(Adopted at the 62nd meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on February 9, 2002/KLOC-0, and implemented as of August/KLOC-0, 2002).
Eye; record
Chapter I General Provisions
Chapter II; avoid
Chapter III; accept and hear a case
Chapter iv; censor
Section 1 General Provisions
Section 2 Hearing
Section 3; Investigate and verify
Section 4 Suspension of Review and Termination of Review
Chapter 5; Supervision of effective judgments, rulings and conciliation statements
Section 1 General Provisions
Section 2 Suggestions for retrial and protest
Section 3; protest
Section 4 Appearing in Court
Chapter VI Supervision over the Illegal Acts of Judges in the Trial Procedure
Chapter VII Supervision of Implementation Activities
Chapter 8; Case management
Chapter IX Other Provisions
Chapter X Supplementary Provisions
The first chapter; general rules
Article 1 These Rules are formulated in accordance with the Civil Procedure Law of the People's Republic of China, the Organization Law of the People's Republic of China and the People's Procuratorate of the People's Republic of China and other relevant provisions, and in combination with the actual work of the People's Procuratorate.
Article 2 The people's procuratorates independently exercise procuratorial power according to law, and safeguard judicial justice and authority, national interests and social public interests, the legitimate rights and interests of natural persons, legal persons and unincorporated organizations, and ensure the unified and correct implementation of national laws by handling civil litigation supervision cases.
Article 3; People's procuratorates exercise legal supervision over civil litigation activities through protests and procuratorial suggestions.
Article 4 In handling cases of civil litigation supervision, the people's procuratorates shall take facts as the basis, take the law as the criterion, adhere to the principles of openness, fairness, justice, honesty and credibility, respect and protect the litigation rights of the parties, and supervise and support the people's courts in exercising their judicial power and enforcement power according to law.
Article 5; The departments responsible for the prosecution of complaints, civil prosecution and case management are responsible for the acceptance, handling and management of civil litigation supervision cases respectively, and all departments cooperate and restrict each other.
Article 6; People's procuratorates handle civil litigation supervision cases, and implement the responsibility system for handling cases by prosecutors. Prosecutors, chief procurators and procuratorial committees make decisions on handling cases within their respective functions and powers, and bear corresponding judicial responsibilities in accordance with regulations.
Article 7 In handling civil litigation supervision cases, the people's procuratorates may, according to the circumstances of the cases, be handled by a single prosecutor or by a case-handling team composed of two or more prosecutors. If the case is handled by the prosecutor's case-handling team, the procurator-general shall designate a prosecutor as the presiding prosecutor to organize and direct the case-handling team to handle the case.
When handling a case, a public prosecutor may, if necessary, be equipped with assistant prosecutors, clerks, judicial police, procuratorial technicians and other procuratorial personnel. Auxiliary procuratorial personnel shall undertake corresponding auxiliary procuratorial affairs in accordance with relevant regulations.
Article 8 the Supreme People's Procuratorate leads the local people's procuratorates at all levels and the special people's procuratorates in civil litigation supervision, and the people's procuratorates at higher levels lead the people's procuratorates at lower levels in civil litigation supervision.
If the people's procuratorate at a higher level thinks that the decision of the people's procuratorate at a lower level is wrong, it has the right to order the people's procuratorate at a lower level to correct it, or to cancel or change it according to law. The decision of the people's procuratorate at a higher level shall be made in writing, and the people's procuratorate at a lower level shall implement it. If the people's procuratorate at a lower level has different opinions on the decision of the people's procuratorate at a higher level, it may report to the people's procuratorate at a higher level while implementing it.
The people's procuratorate at a higher level may, in accordance with the law, uniformly call the procurators in its jurisdiction to handle civil litigation supervision cases, and the decision on calling shall be made in writing. The called prosecutor may perform relevant procuratorial duties on behalf of the people's procuratorate handling the case.
Article 9 The procurator-general of a people's procuratorate or a deputy procurator-general entrusted by the procurator-general may attend the meeting as nonvoting delegates in accordance with the relevant provisions when discussing civil protest cases or other topics related to the supervision of civil litigation in the judicial committee of the people's court at the same level.
Article 10; The people's procuratorate shall implement the withdrawal system in handling civil litigation supervision cases.
