Heroes are criminals many of them have a bad moral compass, not just according to me, but also according to their own moral standards. Daredevil is I think the person with the worst morals in comics. “Oh buuh huuuh the court system failed, now I going to take the law in my own hands”. That said it is brilliant comic because of this fact. If you can do the crime, you can do the time.
Superheroes should not be government controlled. If they were, it would make superheroes about the law, which defeats the purpose of superheroes. If the law was the end all be all, they would just go be superpowered police, firemen, and lawyers, but instead they choose to break the law for the public.good. They transcend law and serve natural justice. Numerous comic writers have tried to tie superheroes to the government and the law, but I always thought that it was silly to do so. Superheroes exist in their world because the government has proven inadequate.
In the real world I think it would be the best for both parties to maintain an association. Really it wouldn't be much different than the comic's only a bit more regulated. I say they'd all get licenses like private detectives. Each supe would be able to operate freely by their own means, but they'd have their name on a registry somewhere and would have a list of laws and regulations they would have to abide by. There would accountability.
There would also always be heroes like Superman and Batman. You'd have characters who were either too powerful, too smart, or just plain too damn good at what they do for the government to be able to hold them accountable if they wanted.
Superheroes and Governments have to co exist. Government should at least have a way of stopping threats should the supesturn or face a foe they can't beat. Government could also pay heroes to work for them as a type of secret service like Shield, avengers, and sword. Those heroes that don't work with government shall be treated like vigilantes and arrested on sight and if they kill they will be stopped because they have no right to do so.
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