On The Problems And Solutions Of The Objective Obligation Of A Public Prosecutor In China

With the promotion of adversarial litigation, highlighting its strengths, but its drawbacks are also increasingly exposed to us,and is be understood by the theory and practice, for it is in favor of the ruthless law of the jungle-style litigation, so the objective obligations of the Prosecutor topic is discussed into our vision, even though the prosecutor's theory of objective meaning has beyong this. In accordance with the objective Obligations theory of the prosecutor, the prosecutor should collecte and preserve the evidences comprehensively, shall not be contrary to the principles of evidence and discriminate between fair prosecution, can not pursuit the defendant to be the guilty and to punish him (her) severely, he should be to appeal or to a request for retrial for the interests of the accused. Although the academic have done more research on the issue of the prosecutor's obligation, so much academic achievements have also to take, but I try my shelf to do the further studies on the basis of the previous success and to do a more systematic and comprehensive thinking, The interpretation point is objective obligation of a public prosecutor for the introduction of the theory, try to analyze the prosecutor's theory on a multi-objective point of view ,to research the rule and the practice in our country which based on. To research the reason of difficult to achieve the status of objective obligation of a public prosecutor. In the end, put forward my own views. The articles contains five parts, besides preface and epilogue.The first part is to do a recommendation of the obligations of the Prosecutor's theory.Firstly, to reviewed the generation process of prosecutorial power, to reviewed the prosecutor which how to form in the history. Then to talk about of the task of prosecutor on the procedural law. At the same time, the Prosecutor shall to undertake the statutory obligations and objective obligations. And then I try to clarified the basic connotation of the Prosecutor objective obligations.The second part si to find the specific the theoretical foundation and legal basis of China's obligations to the prosecutor. Chinese prosecutor, as a product of modern litigation system, the prosecutor's role in common is easy to find in our country, which called for the prosecutor to fulfill the obligation of objectivity is one of their commonalities. Moreover, the theory of prosecutorial power is legal supervision and self-positioning was sustained in China, as well, the prosecutorial power and prosecutors be full of the judicial color in the theory and practice, has been provided for us with the fundament to discuss objective theory of obligation furtherly. Furthermore our "Constitution", "Organic Law of the People's Procuratorate," "Procurators Law," "Criminal Procedure" and the three major procedural law has all to forward to the objective requirements of the Prosecutor.They are all the theoretical and attorney Official basis of the issue.The third part, the represent of our prosecutors who are not objective. In reality, the objective obligations of China's prosecutor fall into the deep trouble. We think there are general embody: resistance to lawyers involved the case in the criminal law, use the evidence illegal and rampant, and to applied the compulsory measures arbitrary, the exercise of prosecute chaos and appeals procedures not objectivity.The fourth part, to analys the reasons which prosecutor not objectively. This paper summarized from three aspects, which is mainly include: people's problems, institutional barrier and backward in technology. Major problems which were also included: traditional values, Unscientific knowledge and personnel selection, professional community non-preformed, the defense can not grow stronger and prosecutors can not independence to decide their public affairs. the institutional problems include: evaluation system, the forgettable victim, the defect systems of evidence and inappropriate relationship among police,Prosecutor and Judge. Finally, to analys the technical issues, such as the DNA database technology, critical technology, and the empirical academic research.The fifth part, through to find the problem as well as analyze the reasons, then I want to put forward the solutions to the problem. Similarly, the issue of this paper think we need to reform in three aspect aboved: to reform the person, to strength the institutional reform and technological upgrading.