People's Supervisor System Problems And Countermeasures

According to the Constitution of the People's Republic of China, the People's Procuratorates are state organs for legal supervision, and procuratorial organs are responsible for the proper practice of laws and the fulfilment of justice. Due to the fact that current laws make no provision for subjects who supervise procuratorial authorities in the legal case of crimes by taking advantage of duty, problem that Who should be responsible for supervising the supervisors are thus resulted. The people's supervisor system is a beneficial exploration which derives from attempts to resolve the above-mentioned problem. However, newborn things are bound to arouse heated discussions among theorists as well as practitioners. Currently, the people's supervisor system in China is still in its experimental stage. Problems resulted from imperfection and deviation have been exposed in the process of implementation. This thesis is aimed at delving into some theoretical aspects of the people's supervisor system in the sight of the people's rights related to the constitutional practice, based on a clarification of the essense of the system. On the other hand, it is realistically crucial to sum up useful experience from practice and to propose feasible suggestions as well as improvements to provide theoretical support for the reform of procuratorial institutions in that there exist defects in system design and also in implementation. This thesis consists of four parts besides introduction and conclusion.The first part summarily introduces the people's supervisor system. It begins with the definition of the concept of the people's supervisor system, then presents the background as well as the course of the establishment and the primary content of the system by structuring and analyzing the literature. On this basis, the author briefly analyzes the nature of the people's supervisor system.The second part is an analysis of the constitutional basis and practical necessity of the people's supervisor system. First of all, it discusses that the people's supervisor system is a way for the people to exercise their rights for the participation in government and political affairs and the system concretely reflects the democracy principle of Constitution as well as the virtue of constitution with respect to restricting powers, in the view of Constitution. Based on an understanding of current conditions in China, it then analyzes that the people's supervisor system functions as an effective outside inspection and thus adapts to the requirement of the times.In the third part, through surveys of the actual performance of the people's supervisor system, the author points out that the election, administration, and the range of supervision of supervisors along with the procedure of the system have exposed some deficiencies. The last part proposes some suggestions in order to perfect the people's supervisor system. In the light of the problems reflected in the functioning process of the system, which were mentioned in the third part of this thesis, the author puts forward original proposals by integrating practical experience and innovative practices of procuratorial institutions aroung China.