Party conduct and clean government construction
[Prosecutorial history ①] Early exploration and attempt of the people's procuratorial system
Time: April 14, 2021 Author: News source: [Font size: large | in | Small

   Introduction  

The people's procuratorial system is an important part of the people's political power. The history of the people's procuratorial system is closely linked with the history of the CPC leading the people to build political power. This year marks the 90th anniversary of the founding of the people's procuratorial system under the leadership of the Party. This website specially opens a column called "Procuratorial History" to review the ups and downs of the people's procuratorial cause, record the historical track of the people's procuratorial cause, let history tell the present, and let history enlighten the future.

In October 1927, Mao Zedong led the Autumn Harvest Uprising Army to Jinggangshan and began the struggle to create a rural revolutionary base, which opened up a correct path for the victory of the Chinese revolution to "encircle the cities in the countryside and seize power with arms", which was a great creation in the history of Chinese revolutionary struggle. Since then, the Party has established more than ten revolutionary bases and established the Soviet regime. The revolutionary regime needs the revolutionary legal system to defend it. From November 7 to 20, 1931, the first National Congress of the Chinese Soviet was held in Ruijin, Jiangxi Province. The Provisional Central Government of the Chinese Soviet Republic was established, which established the regime of the Chinese Soviet Republic and the people's judicial system, including the people's procuratorial system. The people's procuratorial work is rooted in the Red Capital, which is the glorious starting point of the people's procuratorial work.

The highest authority of the Chinese Soviet Republic is the National Soviet Congress, and the highest authority during the closing period of the Congress is the Central Executive Committee. The People's Committee is the administrative organ of the Central Executive Committee. The Soviet area did not establish a procuratorial organ that had a self-contained system and independently assumed all the procuratorial functions. The procuratorial functions were undertaken by the chief procurator of the court (judicial department), the procurator, the procuratorial department of workers and peasants, the National Political Security Bureau, the military inspection office and other institutions.

Before the establishment of the Soviet Republic of China, there were nearly 10 revolutionary bases and Soviet regimes in China. Among them, the National Public Prosecutor and the National Public Prosecution Office set up in the Revolutionary Court of Hubei Henan Anhui Soviet Area in July 1931 are the first full-time procurators and specialized procuratorial institutions in the history of people's procuratorial work.

In February 1932, the Provisional Supreme Court of the Chinese Soviet Republic was established, with He Shuheng as its chairman. In February 1934, Dong Biwu became the second chairman. In the same month, the Supreme Court was established, with Dong Biwu as its president. According to the Organic Law of the Central Soviet, the Provisional Organic Law of the Local Soviet (Draft), the Provisional Organization and Judgement Regulations of the Magistrates' Department and other laws and regulations, the Supreme Court has a Procurator General, a Deputy Procurator General and several prosecutors; The provincial judicial department has one chief procurator and one deputy procurator; The county judicial department shall have one procurator; The District Magistrates Department shall not have inspectors. The chief procurators and procurators in the Supreme Court and the judicial departments at all levels are mainly responsible for pre-trial (review and prosecution) and representing the country in court to report (appear in court for public prosecution).

The Ministry of Industry and Agriculture Procuratorate is responsible for inspecting and supervising the implementation of Soviet platforms, laws, decrees, guidelines and policies and the performance of duties by Soviet organs, enterprises and their staff. It is the legal and disciplinary supervision organ of the Soviet region, and has both supervisory and procuratorial functions. At the central level, it was called the Central Workers' and Peasants' Procuratorial People's Committee, which was renamed the Central Workers' and Peasants' Procuratorial Committee after the Second National Congress of the Chinese Soviet in February 1934; The Soviet government at the provincial, county and district levels set up workers and peasants procuratorial departments, and cities set up workers and peasants procuratorial sections. Under the jurisdiction and guidance of the Ministry of Workers and Peasants Procuratorate, there are also mass organizations such as commandos, light cavalry teams, workers and peasants procuratorial correspondents.

The State Political Security Bureau is a special organ of the Soviet regime to suppress counter revolutionary activities. It has the power to investigate, arrest and pretrial cases under its jurisdiction. The State Political Security Bureau has branches in provinces, cities directly under the Central Government, counties and provincial cities, special commissioners in districts and county cities, and corresponding political security organs in the Red Army. The political security bureaus at the upper and lower levels shall follow the principle of strict vertical leadership, and the internal department shall adopt a strict centralized system of directors.

The military inspection office is the military procuratorial organ in the Soviet area, standing side by side with the military judicial organ. The Provisional Regulations on the Organization of Military Adjudication Offices promulgated in February 1932 stipulates that "primary military inspection offices and senior military inspection offices shall be set up at the locations of military adjudication offices at the junior and senior levels." "The military inspection office is the plaintiff organ representing the state against military criminals. It can inspect all criminal cases in the army and related to the military, and can file a public prosecution to the court. It can represent the state in court when the trial is held."

In October 1935, the CPC Central Committee and the main force of the Red Army arrived in northern Shaanxi after the Long March. On November 3 of the same year, the Northwest Office of the Provisional Central Government of the Soviet Republic of China was established, which consists of seven departments and one bureau. Luo Ziming was appointed Director of the Bureau of Industry and Agriculture Prosecutors. On February 13, 1937, the Ministry of Justice of the Central Committee issued the first order, requiring the establishment and improvement of the organization of the judicial department, emphasizing that "within the adjudication, prosecutors and trial staff should also be clear". On February 22 of the same year, the second decree was issued, which determined that the Supreme Court should have a national prosecutor general, and provincial and county judicial departments should have national prosecutors to exercise procuratorial power on behalf of the country.

The people's procuratorial work during the Agrarian Revolutionary War was an early exploration and attempt of the people's procuratorial system, which provided important historical experience for the procuratorial system of New China.