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The People's Supervisor System Research

Posted on:2008-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ChengFull Text:PDF
GTID:2206360215996487Subject:Law
Abstract/Summary:PDF Full Text Request
The people's supervisor system is an important measure launched by the Supreme People's procuratorate in response to pushing ahead the judicial system reform .The nature of people's supervisor system refers to the social supervision system existing at the outside of both the procurattorate and the criminal procedure.The direction of the supervision points at the procuratorates,its wide range includes the pre-prosecution procedures; the suject of the supervision refers to some of those wrong decision and wrongdoings. And the function of it is at the founding and suggestion of incorrect. The people's superisor system adequately embodies the notions of right restricting power, sovereign of people, public participation in judicature and judicial democracy. The people's supervisor system has been established based on its own theoretical foundation and legal basis.The effect of the people's supervisor systeme has been noticeable in practice in the past three years. It is considered to be of help to strenthen the external supervision of the prosecutorial organ, and to accelerate the transformation of the law enforcement ideas, values and styles as well as the protection of lawful rights of the parties. It is helpful to constuct the harmonious society furthefly.The present tentive system of the people's supervisor shoud be made perfect in many aspects because it has several defects, such as the qualification to select and employ the supervisors of people are not so tectful, the procedure lacks transparency, the supervisor's duty and right are unclear. We should improve the people's supervisor system by way of legislation.This article mainly is composed by three parts:The first part is the concerned people's supervisor system theoretical analysis. The people's supervisor system has the deep rationale and the solid legal basis, it conforms to the authority supervision to restrict in the theory, the mass line theory in the judicial work and the socialism democratic legal system theory. Furtherly, the article analyzed the people's supervisor system existence value, it notonly had the profound theory significance and had the positive practice significance.The second part mainly analyzed the people's supervisor systems present situation and defects.The third part is the people's supervisor system consummation. We should profit from the overseas populace to participating procuratorial exercises .The article mainly analyzed the grand jury in English America legal system and the Japanese Inquest of Prosecuion system, and drew a lesson from them.We should speed up the advancemence of the people's supervisor system so as to make rapid progress in selecting and managing the people's supervisors, the qualification of the people's supervisor, the scope of supervision, inspector procedure and the supervisor's right and duty.
Keywords/Search Tags:people's supervisor system, judicial democracy, improvement
PDF Full Text Request
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