Study On The Objective Obligation Of Prosecutors

The objective obligation of prosecutors refers to that they are as litigants of one party, have obligation to substantial justice as close as possible, make choices on the bases of facts and never set goals just on testifying the guilt of the defendants, thus defend and realize the fairness of judicature. The objective obligation of prosecutors is the fundamental requirements of modern procuratorial system and the main argument about it is the right definition of prosecutors' role. The supporters define the prosecutors as objective protectors of Law, requiring that prosecutors should comply with legality and objectivity when performing their duties. Objectors define prosecutors as subjective litigants of one party and as plaintiffs in the General Prosecution of the Civil Law, their duties are to charge defendants, win lawsuits but under no obligation to protect defendants.The controversy of prosecutors' objective obligation exists all the time, but it has been working since it came into being a long time ago. Whether in France and German, or in Japan that adopts mixed proceedings, or even in British and America that emphasize on the adversary lawsuit mode, they clearly prescribe in a variety of ways that prosecutors should be under an obligation to be fair and objective. In spite of the difference in different countries, its globalization and convergence are a kind of fashion and trend.At present, our country is in a very important period of implementing comprehensive strategies of running state affairs according to the law and exerting to build a harmonious society. And relevant laws and acts must be in favor of defending and realizing fairness and righteousness. The prosecutors' objective obligation is of great importance to criminal judicial fields in our country. For prosecutors in our country, the objective obligation is prosecutors' statutory duty. However, in terms of their self-recognition, common sense and specific systems, it is a little difficult to be carried out. So it must be solved in two sides: changes in the idea and notion of principles and layout of specific system, which means adding the 3rd item to the 7^th clause in the Organic Law of People's Procuratorate, stating clearly that the objective obligation of prosecutors' principals in our country; at the same time through clearly prescribing prosecutors' duties of collecting proofs comprehensively, enlarging the scope of discovery proceedings and enforcing the layout of specific system like the procedural relief of the defendant's right and so on to ensure that the defendants should be treated in a legal way.