Study On The Objective Obligation Of Prosecutor In Cases Of Pleading Guilty And Punishment

The objective obligation requires the prosecutor to overcome the one-sided conviction and seek punishment,be faithful to the facts and realize judicial justice.However,in the case of guilty plea and punishment,in order to improve the application rate of guilty plea and punishment,prosecutors are prone to disguised forced prosecution guilty plea and punishment,ignoring the voluntary protection of the accused,which also leads to wrong cases.The objective obligation of prosecutors has rich connotation and specific content in the cases of confession and punishment.Its connotation includes three aspects: First,respect the facts and evidence of the case,to ensure the voluntary and true confession;second,to avoid one-sided pursuit of confession and punishment,to maintain an objective and impartial position;third,equal attitude to participate in plea bargaining,fully listen to the views of the accused and lawyers.Its specific content can be highly summarized as the following four aspects: Obligation of consideration,rights protection obligations,equal negotiation obligations and power restraint obligations.In the cases of confession and punishment,the objective obligation of prosecutors has obvious practical necessity.Firstly,the Prosecutor is the leader of the leniency process,his objective justice is related to the quality of pleading guilty and punishment cases;secondly,the need to prevent the ‘alienation’of consultative justice.Due to the imbalance of the prosecution and defence forces,it is difficult for the accused to obtain an equal consultative status with the Prosecutor;thirdly,it is necessary to balance the value of efficiency and justice.The emphasis on objectivism can largely correct the excessive pursuit of efficiency by prosecutors and the possible deviation in cases of guilty plea and punishment.On the basis of empirical research,this paper finds out that in the current cases of confession and punishment in China,prosecutors still have many problems in the objective performance of their duties,failing to fully implement objective obligations.The main manifestations are as follows.Firstly,the objective prosecution has not been achieved.For some cases of misdemeanor,the standard of proof when deciding to prosecute has been reduced,and the proportion of non-prosecution is low,which cannot effectively reflect the principle of leniency.Secondly,the accused lack of litigation care,did not conduct a comprehensive detailed inform,but also the lack of positive evidence.Thirdly,there is a lack of attitude and position of equal consultation with the accused.Compared with the accused in custody,the prosecutor in the case of admission of guilt and acceptance of punishment is in an absolute dominant position.When making sentencing recommendations,the prosecutor also lacks the enthusiasm to listen to lawyers’ opinions.There is a lack of objective evaluation and fair response to the appeal behavior of the accused who refuses to accept the first instance judgment.The lack of objective obligation not only affects the professional image of the prosecutor,but also is not conducive to the protection of the rights of the accused and the fair implementation of the leniency case system.Therefore,it is necessary to restrict the prosecutor to better perform the objective obligation through the system and norms.Firstly,through the emphasis on the standard of legal proof,the persistence of the doctrine of prosecution cheapness and the exploration of digital non-custodial supervision measures to implement the judicial policy of less arrest and careful prosecution and careful custody,strictly according to the requirements of evidence judgment to review and determine the case,while reducing the wrong case and achieving entity leniency;secondly,to strengthen the procedural care of the accused through the right-to-inform system and the discovery of evidence system in order to ensure that the accused is informed and that consultations are equally voluntary;thirdly,build an equal sentencing negotiation mechanism.Prosecutors should ensure the defendant ’ s equal consultative status,fully listen to the lawyer ’s opinions,make objective and fair sentencing recommendations,and exercise the right of protest cautiously for the defendant ’ s regret appeal.