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Research on the Public Prosecutors’ Objective Obligation

Author: LiLiZhao
Tutor: ZuoChunLei
School: Jilin University
Course: Procedural Law
Keywords: Prosecution Litigation authority Objective obligations Prosecution and the defense of equality
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 90
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Abstract

Prosecutors objective obligation theory, originally produced in the entity's true doctrine and authority hearing the basic principles of the German Code of Criminal Procedure for the school, emphasizing the prosecutor handling the process, should not blindly focus on the fight against crime, ignoring the protection of the rights of the accused, but rather as \Since this theory conform to the modern trends in criminal proceedings, punish crime and conducive to achieving the twin goals of protecting human rights, especially the rights of the defense in the protection of the prominent role, so the date from which they produced showing vitality . Germany, enduring not only in their birthplace, and quickly spread to other countries in the civil law, common law and criminal proceedings will have a broad impact theory. In addition to state laws in two legal documents has been widely recognized, objective obligations are also a growing number of regulations in many international and regional legal documents. Therefore, we have no reason not to give enough attention to this theory. Especially in our country due to the prosecutor traditional \This article focuses on the prosecutor in identifying our obligations in fulfilling the objective problems, combined with the current development of Criminal Procedure proposed the corresponding reform and improvement proposals. Articles addition to the introduction and epilogue, the body consists of four chapters composed. Chapter prosecutor general theory of objective obligations. Any theory is not a vacuum, to find an objective duty prosecutor in reality the problems and propose appropriate solutions, you first need to generate the historical background of their conduct in-depth understanding. The first part of the chapter details the obligations arising from the Prosecutor objective specific process, this process can be seen from the obligation to produce objective is not easy, it is experienced in the late 1800s and 1960s, the \and \After the article is based on our scholars different understanding of this theory, to determine its connotation, derived more consistent view is an objective obligation should include the following aspects of the content: The Prosecutor should seek real truth; necessary to punish crimes Defendants also focus on the protection of human rights; through objective performance of the obligation to protect a fair implementation of the law. Next article prosecutors as well as the theoretical basis of objective obligation the necessity and value of its existence were analyzed, which is later analyzed and discussed the commencement of the foundation. Chapter prosecutor objective obligation Comparative Law. This chapter introduces the theory of the two legal obligation prosecutors objective few representative national development situation, through the civil law in Germany, France, Japan, and the U.S. Department of Anglo-American law, the United Kingdom and several other countries, the objective of the relevant legal obligations Compare our requirement that, although national laws in different ways, there are different levels of content differences, but the point is that consensus can be reached, the objective obligation has been rooted in the soil of national criminal proceedings, and is being more and more attention . Given the objective obligations to protect human rights prosecutor, judicial fairness and justice and other aspects to achieve the positive role that the United Nations and a number of regional international legal documents are starting to join the relevant prosecutor objective obligations. Although these provisions do not have direct legal effect, but the world will undoubtedly play a good role model. These obligations are objectively prosecutors development in China provides a good external environment. Especially in the brewing Code of Criminal Procedure to modify the moment, China should give full attention to the obligation of the Prosecutor's objective and perfect for the realization of the new purpose of the criminal proceedings. Chapter obligations of prosecutors objective situation and existing problems. This chapter first summarizes the obligations of prosecutors objective situation in our country, including the relevant provisions of existing laws, as well as in judicial practice, these provisions the operation. Although the prosecutor's objective duty law in our country is relatively perfect, but due to the traditional concept of litigation and the existing evaluation mechanism of some investigators, prosecutors in the course of criminal proceedings often just blindly fight against crime, and strive to make a criminal suspects are punished, as criminal suspects and defendants in the lawsuit's rights are often ignored, it is difficult to get the protection they deserve. The next article in this area of ??the Prosecutor problems were cited, such as the role of lawyers is restricted remains pervasive, although China's \The exercise of these rights by the prosecution process has many obstacles, resulting criminal suspects and defendants should have the right to not be maintained; prosecutors often one-sided collect evidence, collect only criminal suspects and defendants to prove guilt and sin weight of evidence, and prove their innocence and Zuiqing evidence is not collected; There prosecution and improper exercise of the right to protest right to indictment, and in order to prosecute a crime purposes or due to outside pressure, abuse of public prosecution; and Since both parties imbalance of natural forces, coupled with discovery system lacking, resulting in the defense evidence clearly disadvantaged, etc., and these issues were analyzed in detail. Chapter prosecutor objective obligation system improvement. For the first part of the question, the author attempts to reform and improve several angles made a response. For existing requirements but not perfect places, such as lawyers requested the Prosecutor to investigate evidence of the right to make recommendations to further refine the requirements, so that these rights have been stronger operability; against abuse of the public prosecution , such as withdrawal of prosecution prosecution system, in reality, prosecutors more to compensate for the fault caused by misuse of public prosecution, but the process is often excluded from prosecution to withdraw the defendant's participation, so the article suggests the spirit of the principle of safeguarding the rights of defendants reform, the rule of law will be withdrawn prosecution system into orbit. Prevention of abuse of public prosecution prosecutor Another measure is to establish pre-trial system, specially created by the investigating judge of the Prosecutor intends to prosecute the case be reviewed to filter out those who do not meet the statutory requirements of the prosecution case. In addition, the need to establish real independence of the prosecutor, only preclude the Prosecutor from this group in the litigation process by a variety of outside interference, they can Bingzhuo conscience and understanding of the law, for the case to make an objective and impartial judgment; In China, the judiciary current business appraisal system is undoubtedly prosecutors can not objectively an engine elbow exercise of authority, in recognition of its historical significance at the same time, the article suggested abolition of the existing non-prosecution rates and acquittal rates artificially control advocates procuratorial the official business of the evaluation, focusing on whether the objective of the Criminal Procedure Law provides the correct fulfillment of the terms of reference.

Research on the Public Prosecutors’ Objective Obligation

Abstract

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