Rules for the Supervision over Civil Proceedings by the People's Procuratorates

· Area of Law： Civil Litigation

· Level of Authority： Judicial Interpretation

· Date issued：11-18-2013

· Effective Date：11-18-2013

· Status： Effective

· Issuing Authority： Supreme People's Procuratorate

Announcement of the Supreme People's Procuratorate
The Rules for the Supervision over Civil Proceedings by the People's Procuratorates, as adopted at the 10th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on September 23, 2013, are hereby issued, and shall come into force on the date of issuance.
Supreme People's Procuratorate
November 18, 2013
Rules for the Supervision over Civil Proceedings by the People's Procuratorates (for Trial Implementation)
(Adopted at the 10th meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on September 23, 2013)
Chapter I General Provisions
Chapter II Jurisdiction
Chapter III Disqualification
Chapter IV Acceptance
Chapter V Examination
Section 1 General Rules
Section 2 Hearing
Section 3 Investigation and Verification
Section 4 Suspension and Termination of Examination
Chapter VI Supervision over Effective Judgments, Rulings, and Consent Judgments
Section 1 General Rules
Section 2 Retrial Procuratorial Recommendations and Requests for Appeal
Section 3 Appeal
Section 4 Appearance in Court
Chapter VII Supervision over Illegal Acts of Judges in Trial Proceedings
Chapter VIII Supervision over Enforcement Activities
Chapter IX Case Management
Chapter X Other Provisions
Chapter XI Supplemental Provisions
Chapter I General Provisions
Article 1 To guarantee and regulate the lawful performance of civil procuratorial duties of the people's procuratorates, these Rules are developed in accordance with the Civil Procedure Law of the People's Republic of China, the Organic Law of the People's Procuratorates of the People's Republic of China, and other relevant provisions and in consideration of the practices of the people's procuratorates.
Article 2 The people's procuratorates shall independently exercise procuratorial powers according to the law and, by handling cases arising from supervision over civil proceedings (hereinafter referred to as the “supervision cases”), maintain judicial impartiality and judicial authority, protect national interests and public interests, protect the lawful rights and interests of citizens, legal persons and other organizations, and guarantee the unified and correct implementation of national laws.
Article 3 The people's procuratorates shall exercise legal supervision over civil proceedings by way of filing appeals or offering procuratorial recommendations.
Article 4 In the handling of cases arising from supervision over civil proceedings, the people's procuratorates shall regard facts as the basis and the law as the yardstick, adhere to the principles of openness, fairness, justice, honesty and creditworthiness, respect and protect the procedural rights of the parties, and oversee and support people's courts in lawfully exercising judicial powers and enforcement powers.
Article 5 The accusation procuratorial department, the civil procuratorial department, and the case management department of a people's procuratorate shall be respectively responsible for the acceptance, handling, and management of supervision cases, and there shall be cooperation and checks among departments.
Article 6 In the handling of supervision cases by the people's procuratorates, a case handling responsibility system of the procurators shall be implemented.
Article 7 The Supreme People's Procuratorate shall lead local people's procuratorates at all levels and specialized people's procuratorates in exercising supervision over civil proceedings, and the people's procuratorates at higher levels shall lead those at lower levels in exercising supervision over civil proceedings.
The people's procuratorates at higher levels shall have the power to revoke or modify decisions made by the people's procuratorates at lower levels and, if discovering any mistake made by the people's procuratorates at lower levels, order them to correct. The people's procuratorates at lower levels shall execute decisions made by the people's procuratorates at higher levels. If having any dissent on a decision made by a people's procuratorate at a higher level, a people's procuratorate at a lower level may report it to the people's procuratorate at a higher level while executing the decision.
Article 8 The chief procurator of a people's procuratorate may, when the judicial committee of a people's court at the same level deliberates a civil case appealed by the people's procuratorate or any other issue related to supervision over civil proceedings, observe the meeting according to the relevant provisions.
Article 9 In the handling of supervision cases by the people's procuratorates, a disqualification system shall be implemented.
Article 10 In the handling of supervision cases, procurators shall lawfully and impartially handle cases and conscientiously accept supervision.
Procurators may not accept treats or gifts from the parties or the litigation representatives thereof, and may not meet the parties or the litigation representatives thereof in violation of rules.
Procurators who have committed acts such as accepting bribes or bending the law for personal gains shall be legally held liable.
Chapter II Jurisdiction
Article 11 Over a supervision case involving an effective civil judgment, ruling, or consent judgment, the Supreme People's Procuratorate and the people's procuratorates at the same level and at a higher level at the place of the people's court rendering the aforesaid legal instrument shall all have jurisdiction.
Article 12 A supervision case involving a judge's illegal act in the civil trial proceedings shall be under the jurisdiction of the people's procuratorate at the same level at the place of the people's court conducting the trial.
Article 13 A supervision case involving any civil enforcement activity shall be under the jurisdiction of the people's procuratorate at the same level at the place of the enforcement court.
Article 14 Where a people's procuratorate finds that a supervision case accepted is not under its jurisdiction, it shall transfer the case to a people's procuratorate which has jurisdiction over the case, and the people's procuratorate to which the case is transferred shall accept the case. If the people's procuratorate to which the case is transferred holds that the case is not under its jurisdiction, it shall report to the people's procuratorate at a higher level for specification of jurisdiction, and may not transfer the case until specification.
Article 15 Where a people's procuratorate which has jurisdiction over a supervision case cannot exercise its jurisdiction for any special reason, the people's procuratorate at a higher level shall specify the jurisdiction over the case.
Any jurisdictional dispute between the people's procuratorates shall be settled by both parties to the dispute through consultation; and if such consultation fails, shall be reported to their common people's procuratorate at a higher level for specification of jurisdiction.
Article 16 A people's procuratorate at a higher level may, as it deems necessary, handle a supervision case under the jurisdiction of a people's procuratorate at a lower level.
A people's procuratorate at a lower level which deems it necessary for a people's procuratorate at a higher level to handle a supervision case under its jurisdiction may file a request with the people's procuratorate at a higher level for the latter to handle the case.
