph prior to the implementation of this Law shall receive training so as to meet the qualifications as provided by this Law within a prescribed time limit. The specific measures shall be laid down by the Supreme People's Procuratorate.

第十一条下列人员不得担任检察官:

Article 11 The following persons shall not hold the post of a public procurator:

(一)曾因犯罪受过刑事处罚的;

(1) to have been subjected to criminal punishment for commission of a crime; or

(二)曾被开除公职的。

(2) to have been discharged from public employment.

第五章任免

CHAPTER V APPOINTMENT AND REMOVAL

第十二条检察官职务的任免,依照宪法和法律规定的任免权限和程序办理。

Article 12 A public procurator shall be appointed or removed from the post in accordance with the limit of authority for, and procedures of, appointment or removal as prescribed by the Constitution and laws.

最高人民检察院检察长由全国人民代表大会选举和罢免,副检察长、检察委员会委员和检察员由最高人民检察院检察长提请全国人民代表大会常务委员会任免。

The Procurator-General of the Supreme People's Procuratorate shall be elected or removed by the National People's Congress. The Deputy Procurators-General, members of the procuratorial committee and the procurators shall be appointed or removed by the Standing Committee of the National People's Congress upon the recommendation of the Procurator-General of the Supreme People's Procuratorate.

地方各级人民检察院检察长由地方各级人民代表大会选举和罢免,副检察长、检察委员会委员和检察员由本院检察长提请本级人民代表大会常务委员会任免。

The chief procurators of the local People's Procuratorates at various levels shall be elected or removed by the local people's congresses at the corresponding levels. The deputy chief procurators, members of the procuratorial committees and procurators shall be appointed or removed by the standing committees of the people's congresses at the corresponding levels upon the recommendation of the chief procurators of those procuratorates.

地方各级人民检察院检察长的任免,须报上一级人民检察院检察长提请该级人民代表大会常务委员会批准。

The appointment or removal of the chief procurators of the local People's Procuratorates at the various levels must be reported to the chief procurators of the People's Procuratorates at the next higher level, who shall submit the matter to the standing committee of the people's congress at that level for approval.

在省、自治区内按地区设立的和在直辖市内设立的人民检察院分院检察长、副检察长、检察委员会委员和检察员由省、自治区、直辖市人民检察院检察长提请本级人民代表大会常务委员会任免。

The chief procurators, deputy chief procurators, members of the procuratorial committees and procurators of the branches of the People's Procuratorates set up in prefectures in the provinces or autonomous regions or set up in the municipalities directly under the Central Government shall be appointed or removed by the standing committees of the people's congresses at the corresponding levels upon the recommendation of the chief procurators of the People's Procuratorates of the provinces, autonomous regions or municipalities directly under the Central Government.

人民检察院的助理检察员由本院检察长任免。

The assistant procurators of the People's Procuratorates shall be appointed or removed by the chief procurators of the procuratorates where they work.

军事检察院等专门人民检察院检察长、副检察长、检察委员会委员和检察员的任免办法,由全国人民代表大会常务委员会另行规定。

The measures for the appointment or removal of the chief procurators, deputy chief procurators, members of the procuratorial committees and procurators of such special People's Procuratorates as the military procuratorates shall be formulated by the Standing Committee of the National People's Congress separately.

第十三条初任检察员、助理检察员采用公开考试、严格考核的办法,按照德才兼备的标准,从具备检察官条件的人员中择优提出人选。

Article 13 Persons to be appointed procurators or assistant procurators for the first time shall be selected through public examination and strict appraisal, from among the best qualified for the post, and in accordance with the standards of having both ability and political integrity.

担任检察长、副检察长、检察委员会委员,应当从具有实际工作经验的人员中择优提出人选。

Persons to be appointed chief procurators, deputy chief procurators or members of procuratorial committees shall be selected from among those who are experienced in practical work.

第十四条检察官有下列情形之一的,应当依法提请免除其职务:

Article 14 If a public procurator is found to be in any of the following circumstances, a report shall be submitted according to law concerning the removal of his or her post:

(一)丧失中华人民共和国国籍的;

(1) having forfeited the nationality of the People's Republic of China;

(二)调出本检察院的;

(2) having been transferred out of this procuratorate;

(三)职务变动不需要保留原职务的;

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

(四)经考核确定为不称职的;

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

(五)因健康原因长期不能履行职务的;

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

(六)退休的;

(6) having retired from the post;

(七)辞职、辞退的;

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

(八)因违纪、违法犯罪不能继续任职的;

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

(九)因其他原因需要免职的。

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

第十五条对于不具备本法规定条件或者违反法定程序被选举为人民检察院检察长的,上一级人民检察院检察长有权提请该级人民代表大会常务委员会不批准。

Article 15 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.

