Research Of The System Of The People's Supervisor

Since Supreme People's Procuration introduced the System of People's Pupervisor around some provinces and cities nationally in 2003, a fine result has been achieved.This is the important measure taken by procuration institutions to strengthen external effective control besides the internal control taking by the procuration institutions per se during its running litigation function, which also has an exploration meaning for socialism country that is ruled by law. Due to the structure of China's Criminal Litigation Process, the police office and judiciary institution are in passive position and can only supervise the former in the event a criminal case passed to the later. The criminal litigation needs certain system to supervise all the process in order to control the procedure legitimacy. According to current Chinese Criminal Litigation Law, the people's Procuration has the right to supervise the judiciary which is basis on the Constitution Law. The Procuration organization shall supervise all the process in criminal litigation. However, who shall supervise such procuration organization? The internal control of procuration organization that once were mentioned before are argued in terms of the illogic. Therefore, The System of People's Pupervisor is suggested which means the Procuration organization in China has realize such issue. Such system fits with the trendy of international jurisdictional civilization and reflects the requirements of modern litigation and democracy. However, we also find some unperfected parts within such system. We need continue explore and improve this system to make it mature. This is the purpose of this article. This article will discuss the relevant issues of the System of People's Supervisor from the view of the background, value and improving suggestions. The first part introduces the generation background of the System of People's Supervisor and compares with overseas accordingly supervising system. The System of People's Supervisor is launched under the background that China's judicial reform is undertaken in each aspect, procuration organization declares its aim to procure for the public and people, and the people strongly call for supervise the supervisor. Comparing with relevant overseas system such as Jury system in the U.S.A and Japanese Procuration system, I analyze the history background, value orientation, personnel structure and supervising procedure and wish use this to cast away a brick but attract a jadestone, and could be some references for the System of People's Supervisor.The second part analyses the establishment basis and value orientation of Civilian Procuration. China's Constitution Law, Criminal Litigation Law and Peoples'Procuration Organization Law could provide certain establishment basis for such system. The jurisprudence value of the System of People's Supervisor could be summed up as the value of juridical justice, human right security value, and power constraint value and embodying justice, which are the five important aspects in China's reform being a country ruled by law.The third part expounded the ideology to improve and develop the System of People's Supervisor. In spite that the System of People's Supervisor is an very actively system, it is a brand new system after all and showed certain shortages in practice, which need us to improve and develop it from the principal and ideology.I provide my suggestions regarding china's current System of People's Supervisor in the fourth part that includes: (1) improve the selection of such civilian procurator, (2) improve the supervise scope of the Civilian Procurator, (3) improve the procedures of Civilian Procurator, (4) improve the qualification dismissal procedure of such people's procurator.