公诉视角下的检察官客观义务分析-analysis of prosecutors objective obligation from the perspective of public prosecution.docx

ABSTRACTThe system of objective obligations of Prosecutors comes from continental law system countries, and accepted by the criminal justice system of many countries including Anglo-American law system countries and showed in the international agreements in recent years. The essential contents of this system refer to the prosecutor collecting evidence and exercising the right to appeal in criminal proceedings in an objective and impartial manner for the interests of justice and discovering the truth. At present, the objective obligations of prosecutors are more or less defined in Chinese criminal justice system, but influenced by the criminal justice idea of fighting against crime, Chinese prosecution organs are always positioned as the relative parties to a suspect, so its objective obligations are far from legal requirements. This paper figures out that it is necessary for our country to introduce a prosecutor objective obligation system as the basis exists, so the paper focuses on how to improve the prosecutor objective obligation system against the current imperfect legal system and inadequate enforcement. This paper analyses the connotation and extension of the objective obligations of prosecutors, concept definition of the objective obligations of prosecutors, to explores the legal attribute of objective obligations of prosecutors history and different patterns of litigation, and solves the problems in practice with prosecutor objective obligations theory to improve our prosecutorial system from the point of view of prosecution, combined with the rules about objective obligations of prosecutors in Criminal Procedure Law amendments and the revised Criminal Procedure Rules of Peoples Procuratorates and the authors prosecution practice from the point of view of our judicial practice.This paper is divided into four parts including introduction and conclusion. TheIIIfirst part is the basic theory of objective obligations of prosecutors which introduces the connot