An Empirical Study On Implementation Of The People's Supervisor System

As a legal supervision organ,the people's Procuratorate also exercises investigation work of duty crime cases.With the lack of external supervision mechanism,it is difficult to prevent the procuratorial organs and their staff from violations of disciplines and laws in case investigation and handling only relying on the internal supervision mechanism of procuratorial organ departments and superior procuratorial organs.Therefore,the Supreme People's Procuratorate explored to establish an external supervision mechanism since 2003 in order to supervise duty crime cases handled by procuratorial organs.So,through the introduction of external supervision,it can regulate judicial activities,curb judicial corruption,reduce violations of laws and disciplines,and promote the open,fair and impartial judicial activities.In addition,the people's supervisor system is also an important form of citizen participation in the supervision of judicial activities.Combined with the relevant provisions of the people's supervisor system as well as the actual situation of the people's supervisor system implementation in People's Procuratorate of C District of G city in recent five years,the paper conducts the field research,collects data and materials for summary and analysis,discusses and studies problems and reasons exposed on the implementation of the system by the grassroots procuratorate,puts forward countermeasures and suggestions to solve the problem and improve the system,and makes future prospects for the people's supervisor system after the national supervision system reform.This paper includes four parts,whose main body contains a total of about thirty thousand words,and the main contents are as follows:The first part-an overview of the people's supervision system: firstly,it makes a brief description of the people's supervisor system background and development process.Secondly,it elaborates and demonstrates its nature,function,value and theoretical basis.Finally,it expounds its necessity and significance in national supervisor system reform.The second part-the status quo of the people's supervisor system in the People's Procuratorate of C District of G city: it mainly introduces the implementation of the people's supervisor system here,including the people's supervisor selection mechanism,management way,supervision case scope,supervision procedure,as well as people's supervisor's rights and obligations.The third part teases problems during the people's supervisor system implementation in People's Procuratorate of C District of G city,and analyzes reasons for these problems.These problems includes: the reasonable elective office,people's supervisor elitism,imperfect selection process,problems in the people's supervisor office staffing,funding,management,assessment,training and other management ways,small scope of supervision cases,non-standardized supervision procedures,lack of effectiveness in supervision views,supervision formalization,as well as lack of legal basis and full guarantee for the people's supervisor's right to know.The fourth part proposes countermeasures and suggestions to solve these problems and improve people's supervisor system according to problems and causes found in investigation.First of all,the people's supervisor selection and appointment mechanism is reformed from the people's procuratorate's selection and appointment as well as judicial administrative organs' selection and appointment into the Standing Committee of the NPC's selection and appointment,with modified procedures and conditions;secondly,the people's supervisor management is improved,and the People's Supervisor Office under the Standing Committee of the NPC's is responsible for the people's supervisor's selection,training,organization,supervision and assessment and other management work,and perfect specific training and assessment methods;thirdly,the scope of supervision cases is expanded from duty crime cases to ordinary criminal cases prone to violation of laws and disciplines.The supervision procedure should be reformed to give the people's supervisor the right to initiate the supervision procedure and perfect the reconsideration procedure;finally,the rights,obligations and responsibilities of the people's supervisor should be cleared,measures to protect the people's supervisor's right to know are proposed.Also,it is needed to speed up legislation to promote the people's supervisor system legislation,so that the people's supervisor system is based on the law.