Article 11 When handling cases of civil litigation supervision, prosecutors should uphold an objective and fair position and consciously accept supervision.
Procurators shall not accept guests, gifts or other benefits from the parties and their agents ad litem, special related parties or intermediary organizations, and shall not meet the parties and their clients in violation of regulations.
Procurators who accept bribes, bending the law and other acts shall be investigated for disciplinary responsibility and legal responsibility.
Procurators shall comprehensively, truthfully and timely record and report the acts of asking questions or intervening in the handling of civil litigation supervision cases and other major matters in accordance with relevant regulations.
Chapter II; avoid
Article 12; Procurators shall recuse themselves under any of the circumstances stipulated in Article 44 of the Civil Procedure Law of the People's Republic of China, and the parties concerned have the right to apply for their recusal.
The provisions of the preceding paragraph shall apply to clerks, translators, appraisers, inspectors, etc.
Thirteenth prosecutors voluntarily withdraw, can be put forward orally or in writing, and explain the reasons. If an application is made orally, it shall be recorded in the volume.
Article 14 If a party applies for withdrawal, it shall submit it orally or in writing before the people's procuratorate makes a decision to lodge a protest or make procuratorial suggestions, and explain the reasons. If an application is made orally, it shall be recorded in the volume. If an application for withdrawal is filed in accordance with the second paragraph of Article 44 of the Civil Procedure Law of the People's Republic of China, relevant evidence shall be provided.
Before the people's procuratorate makes a decision on whether to withdraw, the person who has been applied for withdrawal shall suspend his participation in the work of this case, unless the case requires emergency measures.
Fifteenth prosecutors should be avoided, did not voluntarily withdraw, the parties did not apply for his withdrawal, the chief procurator or the procuratorial committee decided to withdraw.
Article 16; The withdrawal of the procurator-general shall be discussed and decided by the procuratorial committee; The withdrawal of prosecutors and other personnel shall be decided by the chief procurator. When the Procuratorial Committee discusses the withdrawal of the Procurator-General, it shall be presided over by the Deputy Procurator-General, and the Procurator-General shall not participate.
Article 17 The people's procuratorate shall make a decision on the withdrawal application filed by the party concerned within three days and notify the applicant. If the applicant refuses to accept the decision, he may apply to the original decision-making organ for reconsideration once upon receiving the decision. The people's procuratorate shall make a reconsideration decision within three days and notify the applicant for reconsideration. During the period of reconsideration, the person who has applied for withdrawal will not stop participating in the work of this case.
Chapter III; accept and hear a case
Eighteenth sources of civil litigation supervision cases include:
(a) the parties to the people's Procuratorate for supervision;
(2) A natural person, legal person or unincorporated organization other than the party concerned files a complaint with the People's Procuratorate;
(three) the people's Procuratorate found in the performance of their duties.
Nineteenth in any of the following circumstances, the parties may apply to the people's Procuratorate for supervision:
(1) A legally effective civil judgment, ruling or conciliation statement conforms to the provisions of the first paragraph of Article 209 of the Civil Procedure Law of the People's Republic of China;
(2) Believing that the judges have committed illegal acts in the civil trial procedure;
(three) that there are illegal civil execution activities.
Article 20 If a party applies to the People's Procuratorate for supervision in accordance with the first paragraph of Article 19 of these Rules, it shall do so within two years from the date when the people's court makes a ruling rejecting the application for retrial or the retrial judgment or ruling becomes legally effective.
The period specified in this article is fixed, and the provisions of suspension, interruption and extension are not applicable.
Cases in which the people's procuratorates initiate supervision procedures ex officio are not subject to the time limit prescribed in the first paragraph of this article.
Article 21 When applying for supervision to a people's procuratorate, a party concerned shall submit an application for supervision, identification, relevant legal documents and evidential materials. Where evidential materials are submitted, a list of evidences shall be attached.
If the application materials for supervision are incomplete, the people's procuratorate shall require the applicant to complete them within a time limit, and clearly inform all the materials that should be completed at one time. If the applicant fails to complete the application within the time limit, it shall be deemed to have withdrawn the application for supervision.