Article 17 The jurisdiction of military procuratorates and other specialized people's procuratorates over supervision cases shall be governed by the relevant provisions issued.
Chapter III Disqualification
Article 18 A procurator who falls under any of the circumstances as set out in Article 44 of the Civil Procedure Law of the People's Republic of China shall voluntarily disqualify himself or herself, and a party shall be entitled to request his or her disqualification.
The preceding paragraph shall also apply to clerks, interpreters, identification or evaluation experts, and surveyors, among others.
Article 19 A procurator may voluntarily disqualify himself or herself verbally or in writing, with reasons provided. If it is a verbal request, it shall be on the record.
Article 20 To request disqualification of a procurator, a party shall file the request verbally or in writing before the people's procuratorate decides to file an appeal or offer procuratorial recommendations, among others, with reasons provided. If it is a verbal request, it shall be on the record. The relevant evidence shall be provided for a disqualification request filed under paragraph 2 of Article 44 of the Civil Procedure Law of the People's Republic of China.
A procurator whose disqualification is requested shall, before the people's procuratorate makes a decision on his or her disqualification, suspend his or her participation in the handling of the case, unless any urgent measures need to be taken for the case.
Article 21 The disqualification of the chief procurator shall be decided by the procuratorial committee upon deliberation, while the disqualification of procurators and other personnel shall be decided by the chief procurator. A meeting of the procuratorial committee to deliberate the disqualification of the chief procurator shall be presided over by the deputy chief procurator, and the chief procurator may not attend the meeting.
Article 22 A people's procuratorate shall, within three days, make a decision on a disqualification request from a party and notify the party of the decision. Against the decision, the party may apply for reconsideration once to the people's procuratorate after receiving the decision. The people's procuratorate shall, within three days, make a decision after reconsideration and notify the reconsideration applicant of the decision. Pending reconsideration, the person whose disqualification is requested shall not suspend his or her participation in the handling of the case.
Chapter IV Acceptance
Article 23 The sources of supervision cases include:
(1) requests for supervision filed by the parties with the people's procuratorates;
(2) accusations and reports to the people's procuratorates from citizens, legal persons, and other organizations other than the parties; and
(3) cases uncovered by the people's procuratorates in performing their functions.
Article 24 Under any of the following circumstances, a party may file a request with a people's procuratorate for supervision:
(1) An effective civil judgment, ruling, or consent judgment falls under the circumstances as set out in paragraph 1 of Article 209 of the Civil Procedure Law of the People's Republic of China.
(2) The party believes that a judge has committed an illegal act in civil trial proceedings.
(3) The party believes that any civil enforcement activity has violated the law.
Article 25 To request supervision by a people's procuratorate, a party shall submit a written request for supervision, the party's identification, the relevant legal instruments, and evidentiary materials. Evidentiary materials shall be accompanied with a list of evidence.
If the materials that shall be submitted for a supervision request are incomplete, the people's procuratorate shall require the requesting party to supplement during a specified period, and clearly inform the party of all the supplements needed. If the party fails to supplement the materials during the specified period, the supervision request shall be deemed withdrawn.
Article 26 The written supervision request as mentioned in Article 25 of these Rules shall state:
(1) the name, gender, age, nationality, occupation, employer, residence, and valid contact information of the requesting party or the name and domicile of the requesting party if it is a legal person or any other organization and the name, position, and valid contact information of its legal representative or primary person in charge;
(2) the name, gender, employer, residence, and valid contact information, among others, of any other party or the name, domicile, person in charge, and valid contact information, among others, of any other party if it is a legal person or any other organization; and
(3) the request for supervision and the facts and grounds on which the request is based.
The requesting party shall submit duplicates of the written supervision request according to the number of the other parties.
Article 27 The identification as mentioned in Article 25 of these Rules shall include:
(1) resident identity card, identity card for military officer or soldier, passport, or any other valid certificate that can prove the identify of a natural person; or
(2) the duplicate of the business license or the organization code certificate of a legal person or any other organization, the identification of its legal representative or primary person in charge, or any other valid certificate or license of it.
A people's procuratorate shall, upon verification, retain a photocopy of the identification submitted by a party.
Article 28 The relevant legal instruments as mentioned in Article 25 of these Rules shall include all the judgments, rulings, decisions, consent judgments, and other legal instruments issued by the people's courts in the litigation process of a case.
Article 29 A party requesting supervision may be represented in accordance with the Civil Procedure Law of the People's Republic of China.
Article 30 Where the supervision request of a party satisfies the following conditions, a people's procuratorate shall accept it:
(1) Article 24 of these Rules is complied with.
(2) The materials submitted by the requesting party comply with Articles 25 to 28 of these Rules.
(3) The people's procuratorate has jurisdiction over it.
(4) It is not under any of the non-acceptance circumstances as set out in these Rules.
Article 31 Where a party requests supervision by a people's procuratorate in accordance with paragraph 1 of Article 209 of the Civil Procedure Law of the People's Republic of China, the people's procuratorate shall not accept the request under any of the following circumstances:
(1) The party has not filed a petition with the people's court for retrial or the statutory period for filing a petition for retrial has passed when the party files a petition for retrial.
(2) The people's court is examining a civil petition for retrial, unless it has not made a ruling on the petition after three months.
(3) The people's court has decided to permit retrial but the retrial has not been closed.
(4) The judgment or consent judgment dissolves a marital relationship, unless a party refuses to accept the partition of property.
(5) The people's procuratorate has completed examination and made a decision.
(6) The civil judgment, ruling, or consent judgment was rendered by the people's court after retrial on the basis of an appeal or the retrial procuratorial recommendations from the people's procuratorate.
(7) Any other non-acceptance circumstances.
