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Decision of the Supreme People's Procuratorate on Abolishing Some Judicial Interpretations and Judicial Interpretative Documents
1. 14 judicial interpretations and judicial explanatory documents issued by the Supreme People's Procuratorate alone shall be abolished (see Annex 1). Two, with the consent of the relevant departments, the two judicial interpretations and judicial explanatory documents jointly issued by the Supreme People's Procuratorate and the relevant departments shall be abolished (see Annex 2). Three, in order to facilitate the work and inquiry, the list of 1 judicial interpretations and judicial explanatory documents that have been explicitly abolished in the documents issued by the Supreme People's Procuratorate alone or jointly with other departments shall be uniformly published (see Annex 3).

Appendix 1

Catalogue of Judicial Interpretation and Judicial Interpretative Documents issued separately by the Supreme People's Procuratorate Municipality (14 pieces)

Preface

Date of publication of judicial interpretation and judicial explanatory documents

, Document number

Reasons for Abolishment

1

the Supreme People's Procuratorate's reply on questions such as whether the defendant has political rights during probation

April 16, 1957

[57] Gao Jian Si Zi No.756

The content of this reply has been approved by the Standing Committee of the National People's Congress on March 5, 1983

. On March 24, 1984, the National People's Congress Standing Committee (NPCSC) < P > Legal Affairs Committee, the Supreme People's Court, Supreme People's Procuratorate < P > Court, Ministry of Public Security, Ministry of Justice and Ministry of Civil Affairs issued the Joint Notice on the Voting Rights of Prisoners and Detainees and the relevant provisions of Criminal Law < P >.

2

the Supreme People's Procuratorate's opinions on changing the sentence of "death

" On September 14th, 1983,

[83] The application of death penalty No.1 in Gaojian Power Generation Company and the handling of death penalty cases have been clearly stipulated in the criminal law, criminal procedure law and relevant judicial interpretations.

3

the Supreme People's Procuratorate's reply on how to understand

the National People's Congress Standing Committee (NPCSC)'s Decision on Severely Punishing Criminals Who Seriously

Endangered Social Security

Paragraph 6 of Article 1

August 2, 1984

[84] Gao Jian Yan Han No.12

September 2, 1983, on which this reply was based.

4

Notice of the Supreme People's Procuratorate on Forwarding the Reply of the Supreme People's

Court

on Punishment for Counterfeiting Trademarks if an individual illegally manufactures or sells

others' registered trademarks

June 3, 1985

No.16 [1985] of the Supreme People's Court.

5

the Supreme People's Procuratorate's Detailed Rules for the Prosecution of People's Procuratorates

Complaints (Trial)

December 1, 1986

[86] Gao Jian Fa (Letter) No.18

The contents of the Detailed Rules (Trial) have been approved by the Supreme People's Procuratorate

June 16, 1998. Rules of Criminal Procedure of People's Procuratorate on January 18, 1999, Decision on Strengthening and Improving Procuratorial Work of Complaints and Complaints on November 5, 22, Provisions on Petition Work of People's Procuratorate on March 26, 27 and Provisions on Reporting Work of People's Procuratorate on April 23, 29, etc.

6

the Supreme People's Procuratorate's employees in small coal mines who exploit without a license also belong to the approval of Article 114 of the Criminal Law

Reply

No.36 [1987] of the Supreme People's Procuratorate on July 1, 1987

"People's Republic of China * * * and amendments to the Criminal Law of China (VI)

7

the Supreme People's Procuratorate's reply on whether the operator of unlicensed construction

can constitute the subject of major accident

On March 18th, 1988,

No.1 [1988] of the Supreme People's Procuratorate, * * * and the Amendment to the Criminal Law of China (VI)

has been enlarged.

8

the Supreme People's Procuratorate's

reply on whether the detainee can

constitute the subject of the crime of major accidents

The People's Republic of China and the Criminal Law Amendment (VI) No.1 of April 3, 1989 has expanded the subject scope of the crime of major accidents.

9

Notice of the Supreme People's Procuratorate on Forwarding

Notice of the Ministry of Finance on Strengthening the Administration of Imposing Penalty and Confiscating

Entry and Ensuring the Funds for Handling Cases

August 22, 199

No.7 [199] of the Supreme People's Procuratorate

The notice forwarded by this notice has been forwarded by the Ministry of Finance in September 1997.

1

the Supreme People's Procuratorate's Detailed Rules for the People's Procuratorate to Investigate Corruption and Bribery Crimes

(Trial)

April 8, 1991

Gao Jian Fa [1991] No.23

The contents of the Detailed Rules (Trial) have been approved by the Supreme People's Procuratorate

January p>1999.

The Decision on Several Issues Concerning the Anti-corruption and Bribery Work of Procuratorial Organs dated November 8, 1999, and the Provisions on the Internal Control of People's Procuratorates

in Handling Cases Directly Accepted for Investigation

dated June 24, 24.

