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On The Reform Of The People's Supervisor System In The New Period

Posted on:2018-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:L Z ChenFull Text:PDF
GTID:2416330563959273Subject:Law
Abstract/Summary:PDF Full Text Request
The people's supervisor system is an innovative system of the Supreme People's Procuratorate in 2003 began to implement the advance of procuratorial reform,to strengthen the external supervision of procuratorial organs duty crime investigation of the case,which is by the people's supervisor in accordance with the procedures set in advance,in a democratic way,to supervise the duty crime cases handled by prosecutors review.The people's supervisor system has been in operation for 14 years,summarizing the practice results in the past 14 years,whether it is for monitoring the Procuratorate's actions in investigating job-related crimes or improving citizens' awareness of the rule of law.The system agrees with the concept of constitution,enriches the way of citizens' participation in the judiciary,expands the scope of exercising supervision right,and has the value of power restriction and human rights protection.In practice,it has accumulated some experience and has great potential for development.Of course,the basic theory of the system and the practical legitimacy is the focus of people questioned the legal nature of the positioning of the system itself is fuzzy,there is a large debate and the supervisors of people elected management and supervision procedures and the effectiveness of supervision and other issues,it is difficult to reach consensus.In the process of operation,there are also some problems to be solved.It is difficult to effectively guarantee the effectiveness of supervision.This is very unfavorable to the continued deepening of the innovation of the people's supervisor system.At present,the system of people's supervisor has not yet been concretely embodied by law.Especially in the context of deepening the reform of judicial system and national supervision system,it is undoubtedly urgent and important to study the legal basis of the system and explore its reform.The judicial power is an important part of the state power.Judicial democracy and judicial justice are the spiritual flags that human beings generally follow.The nineteen party report pointed out that we must continue to promote the democratic work under the background of the rule of law.In the new period,it is of great importance and urgency to strengthen the external supervision and control of procuratorial organs and promote judicial justice,so that the people's supervisor system becomes the primary choice for the procuratorial organs to improve the level of law enforcement and the quality of handling cases,fully protect human rights,and prevent and reduce judicial corruption.We need to make it perfect and perfect through the form of legislation.
Keywords/Search Tags:The people's supervisor system, Crime by taking advantage of duty, Legal supervision, Judicial democracy, Supervisory system
PDF Full Text Request
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