Article 32 Where a party may legally appeal but fails to appeal a civil judgment or ruling rendered by a people's court of first instance, and files a request for supervision with a people's procuratorate in accordance with paragraph 1 (1) or (2) of Article 209 of the Civil Procedure Law of the People's Republic of China, the people's procuratorate shall not accept the application, unless:
(1) the legal instrument based on which the original judgment or ruling was rendered has been revoked or modified;
(2) any judge has committed a serious illegal act such as committing embezzlement, accepting bribes, practicing favoritism, or adjudicating by bending the law;
(3) The service of legal instruments by the people's court violates the law, which impedes the party from exercising the right to appeal;
(4) the party is unable to exercise the right to appeal for any natural disaster or other force majeure;
(5) the party is unable to exercise the right to appeal for the deprivation or restriction of his or her personal freedom or for an objective reason such as a serious illness;
(6) there is evidence that others have stopped the party from exercising the right to appeal by violence, intimidation, or fraud; or
(7) the party fails to appeal for any other reason not attributable to the party.
Article 33 Where a party requests supervision by a people's procuratorate on the ground that a judge has committed any illegal act in civil trial proceedings or there is any violation of the law in enforcement activities, the people's procuratorate shall not accept the request under any of the following circumstances:
(1) The party may legally raise an objection, apply for reconsideration, or institute an action but fails to do so, unless with a good reason.
(2) The party has raised an objection or applied for reconsideration, and a people's court has accepted and is examining and handling it, unless the people's court has not handled it after expiry of the statutory period.
(3) Any other non-acceptance circumstances.
Article 34 Where a party files a request with a people's procuratorate for procuratorial recommendations or appeal in accordance with paragraph 1 of Article 209 of the Civil Procedure Law of the People's Republic of China, it shall be subject to acceptance by the accusation procuratorial department of the people's procuratorate at the same level at the place of the people's court rendering the effective civil judgment, ruling or consent judgment.
Where a party requests supervision by a people's procuratorate on the ground that a judge has committed any illegal act in civil trial proceedings or there is any violation of the law in civil enforcement activities, it shall be subject to acceptance by the accusation procuratorial department of the people's procuratorate at the same level at the place of the people's court trying or enforcing the case.
Article 35 Where a party requests supervision by a people's procuratorate after a people's court rules to dismiss a retrial petition or fails to rule on a retrial petition during the statutory period, it shall be accepted by the accusation procuratorial department of the people's procuratorate at the same level at the place of the people's court rendering the original effective civil judgment, ruling, or consent judgment.
Article 36 The accusation procuratorial department of a people's procuratorate shall handle a supervision request under the following different circumstances:
(1) If it satisfies the conditions for acceptance, the accusation procuratorial department shall make a decision to accept the request according to these Rules.
(2) If it is within the scope of accepted cases but is not under the jurisdiction of the people's procuratorate, the accusation procuratorial department shall notify the applicant of filing a supervision request with the people's procuratorate having jurisdiction over the case.
(3) If it is beyond the scope of accepted cases of the people's procuratorate, the accusation procuratorial department shall notify the applicant of reporting the case to the appropriate authorities.
(4) If it does not satisfy the conditions for acceptance and has not been withdrawn by the requesting party, the accusation procuratorial department may decide not to accept it.
If the request should be accepted by a people's procuratorate at a lower level, the people's procuratorate at a higher level shall transfer the written supervision request and the relevant materials to the people's procuratorate at a lower level within seven days.
Article 37 Within three days after deciding to accept a supervision request, the accusation procuratorial department of a people's procuratorate shall prepare a Notice of Acceptance, send it to the requesting party, and notify the party of its rights and obligations.
If it is necessary to notify any other party, the duplicates of the Notice of Acceptance and the written supervision request shall be sent to the other party, and the other party shall be notified of its rights and obligations. The other party may submit a written opinion within 15 days of receipt of the duplicate of the written supervision request, and the party's failure to submit one shall not affect the examination of the case by the people's procuratorate.
Article 38 Within three days after deciding to accept a supervision request, the accusation procuratorial department of a people's procuratorate shall transfer case materials to the civil procuratorial department of the people's procuratorate, and send a copy of the Notice of Acceptance to the case management department of the people's procuratorate.
Article 39 Where any citizen, legal person, or other organization, which is not a party to case, considers that a judge has committed any illegal act in civil trial proceedings or there is any violation of the law in civil enforcement activities of a people's court, the citizen, legal person, or other organization may file an accusation or report with the people's procuratorate at the same level. Such accusations and reports shall be subject to acceptance by the accusation procuratorial department of the people's procuratorate.
The accusation procuratorial department shall handle the accusations and reports received in accordance with the Provisions on the Work of Complaint Letters and Visits of the People's Procuatorates and the Provisions on the Work of Tip-offs of the People's Procuratorates.
Article 40 The accusation procuratorial department of a people's procuratorate may, according to the Provisions on the Work of Complaint Letters and Visits of the People's Procuatorates, assign complaint letter and visit cases involving supervision over civil proceedings to the people's procuratorates at lower levels.
Article 41 A people's procuratorate shall, according to its functions, supervise a civil case under any of the following circumstances:
(1) It has damaged national interests or public interests.
(2) Any judge or any of the enforcement personnel has committed an illegal act such as committing embezzlement, accepting bribes, practicing favoritism, or adjudicating by bending the law.
(3) The people's procuratorate is required by the relevant provisions to follow and supervise the handling of the case.
Article 42 A case where a people's procuratorate at a lower level requests an appeal or any other form of supervision shall be accepted by the case management department of the people's procuratorate at the next higher level.
For a supervision case uncovered according to its functions, the civil procuratorial department of a people's procuratorate shall register it with the case management department of the people's procuratorate for acceptance.
Article 43 After receipt of case materials, the case management department of a people's procuratorate shall, within three days, register the case and transfer the case materials and a case registration form to the civil procuratorial department of the people's procuratorate. If the case materials fail to conform to the relevant provisions, supplements shall be submitted.
After the case management department registers and accepts the case, if it is necessary to notify the parties, the civil procuratorial department shall prepare a Notice of Acceptance and, within three days, send it to the parties.
Chapter V Examination
Section 1 General Rules
Article 44 The civil procuratorial department of a people's procuratorate shall be responsible for examining the accepted supervision cases.
