Research On The Public Prosecutors’ Objective And Judicial Obligation

The prosecutor objective obligation is the prosecutor in the judicial activities must abide by the basic principle,its content is reflected in the judicial activities of each link and each stage.Objective duty demands to the prosecutor to prosecute a crime of state functions,but also more to prosecute a crime in the process of protecting human rights.Pay attention to guarantee the litigious rights of the accused person,need the prosecutor in the neutral and objective position,beyond the position of the parties,not to the accused person as the only criterions for the conviction of value pursuit,but the case of equity and justice is responsible,responsible for law,embodies the prosecutor is the national legal guardians of the status.However,what we need to see is that the performance of the objective obligation of the public prosecutor is not optimistic in our country,there are a lot of problems and realistic difficulties.Among them,need special attention is that the lack of objective and Judicial obligations of criminal misjudged cases.In addition,the reform of the litigation system centered on the trial has put forward new requirements and standards for the prosecutor to fulfill the objective obligation.In order to realize social fairness and justice,and fulfill the objective obligation effectively,also to prevent the objective an obligation formalized problem.This paper is based on the basic understanding of prosecutors objective obligations as a starting point.To compare and study foreign related standards,finding out the realistic dilemma of the objective and judicial obligation,and analyzing the reason of the dilemma.Finally,the paper will explore how to guarantee the prosecutor perform the objective obligation effectively.To be specific,the content shall be discussed in detail as follows.The first chapter is the theoretical basis of the objective obligation of the prosecutor.This part mainly includes the basic concept and connotation of objective and judicial obligation and the relationship with the professional ethics of the prosecutor.This paper summarizes the essence of objective and judicial obligation and the concrete connotation of the discovery of the essence of truth and due process,and finds the spiritual content of the objective and judicial obligation from the professional ethics of the prosecutor.The second chapter is the investigation and comparison of the foreign norms of the objective and judicial obligation.In this part,the author summarizes and analyzes the legal documents of international documents,different countries such as Germany,France and the United states.The objective obligation of the public prosecutor has become an internationally recognized standard,and the legal norms of the European and American countries have been defined from different points of view.Our country needs rational analysis and draw lessons from international standards and other countries on the objective and judicial obligation of the favorable content.The third chapter is about the present situation and analysis of the objective and judicial obligation of the public prosecutor in our country.This part mainly summarizes the legal basis,the status quo of performing of prosecutors’ objective obligations in our country.Then,analyzing the performance problems of prosecutors’ objective obligations,including institutional predicament,role conflict,institutional barriers,handling mechanism barriers and psychological problems.The fourth chapter introduces the effective way to fulfill the objective and judicial obligation of the public prosecutor.This part is to study how to ensure the effective realization of the objective obligation of the prosecutor.Mainly from the reform of the litigation system centered on the trial,the scientific and reasonable system and mechanism,the content of the professional ethics of prosecutors and the spirit of the professional ethics of the prosecutor’s point of view.