A Theoretical Discussion About The Improvement Of The People’s Supervisor System

The people’s supervisor system is a system of judicial reform, it is made up of the citizens beyond the state organs, they perform the power of supervision about the procuratorial organs investigation and criminal activities. The supervision of the people’s supervisor belongs to the category of social supervision, with distinctive characteristics:it is different from state organs of power supervision on functions and powers according to law, the people’s supervisor to carry out supervision activities on individuals, and the supervision activities carry out also in the way of individual cases. Although the supervision of the people’s supervisor opinion not mandatory, under certain conditions it can be mandatory start procuratorial committee review procuratorial organs such as the internal procedure, it has the character of both supervision before the event and in the evert.The people’s supervisor system created by the supreme people’s procuratorate in2003, the system selected Hebei, Tianjin and other provinces and cities with the first pilot work, Gansu province became the second batch of pilot provinces to participate in the pilot work in2004. After seven years of pilot exploration, in October2010, the people’s supervisor system of the procuratorial organs began to formally implement in an all-round way. From the beginning of the founding of the system to the fully implementing, it has passed more than a decade. At this stage, the controversy about the people’s supervisor system has never stopped. On the one hand, through the supervision of the people’s supervisor on the case, prosecutors can discovery, prevention and correction of exercise procuratorial authority disciplinary offence timely, it is a direct and effective way of external supervision, moreover, the people’s supervisor come from all orders of society, have incomparable neutrality, mass beyond the other institutions, it can highlight the supervision effect to an extreme. On the other hand, the system does exist all sorts of problems, such as a conflict relationship between supervisor and supervised in practice, the way to elect people’s supervisor is not perfect,"five kinds of situations" cases supervision is not enough, and so on. In this article, the author investigated the present situation of the procuratorial organ of the people’s supervisor system in Gansu province, through the real data and cases, it has summarized the restricts of fundamental and basic problems about the improvement of the people’s supervisor system. Based on exploring the root cause of the problem, it will put forward some own ideas and recommendations, though the selection way from the people’s supervisor the procedures of cases supervision、the legislation plan, expect to search for the method and path to improve the people’s supervisor system.