Research On System Of People's Supervisor

To carry out the spirit of the 16th Party Congress, advance the reformation of judicial system and ensure equity and justice in the society, procuratorial organization in China establish people's supervisor system. It is a new system for procuratorial organization introducing external supervision, which can resolve the lack in the investigation of career criminal cases.According to Proposed Regulation of Supreme People's Procuratorate on People's Supervisor, which passed on September 2nd in 2003 and amended on July 5th in 2004, people's supervisor can supervise the following situations in the people's procuratorate'investigation of career criminal cases: one is that crime suspect don't agree about the decision of being arrested, the second is the case will be repealed, and the last is the crime suspect will not be prosecuted. Meanwhile, people's supervisor can put forward their opinions when these happen: one is that the case should be put on record but not or should not but do; the second is excess detention; the third is illegal search, distraint or frozen assets; the fourth is procuratorial organization should give criminal compensation but not or should execute the decision of criminal compensation but not; the fifth is procurator's illegality such as irregularities for favoritism, corruption, exorting confessions by torture and obtaining testimony by violence. In addition, people's supervisor can be invited to people's procuratorates'other administration of law and give their advise when they find something illegal.People's supervisor system has the following features: Firstly, it is democratic supervision. The aim of supervision is to realize the rights, which is based on the rights prescribed in the Constitution. It is the special form of direct supervision. Secondly, it is legal supervision. It is the supervision of procuratorial organization and its workers'obeying the Constitution, criminal law and statutes concerned, during direct investigation and prosecution of suspects of career criminal cases. It has comparatively fixed member and organization, and the supervisory form is systematic and procedural. Thirdly, it is the full supervision. People's supervisor can exercise its supervisory rights in any phase of procuratorial organization's law enforcement. Fourthly, it is the external supervision. It's essentially different from the internal supervision and control mechanism of procuratorial organization. Fifthly, it is the rigid supervision. Although opinions and suggestions is the performance of the nature of the decision made by people's supervisor, procuratorial organization should start the supervision procedure whether adopt them or not.It is more than three years since the pilot of people's supervisor system and it has achieved some effects. Firstly, it focused on the case supervision and has successfully supervised a passel of cases and maintained the judicial justice. Secondly, it strengthened the supervision of career criminal cases. Thirdly, it strengthened the investigation of career criminal cases, promoting the anti-corruption. Fourthly, three years'pilot has gathered some experiences and the procedure is gradually canonical and optimistic. The theoretical study has taken some progress and provided practical basis for the legalization of people's supervisor system. However, it is criticized a lot from its birth until now. Some fundamental theoretical problems have not reached consensus. With the deepening of the system, many new problems arise. Being a new thing worthy of being explored, the system is scientific, reasonable and feasible from the angle of theory, law, experiment and the developmental trend of world judicial system. People's supervisor system has scientific theoretic basis, stable constitutional and legal basis. All above reflected in following aspects: Through effective exercising of people's suffrage, the principle of people's sovereignty is reflected and reinforced. Through effective exercising of citizen supervision, the protection of citizens'basic rights can be realized. The system suggested the constitutional value of right restricting power, promoted the optimization of the working style and image of procuratorial organization. Through effective exercising of procuratorial power, legal supervisory function has been promoted.The system of people's supervisor has a great realistic significance. Firstly, people's supervisor system reflects the theme"people's procuratorate for the people", meets the essential requirement of Chinese characteristic socialist procuratorial system. Secondly, people's supervisor system reflects the innovation of external supervision and control mechanism of procuratorial organization. Thirdly, people's supervisor system reflects the requirement of the realization of procedural justice. Fourthly, people's supervisor system complies with the international trend of public participation in the administration of justice, conforms to the judicial reform trend of the current international society. Fifthly, people's supervisor system is useful for encouraging citizens to participate in law life, cultivating civil awareness of the rule of law, and protecting human rights.But, we must clearly recognize that people's supervisor system is an exploration of reform after all. The arrangement, the deployment and the main operation standard in practice of people's supervisor system all originates from Proposed Regulation of Supreme People's Procuratorate on People's Supervisor, so the legal basis of people's supervisor system is not enough. Therefore, on the basis of mature practice, we should combine with the system's rational verification and inspection, impel the legislation measure appearing at the right moment. In legislation, we should especially make the explicit regulation on the legislative purpose, the basic principle, the selection procedure of people's supervisor, nature, scope and effect; make sure its legal status; give full play to the function of people's supervisor system. Firstly, we should clear criteria for selecting people's supervisor. When we select people's supervisor, we should take full accounts of fair, upright, wide representation, social credibility of people's supervisor in a comprehensive scientific, moral principle. At the same time, we should ensure the selection procedure open, overcome the lack"their own selection and supervision", reflect people's supervisor to the people better, make the selection and arrangement of people's supervision outside the procuratorial system. Secondly, we should scientifically definite the supervision scope of people's supervisor. Based on our current judicial system and legal framework, We should take full accounts of the specific condition of the implement of people's supervisor system, make the exercise of prosecutorial power under the supervision scope of people's supervisor in a planned way, in steps and stages. Thirdly, we should standardize the specific procedure of supervision. The current supervision procedure of people's supervisor about"three cases"and"five situations"is still not perfect, we need to develop a specific and operational procedure. Fourthly, we need to resolve the security problem of supervision of people's supervisor. It concludes funds for people's supervisor to carry out work, necessary office space, freedom of speech, personal safety, training management and other support mechanisms, the system of safeguarding people's supervisor's right to learn the truth, the corresponding accountability system and so on.