The Study Of Related Issues On People’ Supervisor System

People’supervisor system is taken by Supreme People’s Procuratorate based on the principle and spirit of the constitution and laws to further perfect the external oversight mechanisms of crime by taking advantage of duty by procuratorial organs. It is to put those under the supervision of people’supervisors which exist as "Three Kinds of Crimes ", " Five States of Affairs" and " A Condition" in investigation and dealing with taking advantage of duty by people’s procuratorate. Since People’ supervisor system was tried in national procuratorial organs, "Three Kinds of Crimes ", " Five States of Affairs" and " A Condition" investigated of its own have been under the supervision of people’supervisors which perfects external supervision of the procuratorial power, strengthens the transparency, and guarantees the right of investigation of the crime by taking advantage of duty; It reflects the demands for the people to participate in the justice and supervise it. It is good to realize the justice democracy. It is also an attempt for the present system in order to mend institutional flaws, to solve the constraint insufficiency of the crime by taking advantage of duty by procuratorial organs, and prosecute capacity short of external supervision. At present, the people’s supervisor system is carrying out our judicial system reform deepening the reform of a key project of procuratorial, and the judicial system reforms with the central about the scheme. The deployment of the Supreme People’s Procuratorate ended in October of 2010, and formally starts implementing the people’s supervisor system. But in the trial process, the author finds that the people’s supervisor system is still in operation of confusion and there are still some shortcomings, both in theory and in practice of questioning (there exist ineffective supervision in some degree, and supervision effectiveness and expected effect disparity etc.). Therefore, from the perspective of the system design it is reasonable and legality, and in practice it is necessary to improve the people’s supervisor system and gradually regulate it into the orbit of ruling.According to the related concepts and its development, this paper aims to clarify some misunderstanding in its trial implementation, legally analyses its theoretical principles and law orientation, and as a result discover its essense. At the same time, based on our national conditions and practice, some overseas participation in judicial system of people should be used positively for reference, such as:the American Grand Jury, the Britain Magistrate System, the Japanese Examination Committee and the ICAC (Independent Commission Against Corruption) Consultative Committee in HongKong. By contrast some suggestions and ideas have been proposed from election and appointment of the people’ supervisors, supervision scope, supervision efficacy, supervision patterns, to its management mode and its legislation in order to further normalize and perfect the system.