A Practical Study Of The People’s Supervisor System

The People’s Supervisor System is an innovative system of the Supreme People’s Procuratorate.It is an external supervision and restriction mechanism for the procuratorial power exercising.It has been developed and perfected in the reform practice to ensure that the procuratorial organs carry out the law enforcement and change the policeman’s concept of law enforcement.Efficiency,but also for the people to participate in judicial supervision,for the procuratorial work to achieve the benign interaction with the public provides an important platform and way.In recent years,in the process of judicial reform,some scholars have suggested that because the power of prosecution of the procuratorial organs often leads to excessive power,nobody supervises and nobody dares to supervise,which leads to the denial of the right of investigation..To this end,the Supreme People’s Procuratorate in October 2003 in the country’s 10 provinces and cities to carry out the people’s supervisory system pilot work,so far the people’s supervisor system has been implemented for 12 years.The implementation of the system of people’s supervisors realizes the external supervision and control of the procuratorial power,which makes it possible to institutionalize the external supervision of procuratorial organs and promote the prosecutorial organ to exercise the right of investigation more impartially.The system regulates the law enforcement of the procuratorial organs and further impels the practice of procuratorial work and judicial reform,which has a far-reaching influence on the judicial theoretical circles and the judicial practice circles.However,as a system of innovation,the people’s supervisor system has aroused great concern in judicial theoretical circles and practical circles,but there are also imperfections such as lack of legislation,which gives people supervisor system The reform and perfection of the new requirements,the need to continue to explore and improve in practice to gradually mature.This article takes Beihai city procuratorial organ people supervisor system work as the example,the concrete analysis to the people supervisor system in this city’s practice situation,unifies the practice to summarize the experience,analyzes the existence question.Firstly,it introduces the basic contents of the system of people’s supervisors,analyzes the conception,background,main contents and related characteristics of the system,and expounds the superiority of the system.Then,combining with the people’s supervisor of the procuratorial organ of Beihai The system of the operation of the system in the operation of the experience and achievements of the general analysis,and the city of People’s Supervisors on the pilot process of trial exploration,the full implementation of the three stages of the reform pilot people’s supervisor The selection of supervisors,the selection of the situation,the supervision of the case were comprehensive elaboration,in-depth analysis of the practice of the system in the process of loopholes and shortcomings,mainly to explore the election of the people’s supervisors is not scientific,supervision procedures start lack of initiative,supervision procedures are not specific,Legal support and other issues to explore;Finally,the problems found in practice,the people’s supervisor system,the development of several suggestions:First,we should speed up the legislative process,improve the people’s supervisory system of legal norms;The independent status of supervisors,the expansion of the scope of selection;third is to establish the relevant system to protect their right to know,clear the obligations of the people’s supervisors;Fourth,the exercise of the right to supervise the protection.