Research On The Public Prosecutors' Objective Obligation

The theory of the public prosecutors' objective obligation,as an importent compenent of the rule of law and civilized world,is of great significance for practicing justice,for human rights protection,for promoting the rule of law.Therefore, whether civil law countries, or common-law countries has attached great importance to the idea of the public prosecutors' objective obligation and builded its related system. As China's development of procedural system, China conforms to the times, added a number of code on objective obligation of the public prosecutor in the Criminal Procedure Law being amended in 1996. However, in practice, the prosecutor's appear departures from the objective obligation, giving rise to the theory community and the Attorney General Prosecutor practitioners'attention.In order to better understand and grasp the objective obligation of the public prosecutor, we need start with an overview of the theory of it, analysis content and extension of the objective obligation, and its theoretical foundation.This thesis try to answer the question what an objective obligation is by analysis the above? What is the core values of it? Where is the fulcrum of it? As knowledge of the constraints, I have the help of comparative perspective analysis, to further elaborate the objective obligation of the Prosecutor-related issues. The article begins with that generation and development of the objective obligation, debates about the theory and the relevant legal requirements in Two Schools of the country, even reflection on international norms, there is a vertical and horizontal two-way visit, comes to a conclusion that the prosecutor shall perform the objective obligation, but there exist many differences in the Two Schools of the country. On the basis of it,the author will focus to introduce and analysize the public prosecutors'objective obligation in the Context of China. The third part introduces interpretation of prosecutors'objective obligations coming from China's theoretical circlesand prosecutors'objective obligation embodied in the practice. Part IV discusses the ideal and the reality on the objective of China's obligations to the prosecutor, further explains reasons for a gap between the ideal and the reality of the objective. The last but not the least,the author advices prosecutors to fulfill objective from the three dimensions in our coutry:to establish an idea on objective obligation of the public prosecutor; to establish the objective obligation as a basic principle of criminal proceedings;to improve the system of the public prosecutors'objective obligation.