The Litigation Status Of Procuratorial Organs

Status of the prosecutorial organs in litigation has been always an important thesis in the litigation systems in practice and in theory. The heavy identities of the prosecutorial organs cause its status in litigation complexly. According to the basic principle of the criminal procedure, the author wants to define the litigation position of the prosecutorial organs.Nowadays, so many countries' prosecutorial organs, such as German France Janpan and British, take the objective obligation rather than only one party in the criminal procedure. However, we must study the status of Chinese prosecutorial organ with reasonable and constitutional angle of view. Because of its special history and politics system, Chinese prosecutorial system is different from that in the capital countries. Its prosecutorial power must be legal supervision power. The prosecutorial organ is to check the police power abuse and to prevent the judgers from damaging the human rights, which make it play the role of the organ with objective obligation responsibility. Because the public prosecution power is of supervision, the supervision power of the prosecutorial organ is not conflict with the public prosecution power in the criminal process. So the supervision power can keep the balance of the accused and the prosecutors and the judicial independence.Therefore we must heighten the supervision power of the prosecutorial organs on the basis of the judicial fairness and the independence of the prosecutorial power principles. It is necessary to improve the procurators' ability and make them realize their roles .In addition, we need to build up a series of systems of protecting the two parties' litigation rights.All in all, the public prosecutor should be an organ with the objective obligation rather than an party in criminal procedure.