人民监督员制度改革研究

The Reform of the People's Supervisor System

人民监督员制度是2003年9月起在中国实行的、检察机关通过从社会选任具有代表性的人士对检察机关的执法活动进行监督的制度。这一制度经过了试点阶段、全面推广阶段,如今已进入深入与规范阶段。各地检察机关推行了很多改革措施,包括:进行人民监督员"体制外"试点,通过"自荐为主,推荐为辅"产生人民监督员,推行"上级院统一选任人民监督员模式",形成了传统的同级监督模式、下管一级(上提一级)监督模式、同级异地交叉监督模式、上下级交叉与同级异地交叉结合监督模式等四种具体运行模式。人民监督员制度的改革与发展的趋势是:对人民监督员制度进行正式立法,统一全面推行"体制外"监督,扩大人民监督员的选拔范围,加强人民监督员决定的法律拘束力,推行"上下级交叉与同级异地交叉监督结合模式",扩大监督的案件范围和情形等。

The people＇s supervisor system refers to the system established in September 2003 in which procuratorial organs in China have to select some outsiders from the communities to supervise their law enforcement activities. The period from September 2, 2003 to July 5, 2004 is the phase of the proposal and experiment of establishing the system in 10 provinces, municipalities and autonomous regions; the period from September 1, 2004 to March, 2006 is the stage for the all-round popularization of the system, in which 86% of the national procuratorial organs implemented the relevant policy; the period from March, 2006 to now is the stage for deepening and standardizing the practice, in which many procuratorial organs have introduced a series of reform measures, including： the experiment of the selection procedure in which the supervisors should be selected ＂outside the system＂; the supervisors being mainly selected from the candidates who recommend themselves rather than being recommended by others; the promotion of the higher proeuratorate＇s selecting supervisors according to uniform standards. Such measures have provided four modes for the system＇s operation. In the future, the people＇s supervisor system will make developments in the following six aspects： the establishment of the people＇s supervisor system by official legislation, the full implementation of ＂outside-the-system＂ supervision, the expansion of the scope of the candidature of the supervisors, strengthening the binding force of the supervisors＇ decisions, the adoption of the ＂cross-supervision＂ between higher and lower procuratorial organs and between procuratorial organs in different regions, and the expansion of the range of supervision.