The Objective Of Prosecutors Obligations

Prosecutors objective obligations refers to the prosecutors have to be in objective perspective, seek the facts of the case and the truth, justice comprehensive collecting evidence, review cases and the proceedings of norms, thought and behavior. In the nineteenth centaury German prosecutors objective obligation, the earliest established the basic principle is true doctrine and the entity powers socialist unity is a combination. Prosecutors of generation, objective and fair obligation completely broke the prosecutors "king night watchman" role, prosecutors also embody the positioning of justice and real pursuits. So the theory, other countries generated rapidly after the prosecutor objective obligation to content reflects legal. China's legislation of the theory in the specifications. From this theory from theory basis national sovereignty, public view, representative, substantive justice and procedure justice theory, is the present legislation in academe and widely accepted by all the theoretical basis.Prosecutors objective duty requires not only prosecutors to pursue truth, safeguard the case essence defendant's legitimate litigation rights, but also the case facts objective and fair evaluation to realize legal justice. Procuratorial representative of national interests of universal social attributes. On behalf of the state prosecution is for crimes prosecution power, is representative of national overall interests. Prosecutorial power is considered the special state organs, both have power in the power of the lawsuit, it also takes the realization of justice responsibilities and obligations. Prosecutors just country representatives of public prosecution, it must be based on objective stance exercise procuratorial authority. Prosecutor's primary responsibility is to protect procuratorial power is an objective, fair and effective implementation. This is because prosecutors as the interests of the people, not only to the victim representatives from the position consideration and to consider the impact of crime to society and to be the criminal policy of restraint, finally from the fair position to prosecute or not to prosecute. Concerns Maintain national interests is the starting point, also can prosecutorial prosecutors must follow the principles. Therefore, in fairness, prosecutors in the implementation of the starting position to maintain power indictment of national interests rather than a minority interests as their ultimate goal, fulfill the prosecutor should abide by the objective and fair obligations.In judicial practice, prosecutors not only bear the fighting crime functions, even give attention to two or morethings the maintenance of the defendants various legal rights, this also is the core of objective and fair obligations prosecutors content. Law gives prosecutors have power and obligations (responsibilities) are contradictory, mutual unified two aspects. As for the latter to perform in a certain extent, fighting crime to prosecutors exercise to weaken the function, will suffer prosecutor in law, so will boycott the level to perform the obligations compulsory prosecutors. But, from our country current judicial actual look, in the investigation process, evidence collection, shown, defendant rights protection, prosecutorial system construction of restrictions are objective and fair compulsory realization prosecutors obstacles. In our country to truly achieve prosecutors objective is to strengthen the duty of investigation, evidence of supervision and guidance, through institutional reconstruct make such supervision and guidance maximum effect; Two is to establish the evidence preservation obligation, three is to carry out the defendants should to do, not only to the responsibility to protect comprehensive collection can be condemned and sin heavy objective and fair obtaining evidence, and the evidence not guilty, light offence, fighting crime and maintenance of the defendants interests combined unity; The relative independence of wisenews insist prosecutor. A case of public prosecution from reform exam system of quality, can't let host case prosecutor in "innocent chained in a ticket veto, but also improve relief approaches, establish and perfect the disclosure, and hearings and information disclosure system.