Article 45 A people's procuratorate at a higher level may assign an accepted supervision case to a people's procuratorate at a lower level which has jurisdiction over the case. If a case is so assigned, a Notice of Case Assignment shall be prepared, and the relevant materials shall be transferred to the people's procuratorate at a lower level. The people's procuratorate at a lower level shall handle the case according to the law, may not reassign the case, and shall submit its decision to the people's procuratorate at a higher level for approval before making the decision.
If it is necessary to notify the parties of the assignment, a Notice shall be prepared and sent to the parties.
Article 46 A people's procuratorate at a higher level may transfer a case to a people's procuratorate at a lower level which has jurisdiction over the case. For a case transferred, a Notice of Case Transfer shall be prepared, and the relevant materials shall be transferred to the people's procuratorate at a lower level.
If it is necessary to notify the parties of the transfer, a Notice shall be prepared and sent to the parties.
Article 47 In the examination of a supervision case, a people's procuratorate shall examine whether the civil proceedings of the people's court are legal, based on the claims in the supervision request and other circumstances uncovered. Where any other parties have also requested supervision, the other parties shall also be listed as requesting parties, and their claims in the supervision requests shall be examined concurrently.
Article 48 The requesting party or any other party shall provide evidentiary materials for their claims. A people's procuratorate shall issue acknowledgements for the evidentiary materials received from the parties.
Article 49 A people's procuratorate shall notify a party of the party's right to request disqualification and the names and legal titles of the procurators and clerks handling the case.
Article 50 In the examination of a case, a people's procuratorate shall hear the opinions of the parties and, if necessary, verify the relevant information by a hearing or investigation.
Article 51 In the examination of a case, a people's procuratorate may request transfer of the litigation case file to it from the relevant people's court according to the relevant provisions.
If the needs for case handling can be satisfied by copying electronic files or by consultation, duplication, or extraction, a people's procuratorate need not request the aforesaid transfer.
Article 52 After completion of examining a case, the procurator assigned to handle the case shall prepare an examination completion report, stating the facts of the case in a comprehensive, objective, and impartial manner and providing recommendations on handling the case according to the law.
If the facts of the case may be determined only by examining the written supervision request and other relevant materials, the procurator assigned to handle the case may directly prepare an examination completion report and provide recommendations on handling the case.
Article 53 A case shall undergo collective deliberation. Persons participating in collective deliberation shall express definite opinions on the facts of the case, application of law, and handling recommendations, among others, with reasons provided. The collective deliberation opinion shall be formed on the basis of comprehensively and objectively summarizing the opinions of participants.
The handling opinion formed by collective deliberation shall be submitted to the chief procurator for approval after the person in charge of the civil procuratorial department provides an examination opinion thereon.
The chief procurator may, as he or she deems necessary, submit the opinion to the procuratorial committee for decision upon deliberation.
Article 54 After completion of examining a case, a people's procuratorate may make a decision under different circumstances as follows:
(1) To offer retrial procuratorial recommendations.
(2) To request an appeal.
(3) To file an appeal.
(4) To offer procuratorial recommendations.
(5) To terminate examination.
(6) Not to support the supervision request.
If the case is accepted by the accusation procuratorial department, the civil procuratorial department shall notify the accusation procuratorial department of the case handling result in writing.
Article 55 In the handling a supervision case, a people's procuratorial may recommend that the parties reach a settlement themselves if they are willing to settle.
Article 56 After accepting a case where a party requests supervision over an effective civil judgment, ruling, or consent judgment rendered by a people's court, a people's procuratorate shall complete examination and make a decision within three months.
The examination period for a supervision case involving a judge's illegal act in civil trial proceedings or a supervision case involving civil enforcement activities shall be governed by the preceding paragraph.
Section 2 Hearing
Article 57 In the examination of a supervision case, a people's procuratorate may, as it deems necessary, organize a hearing for the relevant parties.
According to the actual circumstances of the case, the people's procuratorate may invite the deputies to the people's congresses, members of the CPPCC committees, people's supervisors, special procurators , expert advisory committee members, people's mediators, employers of the parties, the residents' committees at the places of residence of the parties, experts, scholars, and other members of the public, who are not the interested parties to the case, to participate in the hearing.
Article 58 A hearing organized by a people's procuratorate shall be presided over by the procurator assigned to handle the case, and the clerk shall keep a record of the hearing.
A hearing shall be conducted in a dedicated hearing room of a people's procuratorate.
Article 59 To organize a hearing, a people's procuratorate shall notify the parties participating in the hearing of the time and location of the hearing three days in advance at a minimum.
Article 60 The parties and other relevant persons participating in a hearing shall participate in the hearing on time, and if a party fails to appear in the hearing without a good reason or withdraws from the hearing without permission during the hearing, the proceeding of the hearing shall not be affected.
Article 61 A hearing shall focus on issues such as the finding of facts and the application of law in a supervision case.
The opinions of all the parties on the evidentiary materials submitted by the parties and the evidence obtained by the people's procuratorate through investigation shall be sufficiently heard.
Article 62 The hearing procedure shall be conducted in the following order:
(1) The requesting party states the claims, facts, and grounds in the supervision request.
(2) Other parties express their opinions.
(3) If the requesting party or any other party has any new evidence to submit, such evidence shall be adduced with an explanation thereof.
(4) Evidence obtained by the people's procuratorate through investigation is adduced.
(5) All the parties to the case state their opinions on evidence adduced in the hearing.
(6) The requesting party and other parties express their final opinions.
Article 63 Transcripts shall be made for a hearing, to which the parties shall affix their signatures or seals upon verification. A party's refusal to do so shall be noted in the transcripts.
Article 64 Persons participating in a hearing shall obey the direction from the procurator presiding over the hearing.
Where any person violates the order of a hearing, a people's procuratorate may reprimand the violator and order him or her to leave the hearing room. Those who create uproar in or attack the hearing room, insult, defame, intimidate, or batter procurators, or otherwise seriously interrupt the hearing procedure shall be legally held liable.
Section 3 Investigation and Verification
Article 65 As needed for offering procuratorial recommendations or filing an appeal to perform its legal supervision duties, under any of the following circumstances, a people's procuratorate may investigate and verify the relevant facts with the parties or persons which are not the parties:
(1) The civil judgment, ruling, or consent judgment may require supervision according to the law, but it is hard to determine only by consulting case files and examining existing materials.
