On The Predicament And Outlet Of The Objective Obligation Of The Prosecutor In China

Since the new century, China's criminal procedure system has been in a constantly changing process. The status and the corresponding functions of the prosecution in litigation also will be changed, and some new problems have been created by the change. How to achieve the objective duty of prosecutor and combined it into the evaluation system, and how to achieve the investigation and the punishment of the obligations is a serious problem faced by the procuratorial work system under the new situation. This paper intend to start with the analysis of the connotation and extension of the obligations and on the base of the comparative research, combine China`s unique political environment ? litigation environment and the situation of legislation and practice, insist the principle of the analysis every specific issues, draw lessons of other countries excellent points and abandon their shortages. I hope I can find some inspirations and references for the development and construction of the Chinese Criminal Procedure and do some contribution to plump the Prosecutor Objective Obligations Theory.The writing of this paper is divided into four steps: the first step, briefly introducing the objective obligation theory in litigation, putting forward the recognitions of theoretical and substantive departments at issue and problems in practice, and clarifying the background and significance of the paper, then leading to the following parts. The second step, starting with the background and practical requirements of the objective obligations to analyze the connotation structure, the relationship with the statutory obligations of the Prosecutor, etc. Then to determine its extension of scope and property, to clarify the mechanism of localization of the objective responsibilities of the Prosecutor, and to explain the possibility of the objective obligations of the Prosecutor in China. The third step, introducing the m theoretical research progress on objective obligations at home and abroad, including the study progress in civil law as well as common law systems, and extended evaluating the international recognition to this field. The fourth step, on the basis of the preceding analysis, clarifying the importance and significance of confirming the status of the objective obligations in the obligations of the Prosecutor.The writer hopes to make an analysis on the object duty of connotation and extension, to clarify the local mechanism of the object obligation of the procurator. Analysis and interpret the duty bound of our nation. And to make comparisons with other duties of the procurator and to make clear the important status. And what`s more on this basis innovatively add to propose a mechanism to make a judge on the implement status of it. To supervise and assist the cogent performance of our procurator on the object obligations.