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检察官客观义务是检察官协助法官发现真实、守护法律、维护公正的义务,其价值取向是公正,包括实体公正与程序公正。在立法中,检察官客观义务作为制度已成为国际趋势,在大陆法系国家、英美法系国家及中国均有相应的规范。在司法和执法中,检察官客观义务突显了人权保障功能,主要通过制约国家公权力对私权利的侵犯,客观公正保护双方当事人的权利,客观公正收集、审查证据等途径来实现。
The objective obligation of the prosecutor is that the prosecutor assists the judge in discovering the truth, observing the law and upholding the fair obligation. The value orientation is just, including the fairness of the entity and the procedural fairness. In the legislation, the procurator’s objective obligation as a system has become an international trend and has corresponding norms in civil law countries, common law countries and China. In judicature and law enforcement, the procurator’s objective obligation highlights the safeguard function of human rights, which is mainly realized through restricting the violation of private rights by state public rights, objectively and justly protecting the rights of both parties, objectively and justly gathering and examining evidence.