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Decision of the Standing Committee of the National People's Congress on the Revision of the Organic Law of the People's Procuratorates of the People's Republic of china (1983) [Effective]
全国人民代表大会常务委员会关于修改《中华人民共和国人民检察院组织法》的决定(1983) [现行有效]
【法宝引证码】

Order of the President of the People's Republic of China 

(No. 6)

 

全国人民代表大会常务委员会关于修改《中华人民共和国人民检察院组织法》的决定


The Decision of the Standing Committee of the National People's Congress on the Revision of the Organic Law of the People's Procuratorates of the People's Republic of china, as adopted at the Second Session of the Sixth Standing Committee of the National People's Congress of the People's Republic of China on September 2, 1983, is hereby issued for implementation.

 
(一九八三年九月二日第六届全国人民代表大会常务委员会第二次会议通过

President of the People's Republic of China: Li Xiannian

 
第六届全国人民代表大会常务委员会第二次会议决定对《中华人民共和国人民检察院组织法》作如下修改:

September 2, 1983

 

Decision of the Standing Committee of the National People's Congress on the Revision of the Organic Law of the People's Procuratorates of the People's Republic of China

  一、 第二条第一款“中华人民共和国设立最高人民检察院、地方各级人民检察院和专门人民检察院。”修改为:“中华人民共和国设立最高人民检察院、地方各级人民检察院和军事检察院等专门人民检察院。”

(Adopted at the Second Meeting of the Sixth National People's Congress and promulgated for implementation by Order No. 6 of the President of the People's Republic of China on September 2, 1983)
 
删去第四款 “专门人民检察院包括: 军事检察院、铁路运输检察院、水上运输检察院、其他专门检察院。”

The Second Meeting of the Standing Committee of the Sixth National People's Congress decides to make the following revisions on the Organic Law of the People's Procuratorates of the People's Republic of China:
 

  二、 第二十条第一款“最高人民检察院设置刑事、法纪、监所、经济等检察厅,并且可以按照需要,设立其他业务机构。”和第二款“地方各级人民检察院和专门人民检察院可以设置相应的业务机构。”修改为:“最高人民检察院根据需要,设立若干检察厅和其他业务机构。地方各级人民检察院可以分别设立相应的检察处、科和其他业务机构。”
1. Paragraph 1 of Article 2 which reads, " The People's Republic of China shall establish the Supreme People's Procuratorate, the people's procuratorates at various local levels and the special people's procuratorates " is amended as: " The People's Republic of China shall establish the Supreme People's Procuratorate, the people's procuratorates at various local levels, Military Procuratorates and other special people's procuratorates." 

Paragraph 4 which reads: " Special people's procuratorates shall include: military procuratorates, railway transport procuratorates, waterway transport procuratorates and other special procuratorates " is deleted.
  三、 第二十二条第二款“省、自治区、直辖市人民检察院检察长、副检察长和检察委员会委员的任免,须报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批准。”修改为:“省、自治区、直辖市人民检察院检察长的任免,须报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批准。”

 
2. Paragraph 1 of Article 20 which reads, " The Supreme People's Procuratorate shall establish procuratorial departments in charge of criminal, legal and disciplinary, prison and reformatory, and economic affairs, and may also establish other professional agencies as needed " and paragraph 2 which reads, " People's procuratorates at various local levels and special people's procuratorates may establish corresponding professional agencies " are amended as: " The Supreme People's Procuratorate shall establish a number of procuratorial departments and other professional agencies as needed. The people's procuratorates at various local levels may respectively establish corresponding procuratorial divisions, sections and other professional agencies."  四、 第二十三条第二款“自治州、省辖市、县、市、市辖区人民检察院检察长、副检察长和检察委员会委员的任免,须报省、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批准。”修改为:“自治州、省辖市、县、市、市辖区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。

 

3. Paragraph 2 of Article 22 which reads, " The appointment and removal of the chief procurators, deputy chief procurators and members of the procuratorial committees of the people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government shall be reported to the Procurator-General of the Supreme People's Procuratorate for submission to the Standing Committee of the National People's Congress for approval " is amended as: " The appointment and removal of the chief procurators of the people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government shall be reported to the Procurator-General of the Supreme People's Procuratorate for submission to the Standing Committee of the National People's Congress for approval." 

 
4. Paragraph 2 of Article 23 which reads, " The appointment and removal of the chief procurators, deputy chief procurators and members of the procuratorial committees of the people's procuratorates of autonomous prefectures, cities directly under the provincial governments, counties, cities and municipal districts shall be reported to the chief procurators of the people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government for submission to the standing committee of the people's congress at the corresponding level for approval is amended as: " The appointment and removal of the chief procurators of the people's procuratorates of autonomous prefectures, cities directly under the provincial governments, counties, cities and municipal districts shall be reported to the chief procurators of the people's procuratorates at the next higher level for submission to the standing committee of the people's congress at the corresponding level for approval."

 
     
     
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