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On Objective Obligation of a Public Prosecutor

Author: ChenWeiTao
Tutor: ZhouChangJun；HuangShiYuan
School: Shandong University
Course: Legal
Keywords: Prosecution Objective obligations Achieving justice Protection of human rights
CLC: D926.3
Type: Master's thesis
Year: 2008
Downloads: 96
Quote: 1
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Abstract


Most countries in the world in the modern context of the rule of law , the Code of Criminal Procedure provide that objective obligation to abide by the prosecutors in the criminal proceedings . It requires prosecutors while in criminal proceedings in the prosecution of crime , but also for the defendant, the interests of carrying out their duties . From our point of view , the 1996 amendments to the Code of Criminal Procedure additional provisions of of some prosecutors objective obligations , but prosecutors ignore objective obligations in practice remains widespread , which aroused the concern of the theory and practice of community . In China, the concept of \of view there has been some bias , the point of view advocated by the prosecutors in the new litigation mode , should be living in the status of the plaintiff, the parties , and the plaintiff in the civil action is no different . This erroneous understanding undoubtedly denial and abandon the objective obligation of the prosecutor , is also contrary to the direction of the prosecutors in the constitutional status and prosecutorial reform , it is necessary to emphasize the quality of objective obligations and remodeling prosecutors . In order to better grasp the objective obligations of prosecutors , you need to have a clear understanding of the concept of the prosecutor objective obligations . By comparing the domestic and international laws , the two aspects of the theory and practice of community its concept of research and come to your own understanding , and combined with the basic requirements of the theoretical basis of the objective obligations of the Prosecutor and prosecutors objective obligations elaborated overall understanding gradually prosecutors objective obligations . Finally, the author focuses on the prosecutor objective obligation exists in our country and its countermeasures . Article enumerated the various manifestations of the prosecutors in violation of the objective obligations perfect prosecutor objective obligation should be penalty for the concept of the legal system , security system several efforts from all aspects of compliance with the objective obligations prompted prosecutors in the exercise of his powers , to achieve justice and protection of human rights .

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