Study On Objective Obligations Of Prosecutors From Perspective Of Public Prosecution

The system of objective obligations of Prosecutors comes from continental lawsystem countries, and accepted by the criminal justice system of many countriesincluding Anglo-American law system countries and showed in the internationalagreements in recent years. The essential contents of this system refer to theprosecutor collecting evidence and exercising the right to appeal in criminalproceedings in an objective and impartial manner for the interests of justice anddiscovering the truth. At present, the objective obligations of prosecutors are more orless defined in Chinese criminal justice system, but influenced by the criminaljustice idea of fighting against crime, Chinese prosecution organs are alwayspositioned as the relative parties to a suspect, so its objective obligations are far fromlegal requirements. This paper figures out that it is necessary for our country tointroduce a prosecutor objective obligation system as the basis exists, so the paperfocuses on how to improve the prosecutor objective obligation system against thecurrent imperfect legal system and inadequate enforcement. This paper analyses theconnotation and extension of the objective obligations of prosecutors, conceptdefinition of the objective obligations of prosecutors, to explores the legal attributeof objective obligations of prosecutors history and different patterns of litigation, andsolves the problems in practice with prosecutor objective obligations theory toimprove our prosecutorial system from the point of view of prosecution, combinedwith the rules about objective obligations of prosecutors in Criminal Procedure Lawamendments and the revised " Criminal Procedure Rules of People’s Procuratorates "and the author’s prosecution practice from the point of view of our judicial practice.This paper is divided into four parts including introduction and conclusion. The first part is the basic theory of objective obligations of prosecutors which introducesthe connotation and denotation，formation and development，and the theoretical basisof objective obligations of prosecutors, analyzing the main research progresses. Thesecond part is the objective obligations of prosecutors and litigation modes whichresearches on the content, characteristics and the different legal systems nature ofobjective obligations of prosecutors in different litigation modes, and analyzesobjective obligations of prosecutors in the continental law system authority mode,Anglo-American law system Antagonism mode, mixed prosecution mode andinternational conventions. The third part is the present situation of objectiveobligations of prosecutors in China, which analyzes the legislation and practice ofobjective obligations of prosecutors in China,and points out the problem of theobjective obligations of prosecutors in our country, including judicial idea obsolete,imperfect legislation and ineffective practice of objective obligations. The fourth partis the perfection of the objective obligations of prosecutors in our country. This partmakes the author,s specific suggestions of improving objective obligations ofprosecutors from the judicial idea transformation, the improvement of the systemand the guarantee on the system.