| The duty of procurators to seek objectiveness refers to the duty that procurators go beyond their prosecutorial stand and stick to objectiveness and justice. The duty to seek objectiveness is a basic requirement of the prosecutorial system, because the establishment of prosecutorial system by state is to safeguard legal orders and social justice. However, due to different judicial backgrounds, such duty has taken two different forms respectively represented by Germany and the United States. The significance of such duty can be seen from the contradictions and difficulties in realizing it. On the one hand, procurators need to implement their function of fighting crimes, so that they must be enthusiastic prosecutors. On the other hand, the duty to seek objectiveness requires them to act as calm and impartial judges. Obviously, these two roles are contradictory, and this contradiction impedes the performance of the duty to seek objectiveness. It is to prevent and eliminate the unilateralism and abuse of power due to this contradictory position that the law requires specially that procurators should perform their duty objectively. Thus we should notice the limitation of the duty to seek objectiveness and stay alert against its negative effects. Meanwhile, we should guarantee the realization of such duty through external mechanisms. In our country, due to the political and judicial context, it is extremely necessary to establish the duty of procurators to seek objectiveness, especially under such a background in which the supervisory function of the procuratorial organs is further strengthened. For the realization of such duty, we need to make a series of reform, such as re-examining our internal Performance Appraisal System, balancing unification and independence, etc. We should pay special attention to the maintenance of righteous litigious structure and the respect of litigious laws. |
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