Explore People's Supervisors Elected Mode

Procuratorial organs lack effective external supervision mechanism in investigating job-related crime cases, particularly in dealing with corruption and bribery cases. Many repercussions are followed by mainly saying that "procuratorates supervise others, who shall supervise the procuratorate." In exploration into theories of judicial reform, some scholars even advocate abolition of the investigation right of the procuratorate, China's procuratorial system faces tough challenges. Therefore, the Supreme People's Procuratorate stepped up bold reform, issued "Regulations on Exercising People's Supervisor System in Direct Investigation Cases by People's Procuratorate (Trial)" in September 2003 and launched the people's supervisor system within procuratorial organs.After four years of experiments, the people's supervisor system, which has been recognized by various sectors of the community, demonstrates vigor and vitality. However, as people's supervisor system is laid down in accordance with the provisions of the Supreme People's Procuratorate, and the electing mode of the people's supervisor system is that procuratorial organs elect their own people's supervisors or procuratorial organs dominate the election. A new challenge is raised by the theoretical circle, saying that "procuratorates elect their own supervisors to supervise themselves ", which constrains the role of the people's supervisor system, imposes bottlenecks upon its deepening and development. Therefore, this paper is aimed to study the electing mode of the people's supervisor system through comparison and contrast method and concludes that to improve the electing mode of people's supervisor system, the system of people's supervisor legislation shall be promoted. The paper consists of four parts:Part One is on people's supervisor system. Starting from the origins of people's supervisor system on a basis of the Supreme People's Procuratorate's provisions of the implementation of people's supervisors system, it introduces the main contents of people's supervisor system and analysises the features and significance of people's supervisor system. Then people's supervisor system is compared with the domestic and international relevant systems. Respectively, the people's supervisor system is compared and contrasted with China's system of people's jurors, the jury system in the United States and Japan's procuratorial reviewing system. It analyses that the main problem of the people's supervisor system is the people's supervisor system lacks the necessary legal basis.Part Two is on the electing mode of the people's supervisors. The meaning, content and features of the two major modes "internal election" and "external appointment "in practice are first introduced. Then similarities and differences between the two modes are analysed through comparison and contrast method.Part Three is on the approaches to improving electing mode of people's supervisors. One approach is that the legislation of the people's supervisor system shall be promoted. First, the legal basis and practical basis of the legislation of the people's supervisor system are discussed, and next on the principle to be adhered to in the legislation of people's supervisor system and then the significance of the people's supervisor system is discussed. The second approach is that the qualifications for people's supervisors shall be certified. The conditions, and the term and the number of people's supervisors are discussed. The third approach is that the electing procedure of people's supervisors shall be certified. The principle adhered to and electing procedures of people's supervisors are clarified. The fourth approach is how to regulate people's supervisors shall be certified. It states that the people's supervisors shall formulate an independent people's supervision committee; people's supervisors shall regulate the people's supervisors to ensure the characteristics of external supervision in the people's supervisor system.Part Four is the conclusion. It concludes from the discussions in the above three parts that improving the electing mode of people's supervisors shall proceed the legislation of the people's supervisor system. And how the legislation of the people's supervisor system shall be formulated is also discussed with prospects.