The Realistic Dilemma And Outlet Of Our Country’s Prosecutors’ Objective Obligations

The objective duty of the prosecutor,also known as the objective and fair duty of the prosecutor,means that in order to find out the truth of the case,the prosecutor must go beyond the prosecutor’s position,be loyal to the facts,and perform procuratorial duties objectively and neutrally,thereby protecting human rights.In China,the main functions of procuratorial organs are reflected in public prosecution and legal supervision functions.With the reform of the trial-centered criminal procedure system and the adjustment of supervisory institutions in recent years,their legal supervision functions have gradually been strengthened and emphasized.It is complementary to the objective duty of the prosecutor.As legal supervisors,representatives and defenders of public welfare,prosecutors play an irreplaceable role in judicial practice.They should make efforts to achieve judicial justice,be more politically sensitive and proficient in business,and become the country’s "Reassured" prosecutor.The procuratorial organ takes the maintenance of judicial justice as its responsibility,and the realization of judicial justice depends on the performance of the prosecutor’s objective duties.At present,the objective obligation of prosecutors in our country has moved from "idea" to "system",which to a certain extent helps prosecutors perform their duties objectively and fairly in accordance with the law,making it a basic code of conduct for prosecutors.The thesis consists of four parts,which are an overview of the objective obligations of prosecutors,the realistic dilemma of the objective obligations of prosecutors in my country,the extraterritorial investigation and enlightenment of the objective obligations of prosecutors,and the path to perfect the objective obligations of prosecutors in my country."Overview of the objective duties of prosecutors." With the continuous development of modern society,the outline of the objective obligations of prosecutors has gradually been enriched and clarified.The research on the theoretical basis of the objective obligation of prosecutors mainly benefits from the investigation and development of the extraterritorial system,because the objective obligation of prosecutors in our country is itself an "exotic product." Mainly include: the law guardian theory,emphasizing that prosecutors use the common value of prosecuting crimes and protecting vulnerable rights and interests when performing their duties,and maintaining objectivity and justice;the public welfare representative theory,emphasizing that prosecutors replace the injured party to prosecute and pursue punishment for the public interest Crimes become the guardian of public interests;the theory of legal supervisors emphasizes the legal supervision functions of procuratorial organs,and gives full play to the power of review and supervision of prosecutors.On the basis of this theory,we can deeply explore and understand the meaning of prosecutors’ objective obligations.Its connotations include persistence in objective justice,loyalty to the truth,strict observance of statutory duties and realization of judicial justice.Its extension is mainly reflected in the obligation of objective collection of evidence,the obligation of neutral review,the obligation of conviction relief,the obligation of litigation care and the obligation of seeking a fair judgment.In summary,it is shown that the objective duty of prosecutors means that in order to discover the facts of the case,prosecutors should perform their duties objectively and fairly,so as to protect the law and protect human rights."The realistic dilemma of objective obligations of prosecutors in our country" No legal system can be perfect.While the objective duty of prosecutors is of positive significance to the construction of the rule of law in our country,there are also some problems.First,there are legal flaws in the objective obligations of prosecutors in our country,which violate the objective obligations of prosecutors.The focus is reflected in the lack of standardization of the applicable standards for the right to non-prosecution in the non-prosecution system;the lack of supervision of the application procedures of public interest litigation in the public interest litigation procuratorial system;The second is the actual conflict of objective obligations of prosecutors in our country in judicial practice.Focus on the analysis of the conflict between prosecution and law,the conflict between objective justice and active prosecution of crimes,and the conflict between legal supervision and prosecution.The third is the analysis of criminal wrongful cases concerning the objective obligations of prosecutors.A detailed interpretation of Jiangxi Zhang Yuhuan’s intentional homicide and Jilin Sun’s three brothers involved two typical criminal wrongdoings to focus on the important role of prosecutors in criminal cases in abiding by objective obligations,thereby further strengthening prosecutors’ objective obligations."Extraterritorial Investigation and Enlightenment of Prosecutors’ Objective Obligations".The objective duty of prosecutors originated in Germany,and with the modernization of the criminal procedure system,it spread quickly throughout the European continent and even other legal countries.In view of the relatively mature development of the objective obligations of prosecutors outside the region,and our country is in the preliminary stage of development,the investigation of the outside regions is conducive to the development of the objective obligations of prosecutors in our country.The useful experience of the prosecutor’s objective obligations in the civil law system represented by Germany,Japan,and France and the common law system represented by the United Kingdom and the United States on the objective obligations of prosecutors is worthy of our country’s absorption,such as the Japanese prosecution review committee system,the American plea bargaining system,etc,Based on my country’s national conditions and the existing objective obligation theory in the Chinese context,rationally transplant the prosecutor’s objective obligation,so as to clearly define the prosecutor’s objective obligation."The perfect path for the objective obligations of prosecutors in our country".On the basis of the above analysis,aiming at the problems of the objective obligations of prosecutors in our country,we will prescribe the right medicine and seek a feasible path.One is to improve the relevant systems,and the pre-trial procedures for the non-prosecution system should be well;for the lenient confession system,the prosecution and defense negotiation mechanism should be introduced;for the public interest litigation system,the pre-litigation negotiation and settlement should be improved Mechanism etc.The second is to build a new relationship between the prosecution and the law,and establish an early warning mechanism for conflicts between the prosecution and the law to fully protect the lawyer’s right to practice.The third is to strengthen the integrated case handling mechanism of arrest and prosecution,streamline and restructure internal institutions,scientifically construct case handling organizations,and make full use of big data and artificial intelligence-assisted case handling systems.The fourth is to improve the prosecutor’s objective obligation supervision mechanism,optimize and reform the performance appraisal mechanism,improve the supervisory committee’s supervision mechanism over prosecutors and give full play to the functions of the prosecutor committee,establish a judicial review mechanism and a procedural sanction mechanism to supervise the illegal activities of prosecutors And accountability to improve the disciplinary mechanism of prosecutors.Only when prosecutors abide by objective obligations can we have reason to have sufficient confidence in the prosecution system.