A Study On The Theory And Practice Of The People 's Supervisor System

In recent decades, China has committed itself to accomplish the socialist societyunder the rule of law. Through the efforts of the generation after generation, themasses have higher legal sense and the society with rule of law is coming closer,especially in the aspect of law enforcement for the people. The government constantlyexplores advanced mode, in order to supply better service for the people, and givemore chance to take part in policy. This is the social background of the people’ssupervisor system whose essence is a kind of new approach of social supervision.Although its specific define has been in dispute so far, we must design it into a sort ofexternal supervision, rather than one that is controlled by the Protectorates alone.The people’s supervisor system has a history of more than10years, whichcontains two parts. The Supreme People’s Protectorate selected ten provinces or citiesacross the country as pilots, and supplied policy support in order to finish the systemconstruction, which is the first period since2003. The second phase is called fullyimplement since2010. In that period of time, China carried out this new regime inwhole, which leads new thinking and new method for the institution, in order toimprove the socialist legal system.Owing to these two stages, various provinces and regions actively responded tothe call of central, earnestly carry out the people’s supervisor system, and the result isoutstanding. Through the supervision of the people’s supervisor, sue rate increasedsignificantly, meanwhile, rate of non-prosecution and cancel rate apparently decreased,especially in the "three kinds of cases" and "five sorts of situations" ofself-investigating case. These results are positive, due to the level and capability ofhandling the case developed significantly.But there are also some problems behind the success in the process ofimplementation. Due to the exploration of the people’s supervisor system, it is hard toavoid some system holes and unclear positioning, for example weakly representativeof personnel selected, uncertain of legal effect, single supervision measures,difficulties of implement etc. Therefore, this article analyzes the people’s supervisorsystem legal basis and investigates in some typical areas for the concreteimplementation results in deep in order to put forward to the problems existing in thesystem and to actively explore solutions. It is the target to bring the people’ssupervisor system’s superiority into full play.