Article 22 The application for supervision stipulated in Article 21 of these Rules shall specify the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and effective contact information of the applicant, the name and domicile of the legal person or unincorporated organization, and the name, position and effective contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit, domicile and effective contact information of other parties, and information such as the name, domicile, responsible person and effective contact information of legal person or unincorporated organization;
(3) Application for supervision request;
(four) the specific legal circumstances, facts and reasons for applying for supervision.
The applicant shall submit a copy of the application for supervision according to the number of other parties.
Article 23 The identity certificates as stipulated in Article 21 of these Rules include:
(1) A natural person's resident identity card, military officer's card, soldier's card, passport and other valid documents that can prove his identity;
(2) A unified social credit code certificate or a copy of the business license of a legal person or an unincorporated organization, an organization code certificate and the identity certificate of its legal representative or principal responsible person and other valid certificates.
The people's procuratorate shall keep a copy of the identity certificate submitted by the parties after verification.
Article 24 The relevant legal documents stipulated in Article 21 of these Rules refer to all the judgments, rulings, decisions, conciliation statements and other legal documents made by the people's court in the course of litigation in this case.
Article 25; When applying for supervision, a party may entrust an agent ad litem in accordance with the Civil Procedure Law of the People's Republic of China.
Twenty-sixth parties to apply for supervision meet the following conditions, the people's Procuratorate shall accept:
(a) in accordance with the provisions of article nineteenth of these rules;
(2) The materials provided by the applicant conform to the provisions of Articles 21 to 24 of these Rules;
(3) It falls within the scope of accepting cases in our court;
(four) does not have the provisions of these rules shall not be accepted.
Article 27 If a party applies to a people's procuratorate for supervision according to the provisions of the first paragraph of Article 209 of the Civil Procedure Law of the People's Republic of China, the people's procuratorate will not accept it under any of the following circumstances:
(a) the parties have not applied to the people's court for retrial;
(two) the parties apply for retrial beyond the time limit prescribed by law, except for reasons not attributable to themselves;
(3) The people's court is examining the application for civil retrial within the statutory time limit;
(four) the people's court has ruled that the retrial has not yet been concluded;
(5) The marriage relationship is dissolved by judgment or mediation, except those who are dissatisfied with the division of property;
(6) The people's procuratorate has concluded the examination and made a decision;
(7) The civil judgment, ruling and conciliation statement are made by the people's court after retrial according to the protest of the people's procuratorate or the retrial procuratorial proposal;
(eight) the application for supervision exceeds the time limit stipulated in Article twentieth of these rules;
(nine) other circumstances that should not be accepted.
Twenty-eighth parties believe that there are illegal situations in civil trial procedures or execution activities, and apply to the people's procuratorate for supervision. In any of the following circumstances, the people's procuratorate will not accept it:
(a) the law provides that an objection, an application for reconsideration or a lawsuit can be filed, and the parties have not raised an objection, applied for reconsideration or filed a lawsuit, except for justified reasons;
(2) After a party raises an objection, applies for reconsideration or brings a lawsuit, the people's court has accepted it and is examining and handling it, unless it fails to handle it within the statutory time limit;
(3) Other circumstances that should not be accepted.
Where a party applies for supervision over the illegal acts of judicial and enforcement personnel, it shall not be subject to the restrictions as prescribed in the preceding paragraph.
Article 29 If a party applies to the People's Procuratorate for procuratorial suggestions or protests in accordance with the provisions of the first paragraph of Article 209 of the Civil Procedure Law of the People's Republic of China, it shall be accepted by the department of the People's Procuratorate at the same level where the effective civil judgment, ruling or conciliation statement is made.
If the people's court decides to reject the application for retrial or fails to make a ruling on the application for retrial within the time limit, and the parties apply to the people's procuratorate for supervision, it shall be accepted by the people's procuratorate at the same level where the people's court that made the original effective civil judgment, ruling or conciliation statement is located.
Article 30 If a party considers that there are illegal acts committed by judges or illegal activities in civil execution during the civil trial procedure and applies to the people's procuratorate for supervision, it shall be accepted by the department of the people's procuratorate at the same level where the people's court hearing and executing the case is located.
If a party refuses to accept the reconsideration ruling or decision made by the people's court at a higher level and applies for supervision, it shall be accepted by the people's procuratorate at the same level where the people's court at a higher level is located. After accepting the case, the people's procuratorate may, if necessary, refer the case to the people's procuratorate at the same level where the people's court originally tried and executed the case.
