人民监督员制度的理性思考

People Supervisor System of Rational Thinking

人民检察院决定试行"人民监督员"制度,至今已有三年。这三年来,理论和实务界对此制度给予了很大的关注,争议不断且到今天为止并没有停息。运用法条分析和法律推理的方法,以法社会学的视角来剖析该制度,通过考察发现,尽管这项改革措施用意良好,但是从现实以及可预期的后果来看,可能会产生一些不如人意的结果。并针对这些问题提出某些改革建议。

There has been three years people＇s procuratorate decided establish ＂people supervisor＂ system in dozens of province in China. Over the past three years, theorists and practice department gives great expectations for this reform, also have produced great dispute and last now . In this article, the author try to use the methods of analysis of law and legal reasoning analysis, through a view of legal sociology analysis on that system. By the fact that examination, we find that, come from real and expectable consequence although this reform measures purpose is fine, but look at the reality and the consequences can be expected. It can not satisfied with the design of the system because of some issues. To address these issues, the author will try to make some improvements of reform proposals.