Research On The Public Prosecutors' Objective Obligation

Theory of the public prosecutors'objective obligation, originally derived from the real entity and authority to hear the basic principles of the Germany criminal procedure, emphasizing the prosecutor in the case handling process, should not blindly focus on the fight against crime, neglect of the protection of the rights of the accused, but rather as a "guardian of the law", the position of standing on the processing of cases the objective to achieve fairness and justice of law as its own ultimate goal. Because this theory conforms to the trend of modern criminal procedure, is conducive to crime and punishment of the dual goals of protecting human rights, especially in the protection of the rights of the defendant's prominent role, so its date would have shown strong vitality. Enduring not only in its birthplace, Germany, and quickly spread to other countries, civil law, and common law theory of the criminal proceedings had a broad impact. In addition to legal documents in the two legal systems in the country has been generally recognized, objective obligations has also been a growing number of regulations in many international and regional legal documents. Therefore, we have no reason not to pay enough attention to this theory. Prosecutor, especially in China due to the traditional "heavy blow, light protection" concept of the impact of litigation, some real and objective approach also requires a lot of inconsistent obligations, under the circumstances. This article find the key that is the objective of the prosecutor in the performance of obligations existing problems, combined with the development of the status quo of criminal reform and improvement of corresponding recommendations.In addition to the introduction and conclusion parts of the article, the article formed by the four chapters.The first chapter is the general theory of the public prosecutors'objective obligation. Any theory is not produced out of thin air, objective obligations of prosecutors to find problems in the real world, and the corresponding solutions, we first need the historical background of their understanding. The first part of the chapter details the specific process of the prosecutors'objective obligations, this process can be seen from the obligation to produce an objective is not easy, it is experienced in the late 19th century and 20th century,60's "subjective school" and "objective school" great debate two centuries before it was finally determined. According to Chinese scholars'different understanding of this theory, to determine its connotation, derived more consistent view is an objective obligation should include the following meaning:prosecutors should seek the true essence; it is necessary to punish the perpetrators defendants and pay attention to the protection of human rights; by objective obligations to protect the fair implementation of the law. The next article on the theoretical basis of objective obligations of the prosecutor and its necessity and value analysis, which was later analyzed and discussed the commencement of the foundation.The second chapter is the comparative analysis on the developmental way of the public prosecutors'objective obligation. This chapter describes the public prosecutors' objective obligation theory in several representative two legal development of the country, through the civil law of Germany, France, Japan and the Anglo-American legal system the United States, Britain and several other countries, the objective of the relevant legal obligations. We compared the provisions of that although the provisions of national laws in different ways, have different degrees of content differences, but the point is that consensus could be reached, objective obligations are rooted in the soil of national criminal proceedings, and more and more attention is being. Objective view of the prosecutor in the protection of human rights obligations, the realization of judicial justice and other aspects of the positive role of the United Nations and some regional international legal documents also went to join the obligations related to an objective prosecutor. Though they do not have direct legal effect, but the world will undoubtedly play a good role model. These are objective obligations for prosecutors in the development of a favorable external environment. Especially in the preparation of the Code of Criminal Procedure to modify the moment, China should give full attention to the obligations of the prosecutor's objective and perfect for the realization of the purpose of the new criminal proceedings.The third chapter is the status and existing problems of the public prosecutors' objective obligation in China. Firstly, this chapter summarizes the status in our country, including the relevant provisions of existing laws and judicial practice, these provisions in the operation. Although the related law in China is relatively perfect, but the concept of traditional litigation and the existing evaluation mechanism for handling the impact of some of the prosecutor during the criminal proceedings are often just keep the fight against crime and strive to make criminal suspects are punished, as suspects and the accused's rights in the litigation are often neglected, difficult to get due protection. Next the problems of prosecutors'objective in China were cited, such as the role of lawyers is limited to the phenomenon still widespread, although China's "Lawyer Law" provides for the rights of the parties met with counsel and the right of investigation and evidence collection, but the exercise of these rights are subject to prosecution during the many obstacles, leading to criminal suspects and the rights of the accused can not be maintained; prosecutors are often one-sided collection of evidence, collect only the suspect and the accused to prove guilt and sinweight of the evidence, and prove that exculpatory evidence is not collected; there is public right of prosecution and improper exercise of the right to protest, and in the prosecution of a crime or due to outside pressure, abuse of public right; and as the power of prosecution and the defense of natural imbalance, coupled with discovery system lacking, resulting in the evidence the defense was in a weak and so on, and these issues in detail.The fourth chapter is some improvements of the system on the public prosecutors'objective obligation. The issues raised for the first part, the author attempts to reform and perfect the system did respond to several angles. Already provided for, but not perfect for the place, such as lawyers apply for the right of prosecutors to investigate and collect evidence, make recommendations to further refine the requirements, so that these rights have been more feasible; the problem of abuse against the public right, such as the withdrawal of the prosecution system, in reality, prosecutors more power to compensate for abuse caused by the fault of public prosecution, and the process of withdrawal of prosecution of the defendant are often excluded from participation, so the article suggests the spirit of the principle of safeguarding the rights of defendants reform, rule of law will be withdrawn into the track prosecution system. Public right of prosecutors to prevent abuse of the other measures is to establish pre-trial system set up by the special prosecutor investigating judge on the prosecution's case to be reviewed in order to filter out elements that do not meet the legal prosecution of the case. In addition, the need to establish real independence of the prosecutor, the prosecutor is only excluded during the proceedings of this group are a variety of outside interference, they can hold conscience and understanding of the law of the case make an objective and impartial judge; the evaluation of the judiciary system of the existing business is certainly not an objective exercise of the powers of the prosecutor an engine elbow, in recognition of its historical significance at the same time, the article proposed to abolish the current rate and not to prosecute the acquittal rate of human control, advocates of prosecution official business of the evaluation, focusing on whether the right to fulfill the objective set forth in the terms of the Criminal Procedure Law.