On The Legalization Of The People's Supervisor System

Under current judicial system of China, prosecution organs undertake an important function of investigating crimes on duty. The Supreme People's Procuratorate has initiated experimental work on people's supervisor system in order to respond to such challenge as who could supervise the people's procuratorate. The consequence of such experiment demonstrates that people's supervisor system has not only effectively strengthened exterior supervision and restriction mechanism on prosecution organs but also achieved organic unification of legal effect and social effect to the highest degree. However, the experiment of people's supervisor system still stays at a relatively low level and has not fully displayed its advantage since it is only a reform measure performed by prosecution organs themselves which has not been recognized by formal law nowadays. Meanwhile, systematic design model of people's supervisor system itself still has some restrictive factors, which results in defects in the system itself. All these problems need to be resolved by legislature through legalization on people's supervisor system.In this paper, the writer mainly demonstrates the feasibility of legalization on people's supervisor system from perspectives of its legal theoretical ground, legal basis and policy foundation. Then he expounds the necessity of legalization on this system through enhancing enforcement level, improving enforcement environment, promoting procuratorial reform and safeguarding judicial authority etc. Furthermore, he brings forward his tentative consideration for legislation on people's supervisor system. In addition, the author argues that the requirement of legalization on people's supervisor system demands confirming, through legislature, the outside, procedural and social supervision character of such system and further consummating qualification requirements of selection and appointment of people's supervisor. Moreover, he suggests that selection and appointment pattern shall be made by standing committee of People's Congress concerned, rather than by People's Procuratorate at relevant level nowadays. Meanwhile, he proposes that the model and scope of cases to be supervised by people's supervisor shall be scientifically established by law, the legal effect of supervision on specific case by people's supervisor shall be empowered to be compulsory and rights and liabilities of people's supervisor during the course of duty performance shall be explicitly regulated by law as well.Last, the writer raises some legislation models and specific legislative suggestion about legalization on people's supervisor system, including modification of such act as People's Procuratorate Organization Law and Criminal Procedure Law, making relevant decision on people's supervisor system by standing committee of National People's Congress at due time and enacting some special legal provisions about people's supervisor system when it becomes mature. At the same time, he recommends that procedural articles about cases supervised by people's supervisor need to be perfected and those currently irrational institutions regarding to procuratorial work shall be abolished as well.