11

Interim Measures of the Supreme People's Procuratorate Municipality for Rewarding Persons Who Report Meritorious Activities

May 11, 1994

The Interim Measures have been replaced by the relevant contents of the Provisions of the Supreme People's Procuratorate on Reporting Work on April 23, 29. 12

Notice of the Supreme People's Procuratorate on Exemption from Prosecution in Cases of Strictly favoritism

On August 2, 1995

No.31 of the Criminal Procedure Law of the Supreme People's Procuratorate Office [1995] has cancelled the exemption from prosecution, and this notice is not applicable

.

13

the Supreme People's Procuratorate's Provisions on Reporting by People's Procuratorates

September 4, 1996

Gao Jian Fa Ju Zi [1996] No.2 This provision has been replaced by the Supreme People's Procuratorate's Provisions on Reporting by People's Procuratorates on April 23, 29.

14

the Supreme People's Procuratorate's notice on conscientiously doing a good job in

reporting by signature

No.1 of March 29, 21. This notice has been replaced by the relevant contents of

Reporting Work Regulations of People's Procuratorate of the Supreme People's Procuratorate on April 23, 29.

Appendix 2

Catalogue of Judicial Interpretation and Judicial Interpretative Documents jointly issued by the Supreme People's Procuratorate and relevant departments (2 pieces)

Preface

Name of Judicial Interpretation and Judicial Interpretative Documents

Date of publication, document number

Reasons for abolition

1

the Supreme People's Procuratorate and the Ministry of Public Security on

Arrest by People's Procuratorate, Notice of

Detainees Executed by Public Security Organs March 27, 1979

[79] Gao Jian Zi No.1

Gong Fa [1979] No.5 The conditions and procedures for taking measures of arrest and detention during criminal proceedings have been clearly stipulated in the Criminal Procedure Law.

2

Notice of the Ministry of Justice and the Supreme People's Procuratorate on

Handling Cases of Notary Negligence

March 21, 1992

Sfa Tong [1992] No.37

Notary Law of the People's Republic of China was issued on March 1, 26

.

Appendix 3

In the documents issued by the Supreme People's Procuratorate alone or jointly with other departments,

Catalogue of Judicial Interpretation and Judicial Interpretative Documents (1 pieces)

Preface

Judicial Interpretation and Judicial Interpretative

Document Name

Issue Date, Document Number

Description

1

the Supreme People's Court. The general political department's

regulation on several issues concerning cases involving military teams and localities

November 25, 1982

[1982] Zheng Lian Zi No.8

This regulation has been implemented by the Ministry of Public Security, the Ministry of Justice and the General Political Department of the People's Liberation Army since August 1, 29.

2

the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice and the Ministry of Public Security

Standards for Identification of Serious Injuries (Trial)

[86] Si Fa Yan Zi No.249 on August 15, 1986

This standard has been implemented on July 1, 199.

3

Notice of the Supreme People's Procuratorate on Printing and Distributing the Detailed Rules for Procuratorial Work in Guarding

Institute (Trial), Detailed Rules for Procuratorial Work in Reform

through Labor (Trial) and Measures for Procuratorial Work in Reform

through Labor (Trial)

On July 23, 1987, the notice was issued. Measures of the people's procuratorate on prison inspection >: 、

< Measures of the people's procuratorate for procuratorial work in detention centers > 、< People's procuratorate reeducation through labor

procuratorial measures > And <: Measures of the people's procuratorate for executing procuratorial work outside prison >

notice "abolished.

4

Supplementary Provisions of the Supreme People's Procuratorate, the Ministry of Public Security and the General Political Department on the Investigation of Cases Involving Military and Local Authorities

December 21, 1987

[1987] Zheng Lian Zi No.14

This provision has been implemented on August 1, 29.

5

Some Provisions of the Supreme People's Procuratorate on Improving the Internal Control Mechanism of People's Procuratorate Investigation

October 21, 1998

Gao Jian Fa [1998] No.27

This provision has been subject to internal control by the Supreme People's Procuratorate

on June 24, 24.

6

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for the prosecution of economic crimes

On April 18, 21

Gong Fa [21] No.11

This provision has been adopted by the Supreme People's Procuratorate and the Ministry of Public Security on May 18, 21

Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs.

7

the Supreme People's Procuratorate's Regulations on the Administration of Detaining

Mortgaging and Freezing Money and Materials by People's Procuratorate

April 29, 21

Gao Jian Fa Yan Zi [21] No.1

This regulation has been abolished by the Supreme People's Procuratorate's

Regulations on the Work of Detaining and Freezing Money and Materials on March 27, 26.

8

the Supreme People's Procuratorate's Provisions on People's Procuratorates Handling Juvenile Criminal Cases

April 22, 22

Gao Jian Fa [22] No.8 This provision has been abolished by the Supreme People's Procuratorate's Provisions on People's Procuratorates Handling Juvenile Criminal Cases on January 9, 27.

9

the Supreme People's Procuratorate's

Working Regulations of People's Procuratorate on Detaining and Freezing Money and Articles

March 27, 26

Gao Jian Fa Yan Zi [26] No.1

This working regulation has been adopted by the Supreme People's Procuratorate on May 9, 21.

1

Supplementary Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on

Standards for Prosecution of Economic Crime Cases

March 5, 28

No.2 [28] of the Supreme People's Procuratorate

This provision has been adopted by the Supreme People's Procuratorate and the Ministry of Public Security on May 18, 21

Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs

.