After the founding of New China, Article 2 of the Regulations of the Central People's Government on Judicial Organization in the Supreme People's Procuratorate promulgated in February 1949 stipulates: "Procuratorial organs at all levels throughout the country exercise their functions and powers independently, without interference from local organs, and only obey the command of the Supreme People's Procuratorate." This shows that the procuratorial organ established in the early days of liberation in China is a vertical leadership relationship between higher and lower levels.
1951September promulgated the general rules for the organization of local people's procuratorates at all levels, which changed the vertical leadership of procuratorial organs into dual leadership, that is, local people's procuratorates at all levels were led by people's procuratorates at higher levels, and at the same time were part of people's governments at all levels and led by people's government committees at the same level.
1The Constitution of People's Republic of China (PRC) and the Organic Law of the People's Procuratorate of People's Republic of China (PRC) promulgated in September 1954 also stipulate that local people's procuratorates at all levels exercise their functions and powers independently without interference from local state organs; Local people's procuratorates at all levels and special people's procuratorates work under the unified leadership of the people's procuratorates at higher levels and the Supreme People's Procuratorate. This actually restored the vertical leadership of procuratorial organs at all levels established in the early days of liberation.
1975 65438+ 10/7, The Constitution of People's Republic of China (PRC) adopted at the First Session of the Fourth National People's Congress stipulates that the functions and powers of procuratorial organs shall be exercised by public security organs at all levels, and procuratorial organs at all levels shall be abolished accordingly.
1978 In March, the first meeting of the Fifth National People's Congress decided to restore and rebuild the People's Procuratorate. The Constitution of People's Republic of China (PRC) adopted at this meeting stipulates that the relationship between higher-level procuratorial organs is that higher-level procuratorial organs supervise the work of lower-level procuratorial organs, while the highest procuratorial organs supervise the work of local procuratorial organs at all levels. At the same time, procuratorial organs at all levels should also accept the supervision of power organs at the same level.
1Article 10 of the Organic Law of the People's Procuratorate of People's Republic of China (PRC) promulgated in July, 979 stipulates: "the Supreme People's Procuratorate is responsible to the National People's Congress and the NPC Standing Committee and reports its work. Local people's procuratorates at various levels are responsible to the people's congresses at the corresponding levels and their standing committees and report on their work. The Supreme People's Procuratorate leads the work of local people's procuratorates at all levels and special people's procuratorates, and the people's procuratorates at higher levels lead the work of people's procuratorates at lower levels. " The supervisory relationship between the procuratorial organs at higher and lower levels was changed to the leadership relationship. The Constitution of 1982 and the Organic Law of People's Procuratorates revised in 1983 reconfirmed this leadership relationship until today.