(2) A judge may have committed an illegal act in civil trial proceedings.
(3) There may be a violation of the law in civil enforcement activities.
(4) Any other circumstances requiring investigation and verification.
Article 66 A people's procuratorate may take the following measures for investigation and verification:
(1) Consulting, requesting transfer of, or duplicating the relevant evidentiary materials.
(2) Interviewing the parties and persons which are not the parties.
(3) Consulting professionals and relevant departments or industry associations on specialized issues.
(4) Authorizing identification, appraisal, and audit.
(5) Examining physical evidence or conducting on-site investigation.
(6) Other measures necessary for finding the facts of the case.
In the course of investigation and verification, a people's procuratorate may not take compulsory measures such as restricting personal freedom or seizing, impounding, or freezing property.
Article 67 A people's procuratorate may consult the relevant professionals and the relevant departments or industry associations in writing or orally on specialized issues. If it is done orally, transcripts shall be made, to which the signature or seal of the consulted professional shall be affixed. A consulted professional's refusal to do so shall be noted in the transcripts.
Article 68 Where a people's procuratorate deems it necessary to conduct identification, appraisal, or audit on a specialized issue, it may authorize a qualified agency to do so.
If identification, appraisal, or audit has been conducted in the litigation process, generally, a people's procuratorate shall no longer authorize it again.
Article 69 A people's procuratorate may, as it deems necessary, examine physical evidence or conduct on-site investigation. The surveyors shall produce their credentials issued by the people's procuratorate, and invite the local basic-level organizations or the employers of the parties to assign persons to participate in the examination or investigation. The parties or their adult family members shall be present, and their refusals to be present shall not affect the proceeding of the examination or investigation.
The surveyors shall make transcripts on the examination or investigation process and result, to which the signatures or seals of the surveyors, the parties, and other parties invited to participate shall be affixed.
Article 70 Any investigation and verification need shall be proposed by the person assigned to handle the case and be subject to the approval of the person in charge of the department or the chief procurator.
Article 71 Any investigation and verification by a people's procuratorate shall be conducted jointly by two or more persons.
The signatures or seals of the investigators and the investigated parties shall be affixed to the investigation transcripts after verification by the investigated parties. Any investigated party's refusal to do so shall be noted in the transcripts.
Article 72 A people's procuratorate may order a people's procuratorate at a lower level or authorize a people's procuratorate in another city to conduct investigation.
In ordering or authorizing investigation, the people's procuratorate shall send a Notice of Ordering Investigation or a Letter of Authorizing Investigation, stating the matters to be investigated and verified, evidence clues, and requirements. The ordered or authorized people's procuratorate shall, within 15 days after receiving the Notice of Ordering Investigation or the Letter of Authorizing Investigation, complete investigation and verification and provide a written reply. If it cannot complete investigation for any objective reason, it shall provide a written reply to the ordering or authorizing people's procuratorate within the aforesaid time.
Where a people's procuratorate conducts investigation in another city, the local people's procuratorate shall cooperate with it.
Article 73 Where a people's procuratorate conducts investigation and verification, the relevant entities and individuals shall cooperate with it. Where any entity or individual refuses or impedes the investigation and verification, the people's procuratorate may provide procuratorial recommendations to the relevant entity or the superior authority thereof, and order the entity or individual to correct; and if any crime is suspected, transfer the case to the appropriate authority for handling.
Section 4 Suspension and Termination of Examination
Article 74 Under any of the following circumstances, a people's procuratorate may suspend examination:
(1) The natural person requesting supervision is dead, requiring waiting for the successor to indicate whether to continue the request.
(2) The legal person or other organization requesting supervision is terminated, and the successor to its rights and obligations has not been determined.
(3) The case must be based on the handling result of another case that has not been closed.
(4) Any other circumstances under which examination may be suspended.
To suspend examination, a people's procuratorate shall prepare an Examination Suspension Decision, and send it to the parties. Once the cause of suspension is eliminated, examination shall be resumed.
Article 75 Under any of the following circumstances, a people's procuratorate shall terminate examination:
(1) A people's court has ruled to permit a retrial or has corrected the illegal act.
(2) The requesting party has withdrawn its supervision request or the parties have reached a settlement agreement, without damaging national interests, public interests, or the lawful rights and interest of others.
(3) The natural person requesting supervision is dead, there is no successor or the successor has forgone the request, and no other violation of the law that requires supervision is discovered.
(4) The legal person or other organization requesting supervision is terminated, there is no successor to its rights and obligations or the successor has forgone the request, and no other violation of the law that requires supervision is discovered.
(5) It is discovered that an accepted case does not satisfy the conditions for acceptance.
(6) A case uncovered by the people's procuratorate in performing its functions does not require supervisory measures as found after examination.
(7) Any other circumstances under which examination shall be terminated.
To terminate examination, a people's procuratorate shall prepare an Examination Termination Decision and, if required, send it to the parties.
Chapter VI Supervision over Effective Judgments, Rulings, and Consent Judgments
Section 1 General Rules
Article 76 A people's procuratorate which discovers that an effective civil judgment or ruling rendered by a people's court falls under any of the circumstances as set out in Article 200 of the Civil Procedure Law of the People's Republic of China shall offer retrial procuratorial recommendations to or file an appeal with the people's court according to the law.
Article 77 A people's procuratorate which discovers that a civil consent judgment has damaged national interests or public interests shall offer retrial procuratorial recommendations to or file an appeal with the people's court according to law.
Article 78 The following evidence shall be deemed the “new evidence” as mentioned in Article 200 (1) of the Civil Procedure Law of the People's Republic of China:
(1) Evidence existing before the close of the original court trial but discovered thereafter.
(2) Evidence discovered before the close of the original court trial, which cannot be obtained for any objective reason or cannot be provided during the prescribed period.
(3) Evidence based on which the expert or surveyor providing the original expert opinion or survey transcripts reverses the original opinion by conducting identification or evaluation or conducting survey again after the close of the original court trial.
