On Objective Obligation Of A Public Prosecutor

In the countries of the rule of law, most countries' Code of Criminal Procedure provisions that prosecutors in criminal proceedings must abide by the objective obligations, It not only requires prosecutors in criminal proceedings to prosecute for crime, it is also necessary for prosecutors to protect the interests of the defendant. Judging from China's situation, the 1996 amendments to the Code of Criminal Procedure provide some objective obligations of the prosecutors, but it is a general phenomenon that prosecutors ignore objective obligations in practice, which has aroused common concern of the fields of theory and practice.Firstly, The article maintains that Prosecutors who ignore the objective obligations are prone to be the "pioneers" of punish crimes because of the long-term "heavily blow" concept in criminal proceedings. Secondly, there have also been some wrong points in the recent reform of the Code of Criminal Procedure. This points support that the Prosecutors should be a party in the course of the criminal proceedings, the prosecutors' status is same as the plaintiff' status in the civil proceedings. This is a wrong understanding of the objective obligations of the Prosecutor, and it is contrary to the direction of the criminal system reform, so it is necessary to rebuild prosecutors' objective obligations.In order to better understand the prosecutor's objective obligations, it's very important to analyses its concept, the writer comes to his own understanding By comparing international and domestic laws, the fields of theory and practice of China. Furthermore, combining the theoretical basis and requirements of Prosecutors' objective obligations, the article gradually reaches an overall understanding and cognition of Prosecutors' objective obligations. At last, the author focuses on Problems and Solutions of objective Prosecutor obligations in China. After citing several phenomenon of the breach of the objective obligations, the writer suggests that we should renew the concept of penalty, Enact laws, and build related security system to realize the objective obligations, justice and the protection of human rights.