Research On The People’s Supervisor System

The people’s supervisor system is produced from the self-reform of procuratorial organs and has become an integral part of procuratorial system with Chinese characteristics. In general, the people’s supervisor system well embodies the protection of human rights, democracy in legal action and value requirements in justice. The fact that the election scope of people’s supervisors is narrow and management is not totally independent of the procuratorial organs violates the value pursuit of judicial democracy and power balance. The limitation of supervising scope, the imperfection of supervision procedures and the lack of laws and regulations make the system of various regions develop unbalanced, greatly influencing the exertion of supervision effectiveness.The deepening reform plan of the people’s supervisor system will promote the progress of bringing legislation of the people’s supervisor system into the reform tasks, which reflects the determination of central authorities to promote the system, indicating the directions for the development of the people’s supervisor system. It shall be directly regulated that the rate of the common people in the people’s supervisors should not less than 50 percent and those who are not in leadership positions shall be encouraged to participate in this system. We can learn from the practice of the grand jury and citizen’s panels, increasing the number of people’s supervisors to 7-11 in each supervision case and with the advantage in amount to solve possible problems which cause from social acquaintance and non-profession. Special agency elected by NPC Standing Committee serving is responsible for the selection and management of people’s supervisors in China’s particular constitutionalism mode. Try to break through the scope of supervision and expand it to all felony cases. In order to get the justice results, we need detail supervision procedures to ensure the same standard all over the country. I suppose that making reconsideration procedures only can not answer the public query about supervision effectiveness, so people’s supervisors shall be directly given the rigid enforcement on non-prosecution cases, letting whose supervisor prosecution decision is final.