Research On The Supervision And Reform Of The People’s Supervision In The Criminal Procedure

The system of the people’s supervisor is a major judicial reform in our country.It makes the people’s procuratorate have more effective external supervision in the exercise of the investigation power through the way of people’s participation in the administration of justice.Since the implementation of the system,it has a good effect on the exercise of the functions and powers of the procuratorial organs.The majority of the investigative powers of the People’s Procuratorate are transferred to the JISC after the implementation of the Supervision Law.In this case,the development and direction of the system of the people’s supervisor have caused great controversy in theory and practice.This paper studies the scope of the supervision of the people’s supervisor in the criminal procedure,and analyzes the reasons of the history and the transformation of the people’s supervisor system.Combined with the newly promulgated provisions of the people’s Procuratorate in 2019 on the supervision of the people’s supervisors,this paper looks forward to the scope of supervision of the people’s supervisors in the criminal proceedings in the future.In addition to the introduction and conclusion,the main body consists of four parts.The full text has a total of more than 30000 words.Overview of the reform of the supervision of the people’s overseers.The reform of the system of the people’s supervisor in our country can be divided into three stages:the first stage is the pilot phase(2003-2010),the task is the system of the pilot people’s supervisor,the "three types of cases" and the "Five cases" are established,and external supervision is provided for the procuratorial organs;The second phase is the overall implementation phase(2010-2016).The task is to promote the reform,establish the "Seven cases" and fully implement the system of the people’s supervisor throughout the country.The third stage is the reform phase(2016-2019)and the task is to deepen the people The system of supervisors should be reformed,eleven situations should be established,and the supervision framework should be basically established.The second part is the reason why the scope of supervision of people supervisorsin criminal proceedings needs to be transformed.Under the background of the current judicial reform,the people’s supervisor system needs to make corresponding changes in accordance with the trend of the times,the most obvious aspect is the change of the scope of supervision.After the implementation of the Supervision Law,most of the investigation functions and powers of the procuratorial organs have been transferred to reality,and because of the confidentiality of the investigation power itself,the people’s supervisors’ understanding of the case is not high,so it is of little significance for them to continue to supervise the case.The political system and cultural tradition of our country,as well as the current background of the times,require the people supervisors to change the scope of their supervision.As a result of the revision of the Criminal Procedure Law and the Organic Law of the People’s Procuratorate,it provides a new direction for the expansion of the supervision scope of the people’s supervisors.The third part,the current people’s supervisors in the criminal proceedings supervision scope overview.The promulgation of the Regulations in 2019 marks a new stage in the development of the system of people’s supervisors.This part,based on the provisions of 2019,makes two distinctions between the "ten ways" of people’s supervisors’ supervision.The first distinguishing criterion is to divide it into passive arrangement supervision and active suggestion supervision according to the different participation initiative.The second distinguishing standard is divided into two modes:supervision in the event and supervision after the event according to the time when people’s supervisors participate in the intervention.The fourth part,the perfection of the criminal procuratorial scope of the people’s supervisors.Although the "Ten Business" and "four Procuratorate" of Procuratorial organs are included in the scope of supervision of the people’s supervisors in 2019,the author thinks that it can be further improved and continue to expand the scope of supervision of the people’s Supervisors in criminal proceedings.On the basis of the functions and powers of the procuratorial organ,the supervision of the functions and powers exercised by the procuratorial organ in criminal cases mainly includes the supervision of the procuratorial organ to examine and approve the power of arrest,thepower of examination and prosecution,the power of legal supervision,the power of supervision of penalty execution and the power of controlling and applying procuratorial power.