第十六条最高人民检察院和省、自治区、直辖市人民检察院检察长可以建议本级人民代表大会常务委员会撤换下级人民检察院检察长、副检察长和检察委员会委员。

Article 16 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.

第十七条检察官不得兼任人民代表大会常务委员会的组成人员,不得兼任行政机关、审判机关以及企业、事业单位的职务,不得兼任律师。

Article 17 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.

第十八条检察官之间有夫妻关系、直系血亲关系、三代以内旁系血亲以及近姻亲关系的,不得同时担任下列职务:

Article 18 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, hold the following posts:

(一)同一人民检察院的检察长、副检察长、检察委员会委员;

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

(二)同一人民检察院的检察长、副检察长和检察员、助理检察员;

(2) the chief procurator, deputy chief procurators, procurators or assistant procurators in the same People's Procuratorate;

(三)同一业务厅的检察员、助理检察员;

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

(四)上下相邻两级人民检察院的检察长、副检察长。

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

第七章检察官的等级

CHAPTER VII GRADES OF PUBLIC PROCURATORS

第十九条检察官的级别分为十二级。

Article 19 Public procurators are divided into twelve grades.

最高人民检察院检察长为首席大检察官,二至十二级检察官分为大检察官、高级检察官、检察官。

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.

第二十条检察官的等级的确定,以检察官所任职务、德才表现、业务水平、检察工作实绩和工作年限为依据。

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.

第二十一条检察官的等级编制、评定和晋升办法,由国家另行规定。

Article 21 The grades of public procurators shall be established and the measures for their evaluation and promotion shall be formulated separately by the State.

第二十二条对检察官的考核,由的在人民检察院组织实施。

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

第二十三条对检察官的考核,应当客观公正,实行领导和群众相结合,平时考核和年度考核相结合。

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.

第二十四条对检察官的考核内容包括:检察工作实绩,思想品德,检察业务和法学理论水平,工作态度和工作作风。重点考核检察工作实绩。

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.

第二十五条年度考核结果分为优秀、称职、不称职三个等次。

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

考核结果作为对检察官奖惩、培训、辞退以及调整等级和工资的依据。

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.

第二十六条考核结果以书面形式通知本人。本人对考核结果如有异议,可以申请复议。

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.

第二十七条对检察官应当有计划地进行理论培训和业务培训。

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

检察官的培训,贯彻理论联系实际、按需施教、讲求实效的原则。

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.

第二十八条国家检察官院校和其他检察官培训机构按照有关规定承担培训检察官的任务。

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.

第二十九条检察官在培训期间的学习成绩和鉴定,作为其任职、晋升的依据之一。

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.

第三十条检察官在检察工作中有显著成绩和贡献的,或者有其他突出事迹的,应当给予奖励。

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

对检察官的奖励,实行精神鼓励和物质鼓励相结合的原则。

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

第三十一条检察官有下列表现之一的,应当给予奖励:

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

(一)在检察工作中秉公执法,成绩显著的;

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

(二)提出检察建议或者对检察工作提出改革建议被采纳,效果显著的;

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

(三)保护国家、集体和人民利益,使其免受重大损失,事迹突出的;

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

(四)勇于同违法犯罪行为作斗争,事迹突出的;

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

(五)保护国家秘密和检察工作秘密,有显著成绩的;

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

(六)有其他功绩的。

(6) having performed other meritorious deeds.

