On The Substantive Performance Of Public Prosecutor

Substantive prosecution activity in the court is not only the foundation of effective defense,is also the important precondition of neutral judge and an indispensable part of trial.So what is the substantialization of public prosecution? How wide is the gap between the public prosecution and the substantialization requirement? How to explain the gap? How to improve the public prosecution work,to achieve the substantive performance of public prosecutor? This paper intends to analyze these problems.It is expected that through the research of this paper,it will be beneficial to improve public prosecution work to its substantialization and committed to realize the substantiation of the trial.In addition to the introduction,the text is divided into four parts,the full text is over 30,000 words.The first part studies the intension and theoretical basis of the substantive performance of public prosecutor.So-called the substantive performance of public prosecutor,it is neither the operating results of a particular system,also is not the typed standard of quality of public prosecution,but refer to an ideal state of litigation role,namely Following basic litigation law and proper procedure,the prosecutor in court has played its al egations effect,developing constraints of a fair trial to the judge,also decided the extent to which the tribunal's function of identifying facts and identifying evidence can play a role.Public prosecution is the key of substantive trial,prosecutors should effectively play the role of trial charges,show the court full and complete evidence,supplemented by necessary evidence reasoning and argumentation to the claim for criminal prosecution,that the trial performance of public prosecutor can really serve the purpose of the separation of powers,the legitimacy of prosecution,and the protection of judicial credibility.The basis of the substantive performance of public prosecutor is the inherent implication of the substantive trial.Under the background of the reformation of substantive trial,the judge grow neutral and dominate the trial,the role of defense is also becoming prominent,the substantialization of prosecution in court is the only way to adapt to the change of the role of judge and the change of the defense environment.The second part investigates the present situation of public prosecution in China.By comparing the requirements of the substantiation of public prosecution,it can be seen that the public prosecutions in our country have presented a formalized situatio n.The prosecutor did not carry out the charge of the crime,and the trial is not considered as the only way to charge,the court of public prosecution is only as a legal procedure within the framework of the activities,and it is impossible to provide effective guarantee function for the confirmation of the trial and the identification of evidence function,so as to restrain the judge and realize the normal operation of the tripartite lawsuit structure.All these have been mapped to the prosecutor's trial charges,which are manifested as insufficient evidence information display,lack of reasonable evidence,and lack of validity of arguments.The third part analyzes the reasons for the formalization of public prosecution in China.The reason of formalization mainly lies in the litigation structure and the working mode,including the close relationship between the prosecutor and the judge,the imbalance between the prosecutor and the defendant in the structure of litigat io n,and the entity tendency and verify thinking in working mode.In the litigation structure,the cooperation is more than necessary and restraint is insufficient between the prosecutor and the judge,the imbalances reflect in the acquisition of case informa t io n as well as to the fact in the reaction of force.In the aspect of work patterns,prosecutors pay more attention to substantive justice,despised the process of trial;Obsessed with mutual support between evidence,ignore the application of logic rule of thumb.The fourth part puts forward the suggestion of realizing the essence of public prosecution.To realize the substantive performance of public prosecutor,and committed to promoting the substantialization of the trial,major measures should be take on adjusting and optimizing the existing litigation structure and updating and improving the working mode.First of al,through the necessary institutional norms to strengthen the restriction relationship between the prosecutor and judge,and stand out the importance of the equality in prosecutor and defendant to restrain the alienation of the structure.Secondly,the prosecutor should establish the role consciousness of the trial accusation,take the reform as an opportunity,and properly handle the relations hip with other parties.Finally,the prosecutor must envisage their poor work in the trial of public prosecution,and aim at specific issues to make measures for improveme nt accordingly,and through sufficient preparation before the court,strengthening trial charges and team construction,to play the role of prosecutor in trial activities.