How should people overseer be?Here comes the new way!

2022-05-16 0 By

The system of people’s supervisor is the system of supervising the procuratorial power of procuratorial organs, and is an important form for the masses to participate in and supervise the administration of justice in an orderly manner.According to statistics, at present, there are more than 23,000 people’s supervisors throughout the country.In 2021, the number of people’s supervisors supervised the handling of cases by more than 110,000 people, effectively promoting the openness of procuratorial affairs and promoting judicial democracy.How are people’s supervisors appointed?The Ministry of Justice and the Supreme People’s Procuratorate jointly issued the Measures for the Administration of The Selection and Appointment of People’s Supervisors in July 2016, and the Supreme People’s Procuratorate also issued relevant special provisions.In order to further deepen the reform of the people’s Supervisor system and standardize the management of the selection and appointment of people’s supervisors, the Supreme People’s Procuratorate and the Ministry of Justice have revised the measures formulated in 2016 and issued the new Measures for the Management of the Selection and Appointment of People’s Supervisors (hereinafter referred to as the “new Measures”).According to the introduction of the new measures, the scope of supervision of the people’s supervisors is revised to cover the “four procuratorates” and “ten business” of the people’s procuratorates “case handling activities, and improve the level of supervision and other specific content.What specific requirement does when people supervisor have?According to the new measures, Chinese citizens aged 23 or above who uphold the Constitution of the People’s Republic of China, are fair, decent and healthy can serve as people’s supervisors.A people’s supervisor shall have a high school education degree or above.A people’s supervisor shall serve a term of five years and shall serve no more than two consecutive terms.In order to promote the healthy development of the team of people’s supervisors, the “new Measures” have improved the situation that people who are not suitable to participate in the selection and appointment of people’s supervisors are not allowed to serve as people’s supervisors.Taking into account the functional orientation of supervisory organs, the new measures stipulate that serving staff of supervisory organs should not participate in the selection and appointment of people’s supervisors.According to the “new measures”, people may not be appointed as supervisors under any of the following circumstances: those who have received criminal punishment;Having been dismissed from public office;Being revoked of his practicing certificate as a lawyer or a notary, or expelled from his name by an arbitration commission;Being included in the list of persons subject to enforcement for trust-breaking;Being removed from the post of a people’s juror because of punishment;Other serious violations of law or discipline, which may affect judicial impartiality.In addition, a person who has been removed from the qualification of a people’s supervisor due to violation of laws and regulations in the process of election, appointment and performance of duties or failure in the annual assessment may not serve as a people’s supervisor again.How do ordinary people participate in the selection and appointment of people’s supervisors?According to the new measures, judicial administrative organs should work with the people’s procuratorates to reasonably determine the number and distribution of people’s supervisors in accordance with the needs of supervising and handling cases and factors such as the population, region and ethnicity of the area under their jurisdiction. Each county (city or district) should have no less than three people’s supervisors.According to the introduction, in order to facilitate the people to better participate in the people’s supervisor team, the “new method” to further improve the people’s awareness and participation in the way: one is to make clear the content and time limit of the announcement.It is clear that the judicial administrative organs shall, in conjunction with the people’s procuratorates, reasonably determine the number and distribution of people’s supervisors, and issue a public announcement of their appointment to the public within a period of no less than 20 working days.Second, we have expanded the ways of mass participation.The general public may, within the prescribed time limit, become candidates for people’s supervisors through individual application or recommendation by units or organizations.In order to better reflect the universality of people’s supervisors and give play to the role of mass organizations, according to relevant regulations, the new measures explicitly support people’s organizations such as trade unions, the Communist Youth League, women’s federations and other social organizations to recommend qualified people as candidates for people’s supervisors.How to ensure that people’s supervisors perform their duties according to law?In order to ensure that people’s supervisors perform their duties impartially in accordance with the law, the “new measures” make it clear that people’s supervisors should withdraw themselves if they are close relatives of the parties involved in supervising the handling of cases, have an interest in the case, or have served as a participant in the litigation of the case, or have other circumstances that may affect judicial impartiality.If the people’s procuratorate discovers that the people’s supervisor needs to withdraw, or if the party to the case applies to the People’s Procuratorate for withdrawal and meets the conditions for withdrawal, it shall promptly notify the judicial administrative organ of the decision to withdraw the people’s supervisor, or request the people’s supervisor to withdraw himself.Officials from the Ministry of Justice and the Supreme People’s Procuratorate said they will train cadres in charge of the work of people’s supervisors in judicial administrative organs and procuratorial organs at all levels to accurately understand and grasp the connotation and specific requirements of the “new measures” to ensure the smooth operation of the appointment and management of people’s supervisors.At the same time, by the people’s supervisor system, extensive publicity and typical cases, the people’s supervisor work performance to get more understanding, care and support of the masses of the people’s supervisor work, actively involved in the people’s supervisor team, to promote reform and development of the people’s supervisor system build good public opinion atmosphere, promote the judicial justice.Source: Xinhua