Perfection Of People 's Supervisor

The procuratorial organ is the organ of legal supervision in our countrury,and it is animportant part of China’s judicial system.Supervision of the procuratorial power is divided intointernal supervision and external supervision.Internal supervision is the discipline inspection andsupervision departments of supervision of the prosecution to the procuratorial organ’s lawenforcement behavior, although it is a direct, effective way to supervise the prosecutorial powers,but in view of its interior, inevitably questioned by society.As the social supervision of externalsupervision mode has been widely concerned.The people’s supervisor system is created for therealization of social supervision of the procuratorial power of procuratorial organs.since it iscreated from the year2003and promoted in the year2010,it has been implemented for10years.This system has an important influence on the judicial theory and practice.Although thepeople’s supervisor system is implemented not for a long time, it played a major role in thecommunity of procuratorial power,since then the right of the procuratorial organis are not only inthe "internal supervision" of the state, bue also through the social supervision of people’ssupervisors, which let procuratorial power is more transparent, more credibility.However,as aninnovative system,the people’s supervisor system has many imperfections,and it need continuedexploration, reform in practice, in order to make the system gradually mature.This articleexpounded the basic problem of the people’s supervisor system in detail, and compares with thedomestic and foreign relevant system,points out the shortcomings of the people’s supervisorsystem in China, and how to reform forward, with a view to the system reform and perfectionand development to provide some reference.This article devided into four parts.The first partintroduces the produce and development of the system of people’s supervisor,and summarizedthe nature of the people’s supervisor and the basic characteristics,summed up the theoreticalfoundation of the people’s supervisor system, and points out the value of the system.The secondpart compared the people’s supervisor system with the system of people’s Congress, the people’sjury system and the foreign American grand jury system and Japanese prosecutors will reviewsystem,and introduces a these systems,analyzes the advantages and disadvantages of thesesystems,looking for the useful experience for the improvement of people s supervisor systemdevelopment.The third part analyzes the various problems existing in the system of people’ssupervisor of procuratorial organs pilot and promote the practice process, and pointed out thelack of legal basis and strong design of the people’s supervisor system.In personnelselection,there is no accurate positioning, quality selection mechanism.And there are seriousflaws in the scope of supervision and supervision procedures,which influnece the people’s supervisor system maximize its effect.In order to carry out a thorough reform of the system ofpeople’s supervisor, the article provides some opinions in the fourth part, point out that weshould improve the people’s supervisor system in legislation, staff efforts, improve the selectionmechanism, ensure that the democratic election process, and established the people’s supervisortalent pool. At the same time,reforming in the scope of supervision of people’s supervisors andsupervision procedures, and supporting system design and the system of people’s supervisorrelated,such as improving the internal management mechanism, the establishment of the people’ssupervisor system of procuratorial organs and the establishment of the people’s supervisorrestriction mechanism performance guarantee mechanism.