Study On The Objective Of Prosecutors

The procuratorial organ,as a legal oversight body,plays a full-function role in litigation activities.Prosecutors fulfill their objective obligations,so that can effectively prevent false and wrong cases.In recent years,more and more wrong cases have surfaced.Under the circumstance of deep sorrow,we also can feel a little thankful that because the three organs of the Public Quarantine Law are playing an increasingly active role in the prevention of wrong cases.Some cases were caused by prosecutor who found that the fact was not sufficiently identified and the illegal evidence was excluded in the review stage,such as the case of Wang Yulei in this article.In addition,some procuratorial organs collect the evidence in the process of retrails and protests,eliminate illegal evidence,correctly ascertain facts,accurately apply the law,so that some wrong cases can be corrected.However,more cases that have been rectified were not actively corrected by the judicial office.Instead,they were forced to correct due to "the returned dead" or "the murderer was arrested".Therefore,how to make prosecutors better fulfill their objective obligations in order to reduce the occurrence of wrong cases from the source is a question that we should pay attention to and discuss a lot.The first part is the introduction of the production and the contents of objective obligations.Whether the prosecutor has the objective obligations or not have caused heated discussions in Germany's "two-party's dispute".Then the prosecutor's objective obligation has been established,he should be the guardian of the law.He cannot only aim at winning cases and collect unfavorable evidence.He should protect the legitimate rights and interests for the victim and the person being prosecuted.The second part explores the theoretical and practical significance of objective obligations.It is the requirement of establishing the institution,protecting the public interests,and the justice of substantive and procedural.It has the practical significance for the comprehensive collection and presentation of evidence,balancing the strength of prosecution and defense,and restricting discretion.The third part analyzes the possible implementation of the objective obligations.The adversarial institution of litigation is compatible with objective obligations.The role conflict of objective obligation itself makes it difficult for prosecutors to perform their objective obligations.As a neutral judicial officer and a supervisor of the law,the prosecutors should go beyond the party's position and play its due role in achieving procedural justice and safeguarding judicial justice.The power of prosecutors is so great that is given the objective obligation is to better retrain them and prevent them from abusing their power.The forth part mainly discusses the relationship between prosecutor's objective obligations and criminal wrong cases.Through the analysis of psychological biases,various external factors and relative cases,we explored the why the prosecutors cannot adhere to objective obligations.If the prosecutors perform the objective obligations in performing their rights to examine approving arrests,performing the discretionary power of prosecuting,fully collecting evidence,and listening to defense counsel,they can effectively prevent wrong cases.The fifth part is the improvement of the prosecutor's objective obligations.It proposes the concept of justice,the objective obligations should be adopted into the law,the evidence disclosure system should be perfected,lawyer's right to defense should be protected,the prosecutor's relative independence and assessment institution should be completed,and the violation of prosecutor's objective obligations should be established.