Study On The System Of The People’s Supervisor Of Procuratorial Organs

As a legal supervision organs, our procuratorial organs has the power of investigation of duty crime, public prosecution。Especially for the case of duty crime, the procuratorial organs has the power of filing a case, investigation, arresting. "One-stop, Assembly line" becomes normal and phenomenon of illegal happens too much. On the supervision of duty crime investigation is the internal prosecutorial supervision, lacking of external supervision. There are serious system vulnerabilities. According to this satiation, the Supreme People’s Procuratorate has launched the System of People’s Supervisor thorough research and asked for a wide range of opinion in 2003. The the System of People’s Supervisor has been established after nine years of implementation. It has played a positive role to improve the quality of handling cases, reduce phenomenon of illegal. However, there are still many problems in practice of the System of People’s Supervisor, its theory is not mature neither. Because of this, this article specifically analyzes the implementation of the System of People’s Supervisor in the city of C, and studies on the Judicial reform of the System of People’s Supervisor. This paper summarizes its successful experiences and existing problems, with a view to be useful to the theory research and judicial practice of the System of People’s Supervisor.Besides summarizing the concept, produce and main content of the System of People’s Supervisor, analyzing the nature and function, this article analyzes the whole operation situation of the System of People’s Supervisor in the city of C and the implement process is divided into three stages:pilot exploration, deepening promotion and the full implementation. The author deeply analyzes three-times selections of the System of People’s Supervisor of the three stages and comprehensive interprets the establish of the agency of the System of People’s Supervisor, the situation of the three-times selections of the System of People’s Supervisor, working guarantee and cases supervision.This article summed up three features of the implementation of the System of People’s Supervisor through the specific data analyzing in the city of C.Firstly, the original "three categories of cases are so many and five situations less" from the overall supervision cases; Secondly,refusing to accept the decision of arrest is less, the withdrawing of criminal cases and no prosecution are much in the original "three categories of cases"; thirdly, from the implementation time comparison of subsection, the rate of People’s Supervisor agreed to the procuratorial organs to handle opinion has entered in a downtrend and the rate of disagree has entered in a uptrend. The procuratorial organs adopted the opinion of supervision rates generally to rise. Practical data describes that the implementation of the System of People’s Supervisor goes well and brings a good effect. Meanwhile,the author has picked up three typical cases for key analysis.Those cases illustrate the cases supervision of the System of People’s Supervisor.These cases also reveals the important factors of what influent the System of People’s Supervisor, if the People’s Supervisor has a good attitude or not?Could the People’s Supervisor analysis and discovery problem correctly in supervision or not?Could the People’s Supervisor eliminate concerns and put forward and deny the of views of procuratorial organs? Could the procuratorial organs change the misconception?The author summary of nine problems of the implementation of the System of People’s Supervisor in the city of C which are unscientific selection mechanism, aspiring candidates examine lax and part of the People’s Supervisor in the interests of disputes, the People’s Supervisor takes office and cases of supervision don’t balanced, the pattern is single, can’t reach the expected effect, there are problems in supervision organization setting, to expand the scope of supervision, suggestions insufficient effect and the attending of Procuratorial Committee is insecurity, supervision of program execution is lax, the People’s supervisor’s "right to know" inadequate protection, cases supervision instruments produced is not standardized, the management is not strict. Through analyzing problem of implementation of the System of People’s Supervisor, put forward relevant countermeasure from the selection of the People’s Supervisor, the course of duty, supervision organization setting, the scope of supervision, the effect of supervision, the procedure of supervision, the security of the right to know and the refinement of supervisory instrument.The author wishes to give an enlightenment in the theory and practice of the deepen extension of the System of People’s Supervisor and perfection of legislation.