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The Practical Limitation On Objective Obligation Of Prosecutors

Posted on:2015-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:P P ChenFull Text:PDF
GTID:2266330428998298Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The claim that prosecutors should uphold objectivity when handling criminal cases isaccepted by the two legal system states. The claim is also reflected in many internationaldocuments, as the UN "Guidelines on the Role of Prosecutors "and" the Rome Statute ofthe International Criminal Court ". Prosecutors’ objective obligation put forward bymodern German Justice is a more typical learning science principle, and scholars havegreat expectations on the theory and the objective obligation. But prosecutors’ objectiveobligations relating to the law is very abstract, and in practice, either common law or civillaw, prosecutors have failed to fulfill the obligations objectively as well as the objectivetheory described, prosecutors act as the vanguard of the fight against crime in theproceedings, with prejudices position. They’re great passion for winning promotemisjudged occur sometime. The phenomenon is irrefutable existence in China.In our judicial practice, the prosecutor ’s dual role conflict, widespread humancognitive biases, and our reliance on the investigation files from polices, the particularinstitutional Politics and Law Committee and the intervention of judicial, make prosecutordifficult to handling the case independently, difficult to demonstrate the prosecutor ’sobjective. Which makes it very difficult to study the theory: on the one hand we need toadvocate objective obligation, on the other hand we profoundly reveals the limitations ofthe theory.As a very important theory, we must admit it and try to implement it in practice. Onthe one hand, we should reconstruct a viable theory of objective obligation. On the otherhand, we need to strengthen the system construction and reform, to reduce barriers toachieve this theory.
Keywords/Search Tags:Prosecutor, Objective Obligation, Role Conflict, Cognitive Bias
PDF Full Text Request
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