The Supreme People’s Procuratorate issued guidance on the Construction and Management of the Hearing Staff Database of the People’s Procuratorates

2022-06-10 0 By

The People’s Procuratorates of all Provinces, Autonomous Regions and Municipalities directly Under the Central Government, the Military Procuratorates of the People’s Liberation Army, and the People’s Procuratorates of Xinjiang Production and Construction Corps:The Guiding Opinions on the Construction and Management of the Hearing Staff Database of the People’s Procuratorate were adopted at the 85th Meeting of the 13th Procuratorial Committee of the Supreme People’s Procuratorate on January 5, 2022.Now print you, please carefully comply with the implementation.Article 1 With a view to promoting the comprehensive and in-depth development of procuratorial hearing work and standardizing the construction and management of the hearing staff database, these Opinions are formulated in accordance with the Provisions of the People’s Procuratorates on Examining Cases hearing work and other provisions and in light of the actual work conditions.Article 2 The people’s procuratorates at or above the city level divided into districts shall, according to their needs, establish a database of hearing officers, which shall serve as the main source of hearing officers for the procuratorates within their jurisdiction.Grass-roots procuratorates may also be established where conditions permit.Article 3 The case management department of the People’s Procuratorate shall be responsible for the construction and administration of the database of hearing members.Article 4 The warehousing personnel shall meet the conditions prescribed in Article 7 of provisions on The Work of Examining Cases and Hearing of the People’s Procuratorate.(1) Recommended by state organs, mass organizations, enterprises, public institutions, social organizations and other units;(2) Release the announcement of soliciting members of the hearing staff database, and the applicants will sign up voluntarily.The people’s procuratorates shall pay attention to the recruitment of grass-roots representatives of the masses and professionals in law, medicine, economics, science and engineering who have certain experience in social work and are highly respected.Article 5 The people’s procuratorates shall reasonably determine the size and professional structure of the database of hearing officers in accordance with the number and types of cases handled within their jurisdiction within a certain period of time, and conduct classified management.If a person who has been admitted to the hearing staff database of another procuratorate needs to be admitted to the hearing staff database of the court, the consent of the person concerned shall be obtained.Article 6 the people’s procuratorate shall cancel the membership of the hearing officers database under any of the following circumstances :(1) to be given criminal punishment;(2) being dismissed from public office;(3) being revoked of his practicing certificate as a lawyer or a notary or removed from his name by an arbitration commission;(4) practicing fraud in the hearing;(5) engaging in favoritism and malpractice;(6) other circumstances that may affect judicial impartiality.The disqualified persons shall not be re-elected to the hearing staff database.Article 7 the people’s procuratorate may decide to remove a member of the database of hearing officers from the database under any of the following circumstances and notify him/her :(1) unable to perform the duties of a hearing officer due to personal reasons such as health;(2) the applicant applies in writing to cease to serve as a hearing officer;(3) being absent without reason twice after accepting the invitation for a hearing;(4) other circumstances in which it is inappropriate to continue to serve as a hearing officer.Article 8 The people’s Procuratorates shall exercise dynamic management over the members of the database of hearing officers and shall make them public.For the cancellation of the membership of the hearing officer database or the decision to exit the database, it shall timely exit the database;If it needs to be supplemented, it shall be supplemented promptly in accordance with regulations.Article 9 When a people’s procuratorate organizes a hearing, it shall generally select hearing members from the database of hearing members.If it is necessary to select hearing members from the database of procuratorates of other jurisdiction, it may consult with the relevant people’s procuratorates and choose them on a voluntary basis.Where it is necessary to invite persons from outside the database of hearing officers to serve as hearing officers, approval shall be obtained from the chief procurator.Article 10 The people’s procuratorate shall randomly select hearing members from the database of hearing members.If it is necessary to arrange hearing officers with professional knowledge to attend the hearing according to the type of the hearing case and the professional field involved in the proposed hearing matter, they shall be randomly selected from the corresponding category of members of the database of hearing officers.If there are no relevant professional members in the database of hearing officers, they may invite professionals from outside the database of hearing officers to serve as hearing officers.Article 11 The people’s procuratorate shall establish work files for the warehousing-in hearers and make performance evaluation records.The hearing officers recommended by the units shall also give regular feedback on their performance of duties to the recommending units.The main contents of the performance evaluation include :(1) compliance with the provisions of the hearing work;(2) Working attitude and diligence;(3) performance of duties;(4) The implementation of confidentiality provisions, etc.Article 12 Reasonable expenses such as transportation expenses, accommodation expenses and labor expenses for hearing members shall be paid in accordance with the relevant provisions of the financial management measures of the People’s Procuratorates.Article 13 These opinions shall take effect as of the date of promulgation.Source: Supreme People’s Procuratorate Editor: Zeng Jia