In The Context Of Judicial Reform People's Supervisor System Inquiry

Reform of the judicial system has always been a hot issue of common concern to people, the party's 16th national congress put forward to promote the reform of the judicial system, put forward the party's seventeenth congress need to deepen the reform of the judicial system, the party 18 large demands to further deepen the reform of the judicial system. While the third and fourth plenary session of the 18 for judicial reform has made a more comprehensive and specific deployment.The people's supervisor system is in the background of the birth of judicial reform, is the procuratorial organ in the context of promoting judicial reform, positive for the social from all walks of life to supervise procuratorial work of a useful exploration. The supreme people's procuratorate since the people's supervisor system pilot work in 2003, has gone through a journey of more than 10 years,10 years, the people's supervisor system obtained the good legal effect, the effect of political and social effect, and to protect right to exercise procuratorial authority, perfect the procuratorial organs supervision, promote the judicial practice and judicial reform in procuratorial work has important and far-reaching significance. Through years of exploration, we see the people's supervisor system has strong vitality, but at the same time, we also need to see the new system also has a few shortcomings, such as retaining system is questioned, the people's supervisor is elected by the procuratorial organs, some problems such as supervision and discount. For the people's supervisor system loopholes and deficiencies in the design process, the supreme people's procuratorate and the ministry of justice in 2014, a joint of supervisors and the management way, the selection of reforming scope and supervision procedures, etc. Since reform trial run for a period of time, has obtained the good effect, but there are still insufficient place, let us further to explore and perfect.This article mainly USES the following research methods:one is the literature reading method. With the aid of the library, network and so on various channels to obtain information about the people's supervisor system, read literature at home and abroad, newspapers and magazines and paper periodical review of the people's supervisor system, grasp the current system of the existing academic achievements, to after reading of literature, access to previous evaluation and views of the people's supervisor system, and provide theoretical support for writing. Second, the comparative research. Comparison of foreign large American jury system and the system of Japanese citizens' panels and of the people's jury system in our country, learn the advanced experience of the three system by comparison. Three is the social investigation method. In combination with favorable conditions in procuratorial organs work, acquisition of guangxi procuratorial organs since the people's supervisor system reform in 2014 pilot run materials related data, provide real and reliable basis for the paper writing.This paper is divided into five parts:the first part, the people's supervisor system overview, from the system, the essay discusses the meaning, nature and legal basis. The second part, the necessity of the people's supervisor system reform, from the people's supervisor in the operation of selection procedures and qualifications is unreasonable, most of the people's supervisor don't agree with procuratorial organs no relief program, the supervision of the decision not to solve the people's supervisor system and the conflict between the procuratorial business, supervision scope not entire four aspects analysis the people's supervisor system reform is imminent. The third part, the present situation of the people's supervisor system, this paper expounds the system of the people's supervisor system reform pilot implementation results and shortage. The fourth part, the analysis of the causes of the people's supervisor system implementation shortcomings, from the legislation lag, case review vote too principle and the analysis of the rights and obligations is not clear in the pilot reform is still the cause of the problem. The fifth part, perfect the path choice of the people's supervisor system, on the basis of the above argument, mainly from the related systems at home and abroad for reference, promote the people's supervisor system legal system, clear the deliberations and voting form, the provisions of the people's supervisor to assume the responsibility and obligation of some proposals are put forward.