Party conduct and clean government construction
[Prosecutorial history ⑩] People's procuratorial work in the early days of the founding of New China and the exploration of the road to socialist construction
Time: May 14, 2021 Author: News source: [Font size: large | in | Small

   On September 21, 1949, on the eve of the national victory of the Chinese people's struggle for liberation, the first plenary session of the Chinese People's Political Consultative Conference was held in Peiping. The meeting shouldered the great trust of the times and the people, elected the Central People's Government Committee of the People's Republic of China on behalf of the will of the people of the whole country, and formulated two historic founding documents - the Common Programme of the Chinese People's Political Consultative Conference and the Organic Law of the Central People's Government of the People's Republic of China, It has laid a political and legal foundation for the establishment of the new Chinese national system.  

   According to the provisions of the Common Programme of the Chinese People's Political Consultative Conference and the Organic Law of the Central People's Government of the People's Republic of China, the Central People's Government organizes the Supreme People's Procuratorate as the highest procuratorial organ of the country. The Procurator General, Deputy Procurators General and members of the Supreme People's Procuratorate are appointed and removed by the Central People's Government Commission. The functions and powers of the Supreme People's Procuratorate are to strictly abide by the law and bear the highest procuratorial responsibility for government agencies, public servants and the whole nation.  

   On October 1, 1949, the Central People's Government appointed Luo Ronghuan as Procurator General of the Supreme People's Procuratorate. On October 22 of the same year, the procuratorial committee meeting of the Supreme People's Procuratorate held its first meeting in Zhongnanhai Diligent Palace. Procurator General Luo Ronghuan announced the establishment of the Supreme People's Procuratorate, and requested that the organizational outline of the Procuratorate be formulated as soon as possible, and institutions be established as soon as possible to carry out procuratorial work. On November 1, 1949, the Supreme People's Procuratorate officially opened the seal. On December 20 of the same year, Chairman Mao Zedong approved the Organization Regulations of the Supreme People's Procuratorate of the Central People's Government for Trial Implementation. This is the first separate regulation on the procuratorial system in New China.  

   On February 21, 1950, Chairman Mao Zedong approved the Outline of the Work Plan of the Supreme People's Procuratorate for 1950, which made it clear that the first task of procuratorial organs in 1950 was to establish procuratorial organs at all levels. On September 4, 1950, the Central Committee of the Communist Party of China issued the Instruction on the Establishment of Procuratorial Organs to the whole party, requiring the people's procuratorial offices at all levels to be universally established in 1951. It is precisely because of the attention of the Party Central Committee and the Central People's Government that the plan to focus on the establishment of people's procuratorial organs in 1950 was basically realized. By the end of the year, all the procuratorial branches of the Supreme People's Procuratorate in the five major administrative regions of the country had been established, 47 procuratorial organs had been established in 50 provinces, municipalities directly under the Central Government and administrative regions at the provincial level, and people's procuratorial offices had been established in some key special regions, cities and counties.  

   From July 26 to August 1, 1950, with the approval of the Central People's Government, the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of Justice and the Legislative Affairs Commission jointly convened the first National Judicial Conference and the first National Procuratorial Work Conference. In order to strengthen the construction of the people's procuratorial system, the Supreme People's Procuratorate stepped up its legislative work on the procuratorial system in accordance with the spirit of the first National Judicial Conference. On the basis of the implementation of the Tentative Organization Regulations of the Supreme People's Procuratorate of the Central People's Government, the Interim Organization Regulations of the Supreme People's Procuratorate of the Central People's Government were drafted, and the General Principles for the Organization of Local People's Procuratorates at All Levels were further revised. These two legal documents have been implemented for three years to promote the construction of the procuratorial system in New China.  

   The establishment of the procuratorial organ was carried out under rather difficult conditions. Because the procuratorial organs in the new democratic revolution period did not continue, when the procuratorial organs in New China were created, they had neither organizational foundation nor work experience, and had to start from scratch. In addition, due to the lack of tradition of democracy and the rule of law in Chinese history, procuratorial work is a new work. What is its nature and task, and why the public security organ and the people's court should set up procuratorial organs, etc. are rarely understood by people, and even the one-sided view of "dispensable" procuratorial organs has emerged. In the face of this situation, the newly established procuratorial organ and the procuratorial cadres who have just taken up new posts did not wait passively, but relied on the leadership of the Party committees at all levels. On the one hand, they widely publicized procuratorial work, on the other hand, they actively participated in the social reform, suppression of counter revolution, "three counter revolutionaries", "five counter revolutionaries" and other practical struggles at that time, relying on the masses, working hard, and with limited human and material resources, Focusing on the key points, handling major cases, prosecuting key criminals, and rehabilitating unjust jails have demonstrated the important role of procuratorial work and expanded the influence of procuratorial organs with practical achievements.  

