Research On The People's Supervisor System

In order to further strengthen the outside supervision on examination power, prevent the examination power abusing, and guarantee the examination power's being carried out correctly by consummating the surveillance mechanism. The Supreme People's Procuratorate officially started the people's supervisor system experiment site work in ten provinces, counties, and autonomous regions at the beginning of October, 2003, and explored the new way of the law enforcement by the people's supervise inspection institution. The people's supervisor system establishment has manifested the request which the social government progresses by law civilization, and promoted the inspection institution law enforcement thought and the law enforcement idea transformationAs a reform measure, the people's supervisor system based on the Chinese national conditions, is a beneficial exploration tallying the characteristics of the people's supervise inspection institution. And it is also a significant breakthrough about the examination system reform. This article has carried on the comparison among our people's supervisor system and the American grand jury pattern and the Japanese examination checking committee system, beginning with the basic content and the characteristics of our people's supervisor system, finally making the rules of the current people's supervisor's stipulation a master line. From the necessity and the validity of establishing the people's supervisor system, it has given the proof according to the current judicial idea to this system value foundation and the legal foundation. And combining the problems arising through practice------the people's supervisor system rationale is weak., the surveillance nature is not really clear, the legal localization still owed accuracy and so on, the article has carried on a thorough discussion from the legal principle theory of law, and conducted the earnest research on some solid service problems such as how to appoint the surveillance main body, how to choose the procedure to determine the people's supervisor, how to set the surveillance scope and the time limit, and how to realize the surveillance potency and so on. Besides, the article has also proposed its own conception about how to consummate the present people's supervisor system in legal.