Procuratorial suggestions are an important means for people's procuratorates to perform their legal supervision duties in accordance with law, ensure the correct implementation of the law, preserve social fairness and justice, and promote social harmony and stability. These Provisions are formulated on the basis of the "People's Procuratorate Organization Law of the People's Republic of China" and other relevant provisions, so as to standardize the work on procuratorial suggestions and to increase the quality and effectiveness of procuratorial suggestions.
I. The scope of application of procuratorial recommendations.
Procuratorial recommendations apply to the following situations:
1.Where it is discovered that a state organ, unit, or its staff has violated laws or regulations in the course of performing their duties or exercising their powers, and it is necessary to correct or improve them;
2.Finding that there are defects or loopholes in social governance that need to be strengthened or improved;
3.Where problems or deficiencies in judicial activities are found to be strengthened or improved;
4.Problems involving the protection of special groups such as minors, women, and persons with disabilities are found that need to be strengthened or improved;
5.Other situations where it is necessary to supervise and remind in the form of procuratorial suggestions are discovered.
II. Submission of Procuratorial Suggestions.
1.Procuratorial suggestions shall be submitted by the procurator undertaking the case, and issued with the approval of the chief procurator;
2.Procuratorial suggestions shall be submitted in response to specific issues, be operable, and be adopted and implemented by relevant units or individuals;
3.Procuratorial suggestions shall be submitted in writing, with relevant evidentiary materials and legal basis attached;
4.Procuratorial suggestions shall be submitted after the conclusion of trial of the case or at the time when problems are discovered, and must not exceed the legally-prescribed time limit.
III. The content of the procuratorial recommendation.
1.Procuratorial suggestions shall clearly point out the problems and deficiencies of the unit or individual being suggested, and put forward specific improvement measures and plans;
2.Procuratorial suggestions shall point out the causes and impact of the problem, and propose corresponding preventive measures;
3.Procuratorial suggestions shall put forward opinions and recommendations on the disposition of the relevant responsible persons;
4.The procuratorial recommendation shall explain the reasons and basis for issuing the recommendation, and attach relevant evidentiary materials and legal basis.
IV. Service and response to procuratorial suggestions.
1.Procuratorial suggestions shall be sent in writing to the unit or individual receiving the suggestion, and they are to be informed of their rights and obligations;
2.After receiving the procuratorial suggestion, the unit or individual receiving the recommendation shall promptly research and implement it, and respond to the implementation within the prescribed time;
3.If the unit or individual receiving the suggestion has objections to the procuratorial suggestion, it may submit an objection application within the prescribed time and explain the reasons;
4.The procuratorate shall conduct oversight and inspections of the implementation of the unit or individual being suggested, and promptly learn about the situation.
V. Follow-up and supervision of procuratorial suggestions.
1.The procuratorate shall follow up and supervise the procuratorial recommendations issued, ensuring that the unit or individual receiving the recommendation promptly makes corrections and implements them;
2.If the unit or individual receiving the recommendation fails to respond to the implementation within the prescribed time or fails to carry out rectification and implementation as required, the procuratorate may employ further measures to supervise and remind;
3.For procuratorial recommendations that involve major issues or involve multiple departments, the procuratorate may work with relevant departments to jointly research and implement them.
VI. Evaluation, rewards and punishments of procuratorial recommendations.
1.Procuratorates shall include procuratorial suggestion work in the scope of performance evaluations, and commend and reward personnel undertaking high-quality and valuable procuratorial suggestions;
2.Personnel undertaking improper or irresponsible procuratorial suggestions shall be criticized and educated or punished in accordance with relevant provisions.
VII. Supplementary Provisions. 1.These Provisions shall come into force on the date of promulgation;
2.The Supreme People's Procuratorate is responsible for the interpretation of these Provisions.