On The Legal Status Of The Public Prosecutor

In the adversary proceedings, criminal trial adopts an adversary system in which public prosecutor is a litigant, who is equal with the accused. Because the proceeding emphasizes the party's activity and the judge's authority, the public prosecutor performs the function of public prosecution primarily. His supervision function which oversteps the judge and the accused is very limited. As a result ,he is a national public prosecutor in court. While in the ex officio litigation procedure, criminal trial adopts an inquisitional system in which public prosecutor is not a litigant but a judicial official with extensive rights of supervising judgment and limited function ,and who is not equal with the accused .So the public prosecutor plays a primary role as a supervisor of judgment. Today, it happens to public prosecutors under these two modes a common trend of development that a procurator is being a litigant who plays a primary role as a national public prosecutor in court, who is equal with the defendant and whose prosecution function is strengthened at large but supervision function is restricted strictly; While at the same time he must treat the accused in an objective and fair attitude. In China, public prosecutor's status is still not clear and definite after the reformation of trial mode. As for this , public prosecutor should be a litigant with his public prosecution function strengthened and his supervisory function cancelled. It is suggested that we should revise and perfect the related items of the current code of criminal procedure and make public prosecutor's status clear and definite; practice the objective and fair principle by establishing the system of proof disclosure toward the defendant to, to promote the equalization between the procurator and the accused; and finally restrict his right to appeal stringently.