Theoretical Analysis And Practice Of The Professional Ethics Of Chinese Prosecutors

The professional ethics of prosecutors is an important basis for regulating the professional behavior of prosecutors.Analyzing the professional ethics of prosecutors is helpful to regulate the behavior of prosecutors and make them comply with professional requirements,so as to achieve the goal of safeguarding judicial justice.This paper will analyze the professional ethics of prosecutors according to the order of "theoretical analysis-exploration of experience in other countries-professional dilemma and perfection in China".Its basic ideas are reflected in the following:Through the theoretical analysis of the professional ethics of prosecutors and the relevant practices of extraterritorial procuratorial professional ethics,the principle framework of the professional ethics of prosecutors is shaped,and it is used as an analytical tool to discuss the problems in China's reality.In order to build the professional ethics system of public prosecutor in China.Firstly,the basic theory of prosecutor's professional ethics is discussed.By distinguishing the concepts of morality and ethics,professional ethics and professional ethics,professional ethics is considered to be a kind of code of conduct that professionals follow in their professional activities,and occupational ethics is the fundamental requirement for occupational ethics construction.As a kind of professional ethics,the shaping and construction of legal profession ethics should also abide by this characteristic.However,under the premise of the ethics of legal profession,the professional ethics of public prosecutor should also be carried out according to the characteristics of the exercise of procuratorial power,so as to reflect the characteristics that the professional ethics of public prosecutor is different from those of other legal professions.Secondly,it explores and summarizes the experience of the professional ethics of prosecutors from outside the country.The following conclusions are drawn by combing out the relevant practices of the countries represented by the Anglo-American and civil law systems:1.The occupational ethics provisions should conform to the occupational orientation.Second,the content of occupational ethical norms should be clear,specific and highlight professional characteristics.Third,prosecutors,judges and lawyers should coordinate and cooperate with each other in order to jointly safeguard the identity of the legal profession.Fourth,according to the professional characteristics,and build the corresponding internal responsibility system.Therefore,the professional ethics practice of the prosecutor reflects the essence of occupation.On the one hand,based on the distinction between professional ethics and personal ethics,the professional behavior method is refined and the professional behavior standard is clarified.On the other hand,it emphasizes the distinction,interaction and integration within the legal professional group and focuses on shaping its internal responsibility system.Finally,according to the dilemma of professional ethics of public prosecutor in our country,the author puts forward some suggestions for constructing professional ethics of public prosecutor in our country.The main problem of professional ethics practice of public prosecutor in our country is that the professional ethics construction of public prosecutor does not adhere to the professional position,which leads to a departure from the basic legal professional characteristics and spirit.Therefore,the construction of professional ethics of public prosecutor in our country should be carried out step by step according to the characteristics of the procuratorial system in our country under the premise of observing the ethical characteristics of legal profession.