On The People's Supervisor System

The supervision by whom in specific procedures of exercising procuratorial power has always been a theoretical problem that perplexes the procuratorial organs, and it is also the key link of procuratorial system reform. The people's supervisor system is the judicial reform measuring with Chinese characteristics, whose original intention is mainly to make up for the shortage of the external supervision of the procuratorial organs'investigation cases and"final disposition". We hope it can effectively solve the relative shortage of the checks and blances in procuratorial link, and restrict all power's corresponding in procuratorial link including the procuratorial organs'investigation cases. It is very necessary to explorate and discuss the system before our constitution law has not confirmed it. In this paper, the author will use the value analysis method, comparison analytic method and empirical analysis method to card and think about some problems of the people's supervisor system, and then give some suggestions for this system's perfection. There are four chapters in the main text:Chapter 1:The first part will summarize the people's supervisor system's establishment and development, proclaim the people's supervisor system's judicial regularity from the restriction laws, the people'rightful laws and procedure's laws, and expound the people's supervisor system's actuality and rationality from ensuring the judicial independence and just, protecting the legal right of the procecuted man, the important form of the dialog between the country and the society, and the legislation precedent at home and abroad that we can learn from, etc.Chapter 2:The second part will expound the problems and defects of the people's supervisor system, analyse some points from the plight of the supervision, the selection of the people's supervisor, the scope of supervision, monitoring procedures and management mechanism, etc.Chapter 3:The third part will perfect the system of the people's supervisor.On the basis of summing up experience, elaborate from the selection of the people's supervisor, the scope of supervision, the procedure of the supervision, the orgnization and the daily management, and so on. Draw lessons form the people's juror system and propose the legislation proposal of the basic framework of the legalization of the people's supervisor system.