(4) Primary evidence provided by the parties in the original trial but not cross-examined or identified in the original trial, which suffices to reverse the original judgment or ruling.
Article 79 Any of the following circumstances shall be deemed the circumstance that “the basic facts found in the original judgment or ruling are not evidenced” as prescribed in Article 200 (2) of the Civil Procedure Law of the People's Republic of China:
(1) There is no evidence to support the basic facts found or the basic facts found are based on false or inconclusive evidence.
(2) The evidence based on which the basic facts were found is illegal.
(3) The finding of the basic facts defies logic or daily-life rules.
(4) The basic facts found are otherwise not evidenced.
Article 80 Any of the following circumstances shall be deemed the circumstance that “the application of law is wrong” as prescribed in Article 200 (6) of the Civil Procedure Law of the People's Republic of China:
(1) The law applied is evidently inconsistent with the nature of the case.
(2) The finding of the parties to or the nature of legal relationships or the validity of legal conduct is wrong.
(3) The civil liability has been determined in evident contravention of an effective agreement reached by the parties or the provisions of any law.
(4) The law applied has expired or has not come into force.
(5) The provisions on the retroactivity of laws are violated.
(6) The rules on the applicable law are violated.
(7) The application of law has evidently contravened the legislative intent.
(8) The application of a statute of limitation is wrong.
(9) The application of law is otherwise wrong.
Article 81 Any of the following circumstances shall be deemed the circumstance that “the composition of the trial organization is illegal” as prescribed in Article 200 (7) of the Civil Procedure Law of the People's Republic of China:
(1) A case which should be tried by a collegial panel was tried by a sole judge.
(2) A people's assessor has participated in the trial of a case by a court of second instance.
(3) No new collegial panel is formed to retry a case or try a case remanded for a new trial.
(4) A person trying a case is not qualified for trying cases.
(5) A trial organization or a person trying a case is otherwise illegal.
Article 82 Any of the following circumstances shall be deemed the circumstance that “a party's right to debate is illegally denied” as prescribed in Article 200 (9) of the Civil Procedure Law of the People's Republic of China:
(1) A party is not allowed to exercise the right to debate or is gravely restricted from doing so.
(2) A court session should be held but was not held.
(3) The copy of the complaint or appeal is served in violation of the law, causing a party to be unable to exercise the right to debate.
(4) A party's right to debate is otherwise illegally denied.
Section 2 Retrial Procuratorial Recommendations and Requests for Appeal
Article 83 Where a local people's procuratorate at any level discovers that an effective civil judgment or ruling rendered by a people's court at the same level falls under any of the following circumstances, it may provide retrial procuratorial recommendations to the people's court at the same level:
(1) There is any new evidence which suffices to overturn the original judgment or ruling.
(2) The basic facts found in the original judgment or ruling are not evidenced.
(3) The primary evidence admitted in the original judgment or ruling for finding facts is forged.
(4) The primary evidence admitted in the original judgment or ruling for finding facts has not been cross-examined.
(5) For objective reasons, a party is unable to gather any primary evidence necessary for the trial of a case and applies in writing for the people's court to investigate and gather the evidence, but the people's court has not investigated and gathered the evidence.
(6) The composition of the trial organization is illegal or any judge who shall be disqualified in accordance with the law is not disqualified.
(7) The legal representative of a person without competency to participate in the action fails to participate in the action on behalf of the person or a party which shall participate in the action fails to participate in the action, which is not attributable to the fault of the party or the litigation representative thereof.
(8) A party's right to debate is illegally denied.
(9) A default judgment is entered against a party which has not been summonsed.
(10) The original judgment or ruling has omitted any claims or exceeded the claims of the parties.
(11) The legal instrument on which the original judgment or ruling is based has been revoked or modified.
Article 84 Where a case described in Article 83 of these Rules falls under any of the following circumstances, a local people's procuratorate at any level shall request the people's procuratorate at the next higher level to file an appeal:
(1) The judgment or ruling is rendered by the people's court at the same level upon retrial.
(2) The judgment or ruling is rendered upon deliberation by the judicial committee of the people's court at the same level.
(3) It is otherwise inappropriate to correct the judgment or ruling through retrial by the people's court at the same level.
Article 85 Where a local people's procuratorate at any level discovers that an effective civil judgment or ruling rendered by a people's court at the same level falls under any of the following circumstances, it shall request the people's procuratorate at the next higher level to file an appeal:
(1) The application of law in the original judgment or ruling is wrong.
(2) Any judge has committed embezzlement, accepted bribes, practiced favoritism or adjudicated by bending the law in trying the case.
Article 86 Where a local people's procuratorate at any level discovers that a civil consent judgment has damaged national interests or public interests, it may provide retrial procuratorial recommendations to the people's court at the same level or request the people's procuratorate at the next higher level to file an appeal.
Article 87 For a case retried by a people's court after adopting retrial procuratorial recommendations, generally, the people's procuratorate providing the retrial procuratorial recommendations may not request the people's procuratorate at a higher level to file an appeal.
Article 88 To provide retrial procuratorial recommendations, a people's procuratorate shall prepare the written Retrial Procuratorial Recommendations, transfer it and the case files to the people's court at the same level within 15 days of the decision to provide retrial procuratorial recommendations, prepare a Notice of the decision to provide retrial procuratorial recommendations, and send it to the parties.
The retrial procuratorial recommendations of a people's procuratorate shall be subject to the decision of the procuratorial committee of the people's procuratorate, and the written Retrial Procuratorial Recommendations shall be submitted to the people's procuratorate at the next higher level for recordation.
Article 89 To request an appeal, a people's procuratorate shall prepare a Report on Requesting an Appeal, transfer it and the case files to the people's procuratorate at the next higher level within 15 days of the decision to request an appeal, prepare a Notice of the decision to request an appeal, and send it to the parties.
Article 90 Where a people's procuratorate considers that a party's supervision request does to satisfy the conditions for providing retrial procuratorial recommendations or requesting an appeal, it shall make a decision not to support the request, and within 15 days of the decision, prepare a Decision Not to Support a Supervision Request and send it to the party.
