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Prosecutors objective deontological

Author: HuoZuo
Tutor: LiuGenJu
School: China University of Political Science
Course: Procedural Law
Keywords: Prosecution Responsibilities Objective obligations
CLC: D926.3
Type: Master's thesis
Year: 2006
Downloads: 168
Quote: 6
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Abstract


In addition to the introduction and conclusion, body, consists of six parts. The chapeau account the motive and purpose of writing. Article prosecutors objective obligations with adequate theoretical and institutional foundation but because \Pioneer \After our trial reform toward the direction of the weak authority principle in 1996, more and more emphasis on the parties to the status of the prosecutors during the trial, prosecutors piece and tendency to pursue allegations winning rate is more serious. This is obviously not conducive to the realization of Criminal Justice, is also contrary to the original intention of the reform of the Code of Criminal Procedure. Therefore, it is stressed that the objective character of the obligations of prosecutors has important practical significance. The first part of this paper analyzes the generation of prosecutors objective obligations and meanings from the generation of the modern procuratorial system. Pointed the modern prosecutor generation, an important role in the nexus of the prosecutors in the criminal proceedings. Its responsibilities lies not only in the prosecution of criminal defendants, still in control of the police and judges, and effectively carry out the intention of the objective law to the criminal proceedings. Only the prosecutor to be objective and impartial, can effectively be investigated for criminal conduct at the same time take into account the protection of the legitimate rights and interests of the defendant. In order to better achieve the functionality of modern procuratorial system, to achieve the purpose of criminal proceedings in the pursuit of truth and justice. The second part of the objective obligations of the Prosecutor conducted comparative law analysis. Pointed out the prosecutor to fulfill the objective obligations, rather than simply as a prosecution parties has become a fundamental concept of of various litigation mode prosecutors positioning. And more and more recognized by the international documents, has become an international norm. Also pointed out that prosecutors bear the obligation to maintain the legitimate rights and interests of the defendant, but, after all, and the role of the defense lawyer is different, reasonably determine the prosecutors is that we need to fulfill the objective obligations for the realization of a just and exercise the necessary proportion between the accusation function with limits of the important issues. The third section discusses the theoretical basis of the prosecutor objective obligations. From four angles of the principle of national sovereignty, the theory of public service on behalf of the entity theory of justice, procedural justice theory are discussed. The fourth section analyzes the theoretical basis and the legal basis for our emphasis on prosecutors objective obligations. Pointed out that the theoretical basis of our emphasis on prosecutors objective obligations in So based investigated the crime and the protection of human rights both procuratorial organs have dual property litigation position and consistent three International Criminal Justice Standards

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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