Talking About Objective Duty Of The Public Prosecutor

As"the legal keeper", the public prosecutor investigates the crime on behalf of the country. In order to discover the facts of a case, the public prosecutor should not stand on the side of any party, but should stand on the side of objective, collects the evidence comprehensively, safeguards participants ' legal rights according to law , guarantees fairness and justice, and promotes social harmony. Our country is affected by the traditional criminal prosecution idea"National Standard","Instrument Dictatorship Theory", the public prosecutor in the criminal prosecution, they place more emphasis on content than form, and pay more attention to combating the crime, but neglect the protection of participants ' legal rights, which disobeys the public prosecutor's objective duty, can not protect fairness and justice and promote social harmony development effectively. In this paper, with the comparison research method, by inspecting the objective duty theory form history of the public prosecutor, and with Chinese realities, I propose the public prosecutor objective duty concept, the value orientation, as well as realized the public prosecutor objective duty way. Also, I think the public prosecutor objective duty should be established in the criminal prosecution as the basic principle, establish the rule of comprehensive collection evidence, the rule exclusion of illegal evidence, the rule of evidence discovery, and so on. To establish the system of control of defense which should be essential and fair, to protect the human rights, implement"procuratorial integration", to improve the public prosecutor performance check-up standard, and to prompt the harmonious development of the procuratorial business.