Section 3 Appeal
Article 91 Where the Supreme People's Procuratorate discovers that any effective civil judgment, ruling, or consent judgment rendered by a people's court at any level, or a people's procuratorate at a higher level discovers that any effective civil judgment, ruling, or consent judgment rendered by a people's court at a lower level, falls under any of the circumstances as set out in Articles 200 and 208 of the Civil Procedure Law of the People's Republic of China, it shall file an appeal with the people's court at the same level.
Article 92 To file an appeal, a people's procuratorate shall prepare a written Appeal, transfer it and the case files to the people's court at the same level within 15 days of the decision to file an appeal, prepare a Notice of the decision to file an appeal, and send it to the parties.
Article 93 Where a people's procuratorate considers that a party's supervision request does to satisfy the conditions for appeal, it shall make a decision not to support the supervision request, and within 15 days of the decision, prepare a Decision Not to Support a Supervision request and send it to the party. If appeal is requested by a people's procuratorate at a lower level, the people's procuratorate at a higher level may authorize the people's procuratorate at a lower level to send the Decision Not to Support a Supervision request to the party.
Section 4 Appearance in Court
Article 94 Where a people's court retries a case appealed by a people's procuratorate, the people's procuratorate shall send personnel to appear in court.
Article 95 Where a people's court accepting an appeal assigns the appeal case to a people's court at a lower level for retrial, the people's procuratorate filing the appeal may order the people's procuratorate at the same level as the people's court retrying the case to send personnel to appear in court.
Article 96 The tasks of procurators appearing in court at a retrial are:
(1) to read the written appeal; and
(2) to adduce and explain the evidence investigated in performing their functions.
If the procurators discover any violation of the law in court trial, procuratorial recommendations shall be provided in the name of the people's procuratorate after the court adjourns or after the court trial is closed.
Chapter VII Supervision over Illegal Acts of Judges in Trial Proceedings
Article 97 The trial procedures as mentioned in paragraph 3 of Article 208 of the Civil Procedure Law of the People's Republic of China shall include:
(1) the formal procedure at first instance;
(2) the summary procedure;
(3) the procedure at second instance;
(4) the special procedures;
(5) the trial supervision procedure;
(6) the procedure for urging debt repayment;
(7) the procedure for announcement to urge declaration of claims;
(8) the special maritime procedure; and
(9) the bankruptcy procedure.
Article 98 Paragraph 3 of Article 208 of the Civil Procedure Law of the People's Republic of China shall apply to judges, people's assessors, and clerks.
Article 99 Where a people's procuratorate discovers that a people's court at the same level falls under any of the following circumstances in civil trial proceedings, it shall provide procuratorial recommendations to the people's court at the same level:
(1) The judgment or ruling is wrong, but it cannot be corrected under the retrial procedure.
(2) The mediation has violated the principle of free will or any content of the mediation agreement has violated the law.
(3) The statutory conditions for instituting and accepting an action have been satisfied, and the action should be docketed but is not docketed.
(4) The trial procedure applied to the case is wrong.
(5) The preservation or advance enforcement has violated the law.
(6) The payment order has violated the law.
(7) The suspension or termination of proceedings has violated the law.
(8) The statutory trial period has been violated.
(9) The compulsory measure taken against a party for obstructing civil proceedings, such as fine or detention, has violated the law.
(10) The service of process has violated the law.
(11) A judge has accepted any treat or gift from a party or a representative thereof or has met a party or a representative thereof in violation of the relevant provisions.
(12) A judge has committed an act of obstructing civil proceedings or has instigated, provided support for, or instructed others to do so, but not criminally punishable.
(13) Other violations of the law.
Article 100 To provide procuratorial recommendations under Article 99 of these Rules, a people's procuratorate shall prepare the written Procuratorial Recommendations, transfer it and the case files to the people's court at the same level within 15 days of the decision to provide procuratorial recommendations, prepare a Notice of the decision to provide procuratorial recommendations, and send it to the requesting party.
Article 101 Where a people's court considers that the illegal act of a judge in trial proceedings alleged by a party in the supervision request does not exist or is not an illegal act, it shall make a decision not to support the supervision request, and within 15 days of the decision, prepare a Decision Not to Support a Supervision request and send it to the requesting party.
Chapter VIII Supervision over Enforcement Activities
Article 102 The people's procuratorates shall exercise legal supervision over the violations of the law by the people's courts in civil enforcement activities.
Article 103 To provide procuratorial recommendations on civil enforcement activities, a people's procuratorate shall, upon decision of the procuratorial committee, prepare the written Procuratorial Recommendations, transfer it and the case files to the people's court at the same level within 15 days of the decision, prepare a Notice of the decision to provide procuratorial recommendations, and send it to the parties.
Article 104 Where a people's procuratorate considers that the enforcement activity of a people's court alleged by a party in the supervision request has not violated the law, it shall make a decision not to support the supervision request, and within 15 days of the decision, prepare a Decision Not to Support a Supervision request and send it to the requesting party.
Chapter IX Case Management
Article 105 The case management department of a people's procuratorate shall apply the process monitoring, ex post check, statistical analysis, information inquiry, and comprehensive evaluation, among others, to supervision cases, and manage, oversee, and provide early warnings for the case handling time limit, procedure, and quality, among others.
Article 106 Where the civil procuratorial department of a people's procuratorate makes any of the following decisions in handling a case, it shall register the decision with the case management department of the people's procuratorate within three days of the decision:
(1) A decision to suspend or resume examination.
(2) A decision to terminate examination.
Article 107 Where the case management department of a people's procuratorate discovers that a case handling department or person of the people's procuratorate falls under any of the following circumstances in handling a supervision case, it shall provide a corrective opinion in a timely manner:
(1) A legal instrument is inappropriately used or contains any evident error or omission.
(2) The case is not closed during the statutory case handling period without a good reason.
(3) The procedural rights of any party or the litigation representative thereof have been violated.
(4) The legal supervision duties over illegal acts in civil trial proceedings or enforcement activities are not performed according to the law.
