On Considerate Obligation Of Prosecutors

In criminal procedure，empowered with state power, prosecutors have access to judicialresources provided by the state，the defendant’s statement as an important evidence in supportof its allegations，in the absolute advantage in the ability to participate in the proceedings,prosecutors and the prosecuted, in fact, the unequal status of litigation. Although the currentCode of Criminal Procedure made significant change to absorb some of the practices of theprosecution and the defense against the common law, but re-light procedures of entitiesdeeply entrenched, there are too many reservations on the right to counsel, the practice ofjudicial staff underestimate the role of lawyers, lawyers practice in accordance with law toobstruct the event occurred. Powerful indictment of strength, not one or two lawyers will beable to compete. The status of the prosecution and the defense a serious imbalance in theprosecution of people to become urgent prosecutors’ vulnerable subject of special treatment.Prosecutor responsibility on the prosecution of litigation care obligations, designed to enableprosecutors to fulfill complaint functions to assume care of the prosecution of human rightsobligations, to a certain extent, to reverse the weak position of Criminal Procedure,prosecution of persons, protection of their legitimate rights and interests.In addition to an introduction and a conclusion, this dissertation is divided into threeparts, about32,000words.Part I deal with the prosecutors’ responsibility on the prosecution of the litigationoverview of care obligations, and discuss its theoretical and practical basis. Prosecutor careobligation of the prosecution of the litigation is an obligation to assist prosecutors in criminalproceedings in the prosecution of people to fully exercise their rights. It includes informed,comprehensive collection of evidence to assist in exercising his right and the interests of theprotest being prosecuted four specific obligations. Prosecutors fulfill the obligations inherentrationality of litigation care is the prosecutor of the judges’ attributes and an objective and fairobligations. The prosecutors bear the reality of the lawsuits care obligations is that theprosecutor in our judicial environment of pre-trial detention decided to “The Chief” and thelack of effective control, the prosecutor implementation of the examination and prosecutionsecret and unilateral characteristics, the procuratiorial organs of the Court legal supervision ofprosecutors with sentencing recommendations. Part II deals with the prosecutors’ negative litigation care obligations exist and thereasons for analysis. Specific to Prosecutor Litigation care obligations, various specificobligations, there are many problems: inform programs defects; comprehensive collection ofthe burden of proof is not effectively fulfill; prosecutors do not agree to assist in the exerciseof the right to defense obligations; for a person interests for the prosecution of the protestobligations, prosecutors protect is rare, more rare protest to serious punishment. Because ofthe problems mentioned above:(1) obligations of the parochialism of the mode of criminalproceedings and prosecutors practicing the concept of bias;(2) the prosecutors litigation careobligations to its existing complaint functions of conflict;(3) the principle of Prosecutorialrequired life from the organization under construction;(4) the tremendous work press andunreasonable job requirements;(5) lack of procedural sanctions mechanism.The third part of the departure from China’s legal environment the recommendations ofthe prosecutors on the prosecution of litigation care obligations. First, prosecutors should bestrengthened based on the facts and law as the yardstick, the law enforcement concepts,establish guidelines to be followed by prosecutors in the handing process, to prevent theexperience assumptions, biases and irregularities in gathering. Second, we should strengthenthe guidance and supervision of the investigation and evidence collection of the investigativeorgans, recommended the introduction of the Attorney to guide the investigation, theprocuratorial organs involved in the investigation of major cases of extraction, fixed anddetection of evidence and recommendations. Third, to strengthen the prosecutor relativelyindependent position to distinguish between the public prosecutions services with theAttorney General of Administrative Services, the prosecutor is relatively independent in theexercise must be strictly in accordance with the law, affecting the major procuratorsoperational matters should not be decided by the prosecutor. Forth, effectively taking intoaccount the actual situation of China’s criminal justice to improve the specific obligations, torefine the characteristics of the various specific obligations, attention to the different carebehavior of the prosecutor.