Something Lost, Something Gained: Changes in China’s Procuratorate in Response to the Reform of the National Supervision System

Abstract China’s significant reform of the national supervision system in 2016 eliminated the general power to investigate professional misconduct by the members of the procuratorate. It resulted in serious challenges to the performance of China’s procuratorial functions in terms of criminal litigation and the ability to supervise criminal litigation. To counter the potential impact and strengthen the procuratorate’s procuratorial functions, in response the Supreme People’s Procuratorate carried out three main reforms: (1) it restructured the procuratorate’s internal institutions and established four specialized criminal procuratorial departments; (2) it empowered one prosecutor with the authority to arrest and prosecute suspected criminals; and (3) it encouraged a system of detailed procuratorial sentencing recommendations. At the same time, the procuratorate developed internal and external supporting measures to ensure steady progress in procuratorial reform. To protect against potential external interference, the procuratorate promotes a more centralized management system. Internally, it has engaged in personnel reforms and made procuratorial recommendations.