Article 31; If a party considers that the people's procuratorate fails to accept its application for supervision according to law, it may apply to the people's procuratorate at the next higher level for supervision. If the people's procuratorate at the next higher level considers that the application for supervision by the parties meets the acceptance conditions, it shall instruct the people's procuratorate at the next lower level to accept it, or it may accept it directly if necessary.
Thirty-second people's Procuratorate departments responsible for the prosecution of complaints shall handle the application for supervision according to the following circumstances:
(1) If the conditions for acceptance are met, an acceptance decision shall be made in accordance with the provisions of these Rules;
(2) If it is not within the scope of accepting cases in our hospital, it shall inform the applicant to apply to the relevant people's procuratorate for supervision;
(three) does not belong to the scope of the people's Procuratorate, it shall inform the applicant to reflect to the relevant authorities;
(four) does not meet the acceptance conditions, and the applicant does not withdraw the application for supervision, you can decide not to accept.
Thirty-third departments responsible for the prosecution of complaints shall, within three days from the date of accepting the decision, make a Notice of Acceptance, send it to the applicant, and inform him of his rights and obligations; At the same time, send a copy of the Notice of Acceptance and the application for supervision to other parties and inform them of their rights and obligations. Other parties may put forward written opinions within 15 days from the date of receiving the copy of the application for supervision. Failure to put forward opinions will not affect the people's procuratorate's review of the case.
Article 34 The department in charge of the prosecution of complaints shall, within three days from the date of deciding to accept the case, transfer the case materials to the department in charge of civil prosecution in our hospital, and at the same time, send a copy of the Notice of Acceptance to the department in charge of case management in our hospital. The department responsible for the prosecution of complaints shall promptly transfer the written opinions and other materials submitted by other parties to the department responsible for civil prosecution.
Article 35 A natural person, a legal person or an unincorporated organization other than a party may lodge a complaint with the people's procuratorate at the same level if they think that the judges have committed illegal acts in the civil trial procedure of the people's court or that the civil execution activities have violated the law. The complaint shall be accepted by the department of the people's procuratorate responsible for the prosecution of complaints.
The department responsible for the prosecution of complaints shall handle the complaints received according to the Provisions of the People's Procuratorate on Letters and Visits.
Thirty-sixth departments responsible for the prosecution of complaints may, in accordance with the Provisions of the People's Procuratorate on Letters and Visits, assign letters and visits cases involving civil litigation supervision to the people's procuratorates at lower levels.
Article 37; When a people's procuratorate finds that a civil case is under any of the following circumstances in performing its duties, it shall start the supervision procedure ex officio:
(a) damage the interests of the state or the interests of the public;
(two) the judicial and enforcement personnel have committed illegal acts such as corruption and bribery, favoritism and malpractice, and perverting the law;
(three) the parties have false litigation and other acts that hinder the judicial order;
(4) The legally effective judgment, ruling or conciliation statement of civil public interest litigation made by the people's court is indeed wrong, and the judges have committed illegal acts in the trial procedure, or the execution activities are illegal;
(five) in accordance with the relevant provisions of the people's Procuratorate to follow up supervision;
(six) has a significant social impact and other circumstances that really need to be supervised.
The people's procuratorate starts the supervision procedure of civil cases ex officio, and is not limited by whether the parties apply for retrial.
Article 38; Cases in which people's procuratorates at lower levels submit protests or other supervision shall be accepted by the department in charge of case management of the people's procuratorate at the next higher level.
The department in charge of civil prosecution shall register and accept the civil litigation supervision cases that start the supervision procedures according to their functions and powers.
Article 39; After receiving the case materials, the department in charge of case management shall register within three days and transfer the case materials and case registration form to the department in charge of civil prosecution; If the case materials do not meet the requirements, they shall be required to be supplemented.
If the department in charge of case management needs to notify the parties after registration and acceptance, the department in charge of civil procuratorial work shall make a Notice of Acceptance and send it to the parties within three days.
Legal basis:
Article 3 The people's procuratorates shall exercise legal supervision over civil litigation activities through protest and procuratorial suggestions.