20 17 Judicial System and Professional Ethics of Law: Professional Ethics of Prosecutors

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Section 4 Professional Ethics of Public Prosecutors

First, the concept and characteristics of prosecutors' professional ethics

The professional ethics of prosecutors refers to the code of conduct and norms that prosecutors should abide by when performing their procuratorial functions. Prosecutor's professional ethics is the embodiment of prosecutor's professional obligation, professional responsibility and professional behavior. Procuratorial professional ethics not only adjusts the internal relations of procuratorial organs, enhances the cohesion of the internal personnel of procuratorial organs, but also cultivates the prosecutor's consciousness of * * * *; It is also used to adjust the relationship between procuratorial organs and prosecutors and their clients, that is, with the public, and to shape the image of procuratorial organs and prosecutors. Strengthening the construction of prosecutors' professional ethics is an important part of the construction of prosecutors' team in China, and it is also the need for procuratorial organs to maintain fairness and justice and strengthen legal supervision.

Second, the basis of public prosecutors' professional ethics

The basis of public prosecutors' professional ethics is mainly the Public Prosecutors Law and the Basic Standards of Public Prosecutors' Professional Ethics (Trial).

In order to strengthen the construction and management of prosecutors, improve the professional ethics of prosecutors, and enhance the concept of professional discipline of prosecutors, the People's Procuratorate has successively formulated a series of normative documents on the professional ethics of prosecutors. On September 3, 2009, the 18th meeting of the 11th Procuratorial Committee of the People's Procuratorate adopted the Basic Code of Public Prosecutors' Professional Ethics (Trial), which clearly defined the professional ethics of public prosecutors.

In accordance with the Opinions on Strengthening and Improving the Construction of Procuratorial Team under the New Situation, the People's Procuratorate has strengthened the construction of professional ethics. Take professional ethics education as an important part of regular ideological education, and thoroughly study and practice the Basic Code of Professional Ethics for Prosecutors and the Basic Code of Professional Conduct. Carry out education on professionalism and professional belief, strengthen the cultivation of professional quality, establish and improve measures and systems for procuratorial organs to establish a good image of law enforcement and strengthen the construction of law enforcement credibility. Improve the long-term mechanism of procuratorial professional ethics education and training, supervision and restriction, assessment and evaluation, and promote the institutionalization, normalization and effectiveness of procuratorial professional ethics construction.

Three, the main contents of the prosecutor's professional ethics

According to the Basic Standards of Public Prosecutors' Professional Ethics (Trial), the basic requirements of public prosecutors' professional ethics are "loyalty, justice, honesty and civilization".

(1) Loyalty

Loyalty is a requirement for the political character of prosecutors, which embodies the political nature of prosecutors in China. Loyalty specifically includes the following requirements:

1. Be loyal to the party and the country. Prosecutors should be builders, defenders and guardians of social fairness and justice in the cause of Socialism with Chinese characteristics. According to the Law on Public Prosecutors, public prosecutors are not allowed to spread statements that damage the reputation of the country, to join illegal organizations, to participate in assemblies, activities and strikes aimed at opposing the country. Prosecutors should safeguard national security, honor and interests, safeguard national unity and national unity, and strictly observe state secrets and procuratorial work secrets; Maintain a high degree of political vigilance, strictly observe political discipline, and do not participate in illegal organizations and activities that endanger national security and have the nature of feudal superstitions and cults. Procurators should strengthen the study of political theory, improve their ability to understand, grasp and apply policies, and improve their ability to observe, analyze and solve problems politically and globally.

2. Be loyal to the people. Article 3 of the Law on Public Prosecutors stipulates that public prosecutors must faithfully implement the Constitution and laws and serve the people wholeheartedly. Prosecutors should adhere to the purpose of establishing procuratorial organs for the public and enforcing the law for the people, safeguard the fundamental interests of the overwhelming majority of the people, safeguard people's livelihood, serve the masses, and be close to the people, for the people, for the people and for the convenience of the people.

3. Be loyal to the Constitution and laws. Prosecutors should respect the Constitution and laws, strictly implement their provisions, and consciously safeguard their unity, dignity and authority. When performing their duties, prosecutors should adhere to the principle of "taking facts as the basis and taking law as the criterion", seek truth from facts and handle cases according to law.

4. Be loyal to the procuratorial work. Prosecutors should love people's procuratorial work, cherish the honor of prosecutors, faithfully perform their legal supervision duties, consciously accept supervision and restraint, and safeguard the image of procuratorial organs and the credibility of procuratorial power. Prosecutors should be conscientious, conscientious, diligent and conscientious, and perform their duties normally without being influenced by personal affairs or other non-official reasons.

