Party conduct and clean government construction
[Prosecutorial History ⑥] Prosecutorial System of Shaanxi Gansu Ningxia Border Region
Time: April 23, 2021 Author: News source: [Font size: large | in | Small

On July 7, 1937, the "Lugouqiao Incident" broke out, and the Japanese imperialists launched a comprehensive war of aggression against China. The national contradiction between China and Japan quickly rose to the main national contradiction. "Stop the civil war and resist Japan unanimously" became the common voice of the people of all ethnic groups in the country. At a critical juncture when the Chinese nation is facing national subjugation and extinction, the Kuomintang and the Communist Party, which have fought for ten years in the civil war, finally shook hands and began the second Kuomintang Communist cooperation. On July 17, 1937, the Kuomintang officially recognized the legitimate status of the Shaanxi Gansu Ningxia revolutionary base area. On September 6, 1937, in order to meet the needs of the Anti Japanese National United Front and change the hostile situation between the two regimes, the Northwest Office of the Provisional Central Government of the Soviet Republic of China was officially renamed the Shaanxi Gansu Ningxia Border Region Government With the establishment of the anti Japanese democratic regime and the promotion of legal construction, the procuratorial system in the Shaanxi Gansu Ningxia Border Region has gradually developed

   Procuratorial Office of the Higher Court of the Shaanxi Gansu Ningxia Border Region  

   [Prosecutorial History ⑥] Prosecutorial System of Shaanxi Gansu Ningxia Border Region

Former site of the gate and office of the High Court of Shanshan Shanshan Ganning Border Region in Longwan, Yan'an

On July 12, 1937, the High Court of the Shaanxi Gansu Ningxia Border Region was officially established, with Xie Juezai as its president. In January 1939, the first session of the Senate of the Shaanxi Gansu Ningxia Border Region decided to set up a procuratorial office in the High Court of the Shaanxi Gansu Ningxia Border Region, with a chief procurator and procurators in it. It is directly under the leadership and jurisdiction of the High Court and independently exercises procuratorial functions and powers. After the establishment of the Procuratorial Division of the High Court, it cooperated with the security organs and the judicial organs, fully used its procuratorial functions, and played an important role in combating the enemy, protecting the people, and consolidating the revolutionary regime.

   [Prosecutorial History ⑥] Prosecutorial System of Shaanxi Gansu Ningxia Border Region

Realistic view of the People's Procuratorate Museum. In the Shaanxi Gansu Ningxia Border Region, the Procurator General and procurators work in caves like this

In March 1941, Li Mu'an was appointed as the Procurator General of the High Court, and the procuratorial system has undergone major changes: the procuratorial work is directly responsible to the Border Region Council, under the direct leadership of the Border Region Government, and administrative affairs are still under the jurisdiction of the High Court. This is an important measure for the development of the procuratorial system from the Joint Office of Trial and Inspection to the coexistence of trial and inspection. However, after a short time, the Border Region carried out the policy of "streamlining the administration", and the procurators of the procuratorial offices and counties were dismissed at the same time. The procuratorial work was undertaken by the courts and security agencies respectively.

In December 1945, the Shaanxi Gansu Ningxia Border Region Judicial Conference proposed to re-establish the procuratorial system. On May 5, 1946, the Permanent Meeting of the Third Senate of the Shaanxi Gansu Ningxia Border Region decided to set up a procuratorial office in the Border Region High Court, and approved the appointment of Ma Dingbang as the Procurator General.

   The First Procuratorial Business Research Association  

   [Prosecutorial History ⑥] Prosecutorial System of Shaanxi Gansu Ningxia Border Region

Report on the First Procuratorial Business Research Conference in the Judicial Newsletter compiled by the Higher Court of the Shaanxi Gansu Ningxia Border Region

On July 23, 1946, the procuratorial office of the Higher Court of the Shaanxi Gansu Ningxia Border Region held the first procuratorial business seminar, which was chaired by Procurator General Ma Dingbang, and discussed the scope, organization and working system of procuratorial work.

This is the only seminar on procuratorial work before the founding of New China, which shows that the procuratorial organs in the Shaanxi Gansu Ningxia Border Region have begun to attach importance to the construction of procuratorial work. The prosecutorial research association not only promoted the improvement of the professional quality of the border area prosecutors, but also set a model for the construction of prosecutorial business after the founding of the People's Republic of China.

   Shaanxi Gansu Ningxia Border Region High Procuratorate  

   [Prosecutorial History ⑥] Prosecutorial System of Shaanxi Gansu Ningxia Border Region
 [Prosecutorial History ⑥] Prosecutorial System of Shaanxi Gansu Ningxia Border Region

The Provisional Procuratorial Regulations of the Shaanxi Gansu Ningxia Border Region, which has detailed provisions on the procuratorial organ's case handling procedures, is the first separate regulation on procuratorial case handling procedures before the founding of New China

On October 19, 1946, the government of the Shaanxi Gansu Ningxia Border Region issued an order to change the procuratorial office of the Higher Court of the Shaanxi Gansu Ningxia Border Region into the "Higher Procuratorial Office of the Shaanxi Gansu Ningxia Border Region", with higher procuratorial sub offices in each district and procuratorial offices in each county (city).

In October 1946, the government of the Shaanxi Gansu Ningxia Border Region promulgated the Provisional Procuratorial Regulations of the Shaanxi Gansu Ningxia Border Region, which stipulated in detail the procedures to be followed by procuratorial organs in handling various cases. This is the first special law on procuratorial procedures before the founding of New China, which fills the gap in the legislation of procuratorial procedures during the new democratic revolution, and has a greater reference and guidance role for the procuratorial legislation of New China.

   [Prosecutorial History ⑥] Prosecutorial System of Shaanxi Gansu Ningxia Border Region

The Order of the Government of the Shaanxi Gansu Ningxia Border Region stipulates the functions and powers, organization and leadership of procuratorial organs at all levels

On November 12, 1946, the government of the Shaanxi Gansu Ningxia Border Region issued an order specifying the powers, organization and leadership of procuratorial organs at all levels. The procuratorial organization established this time is quite different from that in the past. First, the separation system of trial and prosecution has been implemented in the procuratorial system, which has completely changed the previous practice of "joint office of trial and prosecution" or "configuration system"; Second, in terms of the leadership relationship, it is under the leadership of the border region government and no longer under the leadership of the High Court. Due to the war environment, the procuratorial organ was not established independently in fact.

In February 1949, the government of the Shaanxi Gansu Ningxia Border Region and the High Court jointly decided that the procuratorial system could not be established temporarily because of the shortage of cadres, and their duties would still be carried out by the public security organs and mass organizations. Nevertheless, this is an organization system of procuratorial organs that was formally established before the founding of New China. It marks that the procuratorial system of the Shaanxi Gansu Ningxia Border Region has begun to mature and is the embryonic form of the people's procuratorial system of New China.