Discussion Of People Supervision System Of China

The system of people's supervisor is a system innovation for the prosecutorial department initiatively accepting people supervision in order to improve the exterior supervision mechanism of directly investigating law case and put into effect constitution spirit under the existing laws and regulations. In 2003, "The Regulation on Practice of the System of People's Supervisor by the Supreme People's Procuratorate (test version)" (abbreviated as "Regulation") was approved in the ninth conference of the tenth procuratorate committee of the Supreme People's Procuratorate (SPP),and was tested in 10 provincial procuratorates, 105 municipal procuratorates and 510 county procuratorates in 10 provinces such as Tianjin, Hebei, Fujian, Sichuan, Heilongjiang, Liaoning, Neimenggu, Hubei, Shandong, Zhejiang. On July 51h, 2004, the "Regulation" was amended in the twenty-third conference of the tenth procuratorate committee of SPP. Also, it was executed in the whole country on October 1St of the same year which was not only a significant action for the procuratorate department to reinforce exterior supervision, but also had exploring significance for building a country with socialism democracy.In detail, the system of people's supervisor is mainly implemented to the cases that involve the unconvinced arrest, intending no prosecution and intending withdrawal. This represents the people's desire to participate in and supervise judicature and is advantageous to realize judicative democracy. It is also an effort for the prosecutorial department to remedy the systemic limitation, handle the restriction insufficiency to the investigation of duty criminality cases, and follow up the problem of the judge power lacking exterior control. Implementing the system of people's supervision is in agreement with the development trend of international judicature and represents the requirement of litigation modernization and democratization.In practice, the system of people's supervisor, as a system innovation, is seen to have large development space in the future. However, there are still deficiencies in the process of implementing the system of people's supervisor. All the above problems need further exploration. Some of them cannot be solved inside the prosecutorial department and need to be solved by the legislation under the system of People's Congress Council. The dissertation was composed of four parts. In the first part, the background of the creation of people supervision system was introduced, and it was compared with that of US and Japan.In the second part, the necessary of people supervision system was stated on the base of law and value, in which the value of the system to the appellee, to the people and to the jurisdiction was analyzed. This part of the article makes it clear that why the people supervision system should be applied in China.The third part of the paper described the status of the legislation on the people supervision system. One of the legislation processes was studied from the very beginning to the well developed. And about 3 years experience of the People's Procuratorate of Zhuzhou City was reviewed to give a good example of the practice of the people supervision system.The last part of the article concerned mainly on the development and improvement of the people supervision system. And four improvement actions were issued: to structure the qualification and duty duration of the people supervisor; to structure the election system of the people supervisor; to give the people supervisor necessary economic support to ensure the work quality; and to specify the scope of the people supervisor's work to reinforce the power and effect of the people supervisor system.