Research On The Optimization Of People’s Supervisor System

In recent years,the CPC Central Committee has taken "strengthening the supervision and restriction of the procuratorial organs’ legal supervision,perfecting the people’s supervisor system,broadening the orderly participation and supervision of judicial channels of the masses" as the important direction of the procuratorial work reform.The development of the people’s supervisor system has attracted more and more attention from the theoretical and practical circles.As a characteristic judicial mechanism of public participation in China,the people’s supervisor system has been responding to the question of "who will supervise supervisors" since its birth in 2003.With the reform of supervision system,the scope of supervision of the people’s supervisor system has been reshaped into the case-handling activities of the "four Procuratorates",radiating new institutional vitality.Under the new situation,it is worth exploring how to further optimize the role of the people’s supervisor in the procuratorial organ’s case handling activities,build an effective participation supervision path to enhance the effectiveness of system operation and enhance the transparency and credibility of the procuratorial organ.First of all,starting from the historical evolution of the people’s supervisor system,this paper analyzes the external optimization opportunities encountered by the people’s supervisor system after its transformation,and discusses the theory and legal basis of the people’s sovereignty,power restriction and power embodied in the people’s supervisor’s participation in supervising and handling cases.Re-clarify the nature of external rights supervision,procedural supervision power and the two-way positioning of "supervision" and "participation" under the new situation,which implies an effective channel for expressing appeals and responding to public expectations.Standardizing case handling activities and improving case handling quality and efficiency;Enhance judicial credibility and form the value pursuit of synergy.Second,by the people’s supervisor system on the composition of the mechanism,through to the supervision mechanism,the effect mechanism,and form a complete set of management mechanism in the protection of the rights of existing regulations and practice investigation,found that the people’s supervisor system there is a lack of legal basis,supervision mechanism operation impeded,weak supervision and effective mechanism,limited right to know and form a complete set of management mechanism in Taipei.Thirdly,from the aspects of system design,operation and external hindering factors,the deep causes of the system operation are analyzed.At the level of institutional design,the twists and turns of institutional development,the vagueness of specification formulation and the failure of institutional design to conform to different supervisory characteristics hinder the development of institutional design.At the level of system operation,the procuratorial organ has the greater initiative,while the people’s supervisor lacks independent operation space.The deviation of understanding of "participatory" orientation leads to the blind expansion of supervision scope and the generalization of supervision authority;The value choice conflict between supervisory power and independent procuratorial power makes the supervisory effectiveness mechanism weak.There are also supporting management mechanism and supervision mechanism dislocation development and other reasons lead to supervision is difficult to achieve ideal results.In addition,external factors such as insufficient attention to the people’s supervisor system and lack of regulatory measures and case handling evaluation mechanism for procuratorial organs are also important factors restricting the operation and development of the people’s supervisor system.Finally,the problems and causes of the system are integrated,and the author analyzes that the optimization of the system should take supervision and restriction of procuratorial power as the core,adhere to the principle of procedural value and balance supervision power and independent exercise of procuratorial power.First,the legal basis of the people’s supervisor system should be gradually enriched.Second,in the supervision mechanism,the people’s supervisor is endowed with the right to initiate procedures on his own initiative,focusing on the right of substantive punishment,and in the public hearing,the people’s supervisor is endowed with the identity of the hearing officer to strengthen the supervisory position of the system.Third,to ensure independent exercise of power by refining the procedures of supervision,evaluation and voting,to refine the procedures of opinions adoption and feedback,and to re-establish relief procedures to improve the effectiveness of supervision and binding force of opinions;Fourth,we will grant people’s supervisors the right to know and improve the supporting management mechanism,effectively optimize the system of people’s supervisors,and promote the transformation of people’s supervisors from "visible participation" to "effective participation".