(5) The case is otherwise handled in violation of the relevant provisions.
If the above circumstances are minor, the case management department may verbally remind the case handling department or person; if the circumstances are relatively serious, the case management department shall send a Case Process Monitoring Notice to the case handling department, reminding it to verify the relevant facts and make correction in a timely manner; or if the circumstances are serious, the case management department shall send a Case Process Monitoring Notice to the case handling department and report it to the chief procurator.
Within five days of receiving the Case Process Monitoring Notice, the case handling department shall provide a written reply on the verification result to the case management department.
Article 108 The case management department of a people's procuratorate shall oversee and manage the legal instruments on supervision over civil proceedings issued in the name of the people's procuratorate.
Article 109 Where, after completing the handling of a supervision case, a people's procuratorate needs to transfer the case files to any other entity, the case management department shall be solely responsible for checking whether the materials to be transferred are in the required form and complete. If the case management department considers that the materials are in the required form and complete and satisfy the conditions for transfer, the materials shall be immediately transferred by the relevant department according to the relevant provisions; or if the case management department considers that the materials fail to satisfy the prescribed requirements, it shall, in a timely manner, notify the case handling department of providing supplements or making correction.
Article 110 The case management department of the people's procuratorate shall be responsible for receiving a civil judgment, ruling, or consent judgment served by a people's court on a people's procuratorate, and immediately register it and transfer it to the civil procuratorial department of the people's procuratorate.
Article 111Where, in the handling of a supervision case by a people's procuratorate, a party or the litigation representative thereof files an application or a request or submits any relevant written material, the case management department of the people's procuratorate shall be responsible for receiving it and, if required, issuing the relevant acknowledgement. After receiving the relevant material, the case management department shall, in a timely manner, transfer it to the civil procuratorial department.
Chapter X Other Provisions
Article 112 Under any of the following circumstances, a people's procuratorate may provide procuratorial recommendations on improvement of work:
(1) The application of law by the people's court to the same kind of issues in civil proceedings is inconsistent.
(2) The people's court has made the same kind of mistakes in the application of law in multiple cases.
(3) The people's court has committed the same kind of illegal acts in multiple cases.
(4) The working system, management method, or working procedure of a relevant entity is illegal or inappropriate, requiring correction or improvement.
Article 113 Where the civil procuratorial department of a people's procuratorate discovers any suspected criminal act in the course of performing duties, it shall, in a timely manner, transfer the clues on the criminal act and relevant materials to the relevant operating department of the people's procuratorate.
Where an operating department of a people's procuratorate discovers in the course of handling cases that any judge or any of the enforcement personnel of a people's court has committed an illegal act such as committing embezzlement, accepting bribes, practicing favoritism, or adjudicating by bending the law, which may cause the original judgment or ruling to be wrong, it shall, in a timely manner, report to the civil procuratorial department of the people's procuratorate.
Article 114 Where a people's procuratorate, after providing a supervision opinion to a people's court or a relevant authority, discovers that the supervision opinion is erroneous or needs to be withdrawn under other circumstances, the opinion shall be withdrawn with the approval of the chief procurator or upon decision of the procuratorial committee.
Where a people's procuratorate at a higher level discovers that the supervision conducted by a people's procuratorate at a lower level is wrong or inappropriate, it shall order the people's procuratorate at the lower level to withdraw the supervision opinion, and the people's procuratorate at the lower level shall obey the order.
Article 115 Where a people's court provides any recommendations on the supervisory action of a people's procuratorate, the people's procuratorate shall provide a written reply on the handling result to the people's court within one month. If the people's court refers any objection to the reply to the people's procuratorate at the next higher level through the people's court at the next higher level, the people's procuratorate at the next higher level shall, if deeming that the recommendations from the people's court are correct, require the people's procuratorate at the lower level to make correction in a timely manner.
Article 116 After a people's court renders a judgment or ruling or any other handling decision after retrial of a supervision case, the people's procuratorate providing the supervision opinion shall review the handling result, and fill out a Registration Form for the Review of the Handling Result of a Supervision case over Civil Proceedings.
Article 117 Under any of the following circumstances, a people's procuratorate shall conduct follow-up supervision or request supervision by a people's procuratorate at a higher level according to the relevant provisions:
(1) The judgment, ruling, or consent judgment rendered by the people's court after trial of a civil appeal from the people's procuratorate still satisfies the conditions for appeal by the people's procuratorate.
(2) The people's court fails to handle and reply in writing on the procuratorial recommendations provided by the people's procuratorate, within the prescribed period.
(3) The result of handling the procuratorial recommendations by the people's court is erroneous.
Article 118 Where a local people's procuratorate considers that the application of law is difficult or complex in a major supervision case and it is hard for the court to make a decision on the case, it may submit a request for instructions to the people's procuratorate at the next higher level.
Cases requiring instructions shall be handled according to the relevant provisions issued by the Supreme People's Procuratorate on the handling of requests for instructions from the people's procuratorates at lower levels and the filing of official documents by the people's procuratorates at lower levels with the Supreme People's Procuratorate.
Article 119 Legal instruments on supervision over civil proceedings shall be made in the prescribed formats.
The provisions on the formats of legal instruments on supervision over civil proceedings shall be issued additionally.
Article 120 The people's procuratorates may send legal instruments by reference to the relevant provisions of the Civil Procedure Law of the People's Republic of China.
Article 121 A people's procuratorate shall make a Correction Decision to correct any clerical errors discovered in a legal instrument prepared by it.
Article 122 The people's procuratorates handling supervision cases shall create files for such cases according to the relevant provisions.
Article 123 The people's procuratorates shall not charge case acceptance fees for the handling of supervision cases. Fees for requesting copying, identification or evaluation, audit, and survey, among others, shall be directly paid by the requesting parties to the relevant institutions or entities, and the people's procuratorates may not collect or pay such fees on behalf of them.
Chapter XI Supplemental Provisions
Article 124 These Rules shall come into force on the date of issuance. For any discrepancies between these Rules and provisions previously issued by the Supreme People's Procuratorate, these Rules shall prevail.