Research On The System Of People's Supervisor

The system of people's supervisor is promulgated by the S.P.P in accordance with the 16th conference of the Party objecting to develop the judicial reform, focuses on solving the major problems while detecting officials crime, aims at reinforcing the supervision on the detection conducted by procuratorates, so as to insure the performance of prosecutorial power in a right way from the systematical perspective.Practice brings great motive into the innovation of theory, system and working frame, shows us the thriving vitality of the system of people's supervisor. However, the system is still on the first stage and is not perfect, in which problems exist which is not easily settled within the current prosecutorial frame, except for the legislation by legislatives.The congress should stipulate the criteria of supervisors, selection, rights and duties, the scope of supervisee, supervision channels, the effect of supervision and so forth, so as to have this system operated outside the prosecutorial system, namely the congress should cognize this system by legislations. Furthermore, the congress should take the responsibility to oversee whether procuratorates perform this system correctly and are supervised by people's supervisors, and to require the procuratorates to report. The congress should oversee whether people's supervisors take the advantage of the supervising right and go through duties in a right way. In respect to the difference between congress's supervision and people's supervision,the congress should oversee the operation of the latter one, rather than take the place directly.Given the experimental operation, this article notes the value of people's supervisor system, which skips the traditional views of check and balance within the close authority organs, resorts to check and balance authority power by individual power. This system is beneficial to awaken civilians' right minds, makes up the flaws in China's traditional culture. Notwithstanding the complication and varieties of systems, we still find the ideas of 'check and balance' and 'popular sovereignty' are the common immaterial property of the world. It is evident a system standing by those ideas is promising, which promotes more civilians to take part in the national governance orderly, prevents malpractice, and protect civilians' rights.