On The Objective Obligation Of Public Prosecutor

As an important component of modern judicial system, prosecutors play a key role in criminal proceedings. The theory of Prosecutors' Obligation of Objectivity and Fairness was established in the mid and late 19^th century in Germany. At Present, it exists in criminal proceedings rules in both English-American Legal System and Common Law Legal System. Meanwhile, it also becomes part of requirements of international law. This text, standing on the basis of judicial practice in China, by analyzing the origin and development of the theory of Prosecutors' Obligation of Objectivity and Fairness, related system and practice in other countries, contents of the system of Prosecutors' Obligation of Objectivity and Fairness in China and its shortcomings, puts forward suggestion in order to improve system of prosecutors in China.Chapter 1 gives a survey of Prosecutors' Obligation of Objectivity and Fairness. It expounds the procedure of birth and development of Prosecutors' Obligation of Objectivity and Fairness and analyses three theoretical foundations of Prosecutors' Obligation of Objectivity and Fairness, that is, purpose of setting up the position of prosecutors and clarifying their proper place, purpose of modern criminal proceedings and requirements of balancing both two parties of prosecuting and advocating.In Chapter 2, there is a comparison of Prosecutors' Obligation of Objectivity and Fairness among different countries. Then what we can learn from is concluded. Rules of Prosecutors' Obligation of Objectivity and Fairness regulated by typical countries out of the two Legal Systems is listed and compared so as to find out the similarities and dissimilarities of the Obligation in different modes of proceedings. The following is what we can learn from: Properly Positioning prosecutors, balancing both two parties of prosecuting and advocating, bringing Prosecutors' Obligation of Objectivity and Fairness into substance, etc.Chapter 3 describes the status quo of legislation and judicial practice of Prosecutors' Obligation of Objectivity and Fairness in China and analyses its causes. In legislation, provisions of Prosecutors' Obligation of Objectivity and Fairness can be found in Criminal Procedure Law and Prosecutors Law, including legal supervision, challenge, overall investigation, assistance in investigation, demonstration of evidence, overall relief, assistance in protecting the rights of the accused in proceedings. In practice, the phenomenon of prosecutors' violating their Obligation of Objectivity and Fairness is not uncommon and in various ways. Getting to the bottom of it, it is the defect in their judicial idea, operation of legislation, mechanism of examining and evaluating, quality of the stuff that cause the above problems.In last Chapter, Suggestion is raised to improve Prosecutors' Obligation of Objectivity and Fairness in China.