Improve The People's Supervisor System

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 procuretorates in 10 provinces such as Tianjin, Hebei,Fujian,Sichuan,Heilongjiang,Liaoning,Neimenggu,Hubei,Shandong ,Zhejiang. On July 5^th,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 from 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 nomocracy.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. For example, people's supervisors are mostly professional people; the supervision range conflicts with the principle of equal law protection; there are problem between the supervision time limit and the term for criminal litigation, and connection problem in the system of reporting, examining and recording; supervision procedure of people's supervisor has...