第三十二条奖励分为:嘉奖,记三等功、二等功、一等功,授予荣誉称号。

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

奖励的权限和程序按照有关规定办理。

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

第三十三条检察官不得有下列行为:

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

(一)散布有损国家声誉的言论,参加非法组织,参加旨在反对国家的集会、游行、示威等活动,参加罢工;

(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;

(二)贪污受贿;

(2) to embezzle money or receive bribes;

(三)徇私枉法;

(3) to bend law for personal gain;

(四)刑讯逼供;

(4) to extort confessions by torture;

(五)隐瞒证据或者伪造证据;

(5) to conceal or falsify evidence;

(六)泄露国家秘密或者检察工作秘密;

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

(七)滥用职权,侵犯公民、法人或者其他组织的合法权益;

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

(八)玩忽职守,造成错案或者给当事人造成严重损失;

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

(九)故意拖延办案,贻误工作;

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

(十)利用职权为自己或者他人谋取私利;

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

(十一)从事营利性的经营活动;

(11) to engage in profit-making activities;

(十二)私自会见当事人及其代理人,接受当事人及其代理人的请客送礼;

(12) 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

(十三)其他违法乱纪的行为。

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

第三十四条检察官有本法第三十三条所列行为之一的,应当给予处分;构成犯罪的,依法追究刑事责任。

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.

第三十五条处分分为:警告、记过、记大过、降级、撤职、开除。

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.

受撤职处分的,同时降低工资和等级。

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.

第三十六条处分的权限和程序按照有关规定办理。

Article 36 A sanction shall be authorized and procedures gone through in accordance with the relevant regulations.

第十二章工资保险福利

CHAPTER XII SALARY, INSURANCE AND WELFARE

第三十七条检察官的工资制度和工资标准,根据检察工作特点,由国家规定。

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

第三十八条检察官实行定期增资制度。经考核确定为优秀、称职的,可以按照规定晋升工资;有特殊贡献的,可以按照规定提前晋升工资。

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.

第三十九条检察官享受国家规定的检察津贴、地区津贴、其他津贴以及保险和福利待遇。

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

第十三章辞职辞退

CHAPTER XIII RESIGNATION AND DISMISSAL

第四十条检察官要求辞职,应当由本人提出书面申请,依照法律规定的程序免除其职务。

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.

第四十一条检察官有下列情形之一的,可以予以辞退:

Article 41 A public procurator may be dismissed if he or she is found to be in any of the following circumstances:

(一)在年度考核中,连续两年确定为不称职的;

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

(二)不胜任现职工作,又不接受另行安排的;

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

(三)因检察机构调整或者缩减编制员额需要调整工作,本人拒绝合理安排的;

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

(四)旷工或者无正当理由逾假不归连续超过十五天,或者一年内累计超过三十天的;

(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

(五)不履行检察官义务,经教育仍不改正的。

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

第四十二条辞退检察官应当依照法律规定的程序免除其职务。

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

第四十三条检察官的退休制度,根据检察工作特点,由国家另行规定。

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

第四十四条检察官退休后,享受国家规定的养老保险金和其他待遇。

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

第十五章申诉控告

CHAPTER XV PETITION AND COMPLAINT

第四十五条检察官对人民检察院关于本人的处分不服,自收到处分决定之日起三十日内可以向原处理机关申请复议,并有权向原处理机关的上级机关申诉。

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.

受理申诉的机关必须按照规定作出处理。

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

复议和申诉期间,不停止对检察官处分决定的执行。

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

第四十六条对于国家机关及其工作人员侵犯本法第九条规定的检察官权利的行为,检察官有权提出控告。

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.

行政机关、社会团体或者个人干涉检察官依法履行检察职责的,应当依法追究其责任。

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.

第四十七条检察官提出申诉和控告,应当实事求是。对捏造事实、诬告陷害的,应当依法追究其责任。

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.

第四十八条对检察官处分错误的,应当及时予以纠正;造成名誉损害的,应当恢复名誉、消除影响、赔礼道歉;造成经济损失的,应当赔偿。对打击报复的直接责任人员,应当依法追究其责任。

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.

第十六章检察官考评委员会

CHAPTER XVI COMMISSION FOR EXAMINATION AND ASSESSMENT OF PUBLIC

第四十九条人民检察院设检察官考评委员会。

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

检察官考评委员会的职责是指导对检察官的培训、考核、评议工作。具体办法另行规定。

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.

最高人民检察院检察官考评委员会依照本法第十三条的规定,组织初任检察员、助理检察员的全国统一考试。

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.

第五十条检察官考评委员会的组成人员为五至九人。

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

检察官考评委员会主任由本院检察长担任。

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.

第十七章附则

CHAPTER XVII SUPPLEMENTARY PROVISIONS

第五十一条人民检察院的书记员的管理办法,由最高人民检察院制定。

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

对人民检察院的司法行政人员,依照国家有关规定进行管理。

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

第五十二条本法自1995年7月1日起施行。

Article 52 This Law shall come into force as of July 1, 1995.




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