Theoretical reflection and Realization of prosecutor's objective obligation

Abstract

Although objective obligation originated in Germany, its subsequent wide spread and development in the world, including common law countries, shows that this theory has gone beyond the original connotation given by the theoretical and institutional background of civil law system: on the basis of the reality of the substantive imbalance between the prosecution and the defense, objective obligation has become a restriction on the exercise of the state’s right of prosecution. Safeguarding the legitimate operation of state power is an important institutional guarantee. Objective obligation has the dual attributes of principle and system. Its theoretical basis lies in the legitimacy theory of state prosecution behavior, which is manifested in three aspects: the obligation of pursuing truth, the obligation of procedural guarantee and the obligation of pursuing the purpose of prosecution.