   After the basic completion of land reform and other social reforms in New China, the CPC Central Committee announced the general line and tasks for the transition period. From 1953, China entered the period of socialist transformation and large-scale economic construction, and began to implement the first five-year plan for national construction. In order to ensure the realization of the general line and task, the Central Committee of the Communist Party of China attaches great importance to the country's legal construction. From September 15 to 28, 1954, the first session of the First National People's Congress of the People's Republic of China was held in Beijing, which promulgated the first Constitution of New China, changed the "People's Procuratorate" to "People's Procuratorate", and clarified the constitutional status of procuratorial organs; The meeting elected Zhang Dingcheng as the Procurator General of the Supreme People's Procuratorate; The Organic Law of the National People's Congress, the Organic Law of Local People's Congresses and Local People's Committees at All Levels, and the Organic Law of People's Procuratorates have been passed, establishing the system of nominating candidates for chief procurators of people's procuratorates at all levels, the system of attending people's congresses as nonvoting delegates, and the system of appointment and removal, and systematically stipulating the establishment, functions and powers, and procedures for exercising functions and powers of people's procuratorates, The principles of organization and activities further improved and perfected the people's procuratorial system of New China. The people's procuratorial system has opened a new chapter.  

   The period from 1954 to the first half of 1957 was a good period for the development of the people's procuratorial cause. The system of procuratorial organizations across the country was basically completed, and people's procuratorates at all levels carried out various business work according to law.  

   In terms of organizational structure, in August 1954, the branches of the Supreme People's Procuratorate in the five administrative regions of Northeast, Northwest, East China, Central South and Southwest were abolished with the dissolution of each administrative region; In January 1955, the Railway Water Transport Procuratorate of the Supreme People's Procuratorate was established; In September 1955, the Military Procuratorate of the Supreme People's Procuratorate was established; By the end of 1955, people's procuratorates across the country had basically been established; The internal organs of the Supreme People's Procuratorate have also been re established. In June 1958, the Supreme People's Procuratorate established the Tibet Branch of the Supreme People's Procuratorate.  

   In terms of professional work, the people's procuratorates at all levels have all taken on the task of examining, approving and prosecuting arrests. Progress has also been made in the supervision of trials and the implementation of penalties. In 1956, a total of 2700 cases were protested by people's procuratorates at all levels in accordance with the appeal procedure and the trial supervision procedure. Of the 1429 cases that were retried by the court that year, 1159 cases decided to change their sentences and send them back for retrial, accounting for 81.11%. This has played a good role in the correct implementation of the law, the prevention and correction of unjust, false and wrong cases, and the phenomenon of misdemeanor and misdemeanor. In terms of general supervision and handling of people's complaints, procuratorial organs at all levels have also done a lot of work, handling a number of cases of violations of law and discipline; Some pilot projects have been carried out to participate in civil litigation.  

   In 1957, the anti rightist struggle expanded, and the Party's guiding ideology began to show "Left" deviations. The "Great Leap Forward" movement in 1958 and the anti rightist struggle after the Lushan Conference in 1959 further perpetuated the "Left" mistakes. After the impact of these three movements, a "wind of cancellation" of the procuratorial organs blew up from the central to the local, which had a serious impact on the procuratorial work. In November 1960, the Ministry of Public Security, the Supreme People's Procuratorate and the Supreme People's Court jointly operated, and the Supreme People's Procuratorate retained only twenty or thirty people.  

   On the whole, the People's Procuratorate 17 years after the founding of New China has established the constitutional status of the procuratorial organ, and the national institutional system of "one government, two courts" has been basically finalized; The procuratorial organs and teams have made great progress and gradually played an important role in safeguarding the unified and correct implementation of laws in national political and social life. At the same time, due to various factors, the procuratorial work has also been questioned and impacted. The procuratorial system and working mechanism in line with the national conditions are in practice and exploration.