Loyalty requires prosecutors to achieve the unity of politics, people and law when performing their duties, and strive to achieve the organic combination of legal effect, social effect and political effect. Therefore, the Basic Code of Prosecutors' Professional Ethics (Trial) requires that new prosecutors and prosecutors should take an oath when they are promoted, remember the oath, carry forward the professional spirit and practice the professional oath.

(2) Justice

Justice is the core goal of procuratorial work, which promotes the spirit of the rule of law of prosecutors in China. Justice requires prosecutors to establish the concept of being loyal to their duties and handling cases impartially, to adhere to the conscience of punishing evil and upholding justice, to maintain an objective and fair position of safeguarding human rights, to cultivate honest, kind, modest and peaceful character, and to cultivate an upright and meticulous style. Justice requires prosecutors to pay equal attention to combating crime and protecting human rights, fairness and efficiency, procedural justice and substantive justice, and correctly handle the relationship between the quality and quantity of handling cases and the implementation of substantive law and procedural law. Justice specifically includes the following requirements:

1. Perform duties independently. Prosecutors should adhere to the concept of rule of law and resolutely safeguard the effectiveness and authority of the law; Perform procuratorial duties according to law, without interference from administrative organs, social organizations and individuals, dare to supervise, be good at supervision, not be tempted by money, not be shaken by human feelings, and not yield to power. At the same time, prosecutors should properly handle internal working relations, handle cases independently and support each other.

2. Perform your duties rationally. Prosecutors should be based on facts, take the law as the criterion, handle affairs impartially, and should not abuse their powers to ignore the law and correctly exercise procuratorial discretion. Prosecutors should perform their duties objectively and rationally rather than subjectively to avoid abuse of power.

3. Avoid performing duties. Prosecutors should consciously abide by the legal challenge system. The Procurator's Law stipulates the system of post avoidance. Article 19 of the Law on Public Prosecutors stipulates that a public prosecutor with husband-wife relationship, lineal consanguinity, collateral consanguinity within three generations and close in-laws shall not hold the following positions at the same time: (1) chief procurator, deputy chief procurator and member of the procuratorial committee of the same people's procuratorate; (2) the chief procurator, deputy chief procurators, procurators and assistant procurators of the same people's procuratorate; (3) Procurators and assistant procurators in the same business department; (4) Procurator-General and Deputy Procurator-General of the People's Procuratorate at the next lower level. Article 20 of the Public Prosecutors Law stipulates that a public prosecutor shall not act as an agent ad litem or a defender within two years after leaving the People's Procuratorate. After leaving the people's procuratorate, a prosecutor shall not act as an agent ad litem or defender of the original procuratorate in handling cases; A prosecutor's spouse or children shall not act as agents ad litem or defenders in handling cases in the procuratorate where they belong.

The criminal procedure law stipulates the system of litigation avoidance. Article 28 of the Criminal Procedure Law stipulates that judges, prosecutors and investigators should withdraw in any of the following circumstances, and the parties and their legal representatives also have the right to ask them to withdraw: (1) is a party to this case or a close relative of the party; (2) He or his close relatives have an interest in the case; (3) Having served as a witness, expert witness, defender or agent ad litem in this case; (4) Having other relations with the parties to the case, which may affect the fair handling of the case.

At the same time, if the public may have reasonable doubts about the fairness of handling cases other than the statutory reasons for withdrawal, they should take the initiative to ask for withdrawal.

4. Pay attention to the evidence. Prosecutors should establish a sense of evidence, collect and examine evidence objectively and comprehensively according to law, and must not forge or conceal it (reproduced from http://, please keep this information. ), destroying evidence, not giving priority to ancestors, making subjective assumptions, and strictly controlling facts and evidence. In handling cases, prosecutors should pay attention to investigation and study, prevent subjective assumptions, and collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the severity of crimes in accordance with legal procedures. No evidence shall be concealed, forged or obstructed, and no party shall be helped to destroy or forge evidence.

5. Follow the procedure. Prosecutors should establish procedural awareness, adhere to both procedural justice and substantive justice, strictly follow legal procedures and safeguard procedural justice.

6. Protection of human rights. Prosecutors should establish a sense of human rights protection, respect the personality of litigants, participants and other relevant personnel, and safeguard and protect their legitimate rights and interests.

7. Respect lawyers and judges. Prosecutors should respect the professional dignity of lawyers, support lawyers to perform their statutory duties, and safeguard and guarantee lawyers' right to participate in litigation activities according to law. Prosecutors should participate in court trials, respect trial judges, abide by court rules, and safeguard the seriousness and authority of court trials.

8. observe discipline. Prosecutors shall strictly abide by procuratorial discipline, and shall not interfere with the cases being handled by other prosecutors, other people's procuratorates or other judicial organs in violation of regulations, inquire about the cases being handled by other prosecutors, other people's procuratorates or other judicial organs and relevant information without permission, disclose the handling of cases and the relevant information of the case undertaker, or meet the parties, agents ad litem, defenders and other interested parties in violation of regulations.

9. Improve efficiency. Prosecutors should strive to improve the quality and level of handling cases, strictly abide by the statutory time limit for handling cases, improve the efficiency of handling cases and save judicial resources. Procurators should improve their sense of responsibility, close the case as soon as possible under the premise of ensuring accurate handling, and it is forbidden to delay handling cases and avoid delaying work. Strictly implement the accountability system of prosecutors for law enforcement faults, seek truth from facts about law enforcement faults, dare to correct them in time, and dare to take responsibility.

(3) Integrity

Honesty is the professional essence of prosecutors' professional ethics, which embodies the honesty of prosecutors in China. Professional value orientation based on socialist core values, law-abiding, strict self-discipline, educating close relatives or other closely related personnel to implement the relevant anti-corruption regulations and uphold the professional ethics of honesty and integrity. Integrity specifically includes the following requirements:

1. Honest and clean. Prosecutors should have a simple and normal mind and establish a correct view of values, power, money and fame. Prosecutors should not abuse power for personal gain, but should profit from the case and intervene in economic disputes through handling cases.

A public prosecutor shall not use his position or position, reputation or influence to seek illegitimate interests for himself, his family or others; Shall not engage in or participate in business-run enterprises, illegal profit-making activities and other commercial activities that may damage the integrity image of prosecutors; Don't join for-profit organizations or organizations that may use the influence of prosecutors to make profits.

Prosecutors shall not accept gifts, cash gifts, securities, shopping vouchers, performance shares, etc. The parties to the case and their relatives and friends, interested parties or units and their clients in any name; Do not participate in banquets, entertainment, holidays and other activities that may affect the impartial handling of cases; Do not accept all kinds of expenses reimbursement, loans, transportation and communication tools, valuables and other benefits provided by them.

2. Avoid undue influence. Proceeding from the purity, independence and impartiality of exercising their functions and powers, prosecutors shall not concurrently hold the positions of lawyer and legal adviser, and shall not introduce defenders or litigation agents to the parties in cases handled privately. Article 18 of the Law on Public Prosecutors clearly stipulates that a public prosecutor may not be a member of the Standing Committee of the National People's Congress, a staff member of an administrative organ, a staff member of a judicial organ, a staff member of an enterprise or institution, or a lawyer.

At the same time, prosecutors may not disclose or use undisclosed information about procuratorial work, business secrets, personal privacy and other undisclosed information obtained in the course of performing their duties.

Retired prosecutors should continue to maintain good conduct, no longer continue the identity and position of the original prosecutor, do not take advantage of the influence and convenience of the original identity and identity formation, ask questions and interfere in law enforcement and case handling activities, greet and provide convenience for undertaking lawyer business or other entrusted matters, and avoid adverse effects on procuratorial organs due to improper words and deeds.

3. Handle personal affairs properly. Prosecutors should be cautious and independent, properly handle personal affairs, report personal matters in accordance with relevant regulations, and truthfully declare their income; Maintain a standard of living and a healthy interest in life commensurate with legal income and property.

(4) Civilization

Civilization is the inevitable requirement of prosecutors' professional ethics, and civilization has established a good image of prosecutors in China. Civilization requires prosecutors to be civilized in law enforcement concept, law enforcement behavior, law enforcement style and law enforcement language. Prosecutors should handle cases in strict accordance with the law, think carefully about problems, investigate and study rigorously, deal with things seriously and severely punish criminals. Civilization specifically includes the following requirements:

1. Improve literacy. Procurators should pay attention to study, study the law intensively, be proficient in procuratorial work, cultivate good political quality, professional quality and cultural accomplishment, and enhance their legal supervision ability and ability to do mass work. Procurators should establish the concept of lifelong learning, adhere to the integration of theory with practice, constantly update their own ideas and concepts in study and practice, improve their professional level, and constantly improve their ability to enforce the law fairly and standardly.

2. People-oriented. Procuratorial organs should adhere to the principle of paying equal attention to crackdown and protection, punishment and education, punishment and prevention, tempering justice with mercy and putting people first. Prosecutors should carry forward the humanistic spirit, embody humanistic care, respect human value and dignity and safeguard human rights in their work. Prosecutors should embody civilization in law enforcement concept, behavior, style and language.

3. Pay attention to manners. Prosecutors should abide by various procuratorial etiquette norms, pay attention to professional etiquette constraints, be dignified in appearance, generous in manners, fair in attitude, civilized in language, maintain good professional ethics and manners, and safeguard the good image of prosecutors. When performing official duties and participating in government activities, prosecutors should wear procuratorial uniforms, procuratorial identification badges, observe the time and observe the discipline of activities in accordance with the dress code of prosecutors.

4. Be careