Author(s)

Zhuo Liu, Yuehong Wu

Corresponding Author

Zhuo Liu

Abstract

The objective and legal obligation of prosecutor cannot fully separated from the power of public prosecution from the procuratorial organ. In Western developed countries, the objective and legal obligation has little effect on prosecutors; In China, the objective and legal obligation is limited. The conflict between the function of the prosecution and the performance of objective and legal obligation is inborn. The procuratorial organ can only choose to fight crimes or to protect human rights.

Keywords

Prosecutor; objective and legal obligation; China and Western countries; functional conflict