The Constitutional Basis And The Law Construction Of The People's Supervisor Institution

The People's supervisor institution is an innovative form for procurator to accept the society supervises. The article expounds and proves the constitutional rationale the institution sets on, which from the value and target of constitutional government in China. Through the analysis of the practice of the People's supervisor institution, pointing out the active effect which it carries out on the constitutional government. The assessment for gradually promoting the People's supervisor institution on the basis or law, after analyzing the problem in practice, contributes to promote the innovation of the People's supervisor system, supervision and the consummation for the supervision system of socialism with Chinese characteristics. The article is composed by 3 parts.Part 1 is for the analyzing of the conflict between procuratorial powers in practice and constitutional government. It elaborates the validity of setting up the People's supervisor system in terms of the conflict. Under the supervision and restriction for procuratorial powers through the institution, it solved the problem for:"who supervise the supervisor", to insure the procuratorial authority legally, independently and fairly exercise procuratorial powers.Part 2 is for the actual value researching in practicing institution. It links up theory with practice, and analyses the positive role in constitutional government when practicing the institution. And through the practicing, it indicated the institution corresponds to constitutional government and incarnates democracy, nomocracy and human rights. In addition, the institution is a new way for practicing constitutional government, to embody the constitution civil rights within supervising procuratorial powers, to innovate the remedy of the basic rights, to prevent judiciary arbitrariness and to promote the independence of judicature.Part 3 is for the concept of contributing law system of the institution. Firstly, it determinates relationship between property of the institution and other supervisions. Secondly, it enlarges the supervision scale of the people's procurator and submits the appointment and arrangement of the procurator. In conclusion, it gives different aspects of advice and establishes the constitutional position of the institution as supervision procuratorial powers in constitution in order to consummate the law system of the insititution. In the meanwhile, it combined the institution and related law to modify Organic law of the people's procuratorates and Law of criminal procedure. Moreover, the institution will be established independently which was based on Regarding the Decision for Consummate the People's Procurator Institution that be enacted by Standing Committee of the National People's Congress while the right time of legislation.