Comment On Obligations Of The Prosecutor's Objective

Prosecutor system originated in France and later in the late 19th century by the German introduction. Prosecutor's obligation to pursue the objective physical reality mode and Power products, establishing in 1877 the German Code of Criminal Procedure, in the initial stage, surrounding the task of prosecutors in criminal proceedings and the obligation to produce the two schools of thought: one group that Prosecutor is only one of the parties, and civil plaintiffs in the same, this is the "subjective litigants to send"; those who argue, the prosecutor is not just a party, he or legal guardian. Assume responsibility not only complaints but also to help find the real obligation to uphold the law and justice, this is the "objective legal guardian of school." After heated debate, and ultimately by the "objective legal guardian of school," won a strict commitment to the objective obligations. The Prosecutor of the Prosecutor for the objective obligation authority to define the positioning and function play an important role. Although prosecutors objective product of civil law obligations, but does not mean that common law countries, prosecutors do not have the objective obligations, but compared with the civil law countries, common law countries do not have the strict sense of the Attorney official objective obligations, mostly in the judicial practice to require "fair enforcement" of the case. Prosecutor objective obligations as a concept, it is not just civil law, is also a common-law system. As all countries in the traditional litigation, litigation culture, politics, economy, and many different backgrounds, making the obligation of States to prosecutors the idea of objective interpretation, application and requirements are also different.Chapterâ… Objective obligations of the Prosecutor Comparative LawProsecutor system produced in France, the prosecutor produced objective obligations in Germany, prosecutors produced the beginning of his mandate and obligations around the problem since the controversy with one of the "subjective, said," that the Prosecutor is a party, only to collect detrimental to the defense evidence, even for their own negligence which led to the objective facts are contrary to the verdicts, prosecutors need not be held responsible, and no corresponding obligations. The other faction is the "objective, said," that the prosecutor was "guardian of the law" should be objective and fair position of standing, not only to criminal prosecution, but also to protect the legitimate rights of the accused are not violated. Finally from the "objective that" win a General Theory. Civil law countries, the objective of the Prosecutor's obligation to theories that a "guardian of the law" and "public interest, representatives of these two arguments." Later, the introduction of the common law countries, the lawsuit idea, but slightly different argument, called the "just law enforcement obligations." Obligations as an objective the development of the Prosecutor and the evolution of gradually accepted by most countries in the international legal document on the objective of the Prosecutor also has obligations.Chapterâ…¡Content Prosecutor objective obligationsObligations of the original objective is an important theory in civil law, common law was on the prosecution system had an important impact, as common law countries, just one of the sources of law enforcement theory, Japan, Italy and other countries of the criminal system in the Power of changes to the adversary after the development is still the obligation to retain the principle objective of the prosecutor, the prosecutor objective obligations which have been the civil law countries and common law countries generally agree with the international nature of the legal documents are also available to the Prosecutor objective obligations, obligations of the prosecutor has the general objective of universality. Why prosecutors should bear the objective obligations because: First, as the unique positioning of the Prosecutor; Second, due to public interest requirements; Third, in order to balance the strength of prosecution and the defense; Fourth, the requirements of criminal purpose. What kind of objective prosecutor has a duty to its specific content including: a comprehensive collection of evidence the Prosecutor has a duty; discovery obligations; reasonable obligations applicable law; legitimate exercise of the right to appeal the obligations; avoid obligations; protection of the Defendant human rights obligations and so forth. Chapterâ…¢Status of Prosecutors objective obligationsObjective obligations of the Prosecutor in the political system and our unique bottom-litigious environment with Chinese characteristics, China's Criminal Procedure prosecutors played a multiple role, form seems to suit Yi Fang Dang Shiren, in essence Que is the public's Dai Biao and Li Yi legal supervisor, all to the public interest. This legislation in our country are much there is embodied in the objective and the obligation of the prosecutors have done a lot of requirements, such as provisions relating to evidence collection, legal supervision requirements, the requirements discovery and so on. But because China traditionally subject to "heavy blow, light protection," "entity, despise procedure" concepts, ideas obligations in an objective understanding of the Prosecutor there Deviation make prosecutors objective the implementation of obligations in the real face of encountered a number of practical problems, first of all is our lack of court prosecution of judicial review, and how to protect the obligation of prosecutors to achieve the objective is a need to focus on solving the problem; Second, prosecutors in the criminal activities of an objective duty of every Stage performance is different, this is a challenge to the prosecutions. Prosecutor objective obligation is implemented in practice there have been various problems, such as the right to appeal the improper use, neglect the prosecution of human rights protection and so on.Chapterâ…£Obligations to achieve the objective of ProsecutorsProsecutors stressed that the objective in our obligation to have their theoretical basis. One theory is that the pursuit of justice according to the fundamental purpose of criminal proceedings, to punish crime and protecting human unity. Fairness in criminal proceedings, including substantive justice and procedural fairness. The second theory is under the legal supervision of the prosecution branch agencies, prosecutors in criminal proceedings as a judicial role. Therefore stressed the obligation of the Prosecutor's objective of great theoretical and practical significance. The obligation of the Prosecutor's objective as a concept, must be institutionalized to achieve, the prosecutor in our criminal objective and obligation of every stage of the process has different performance and requirements.Objective obligations of Prosecutors adopted prosecution of the public security organs, "lead investigation" to strengthen the comprehensive collection of evidence to strengthen the preservation of evidence so as to reflect in the investigation process; through the establishment of discovery rules and prosecutors to help improve the investigation and evidence collection system in the prosecution process on the implementation of the Prosecutor's objective obligations; in court proceedings, not only have to pay attention to focus on the accuracy of conviction sentencing the accuracy of the proposed use of sentencing power to prosecutors obligation to carry out an objective one; the legal remedy procedure, Prosecutors should also be provided for the prosecution of human interest the right to appeal, to protect the legitimate rights and interests of the Defendant. These are the obligations of prosecutors and objective criminal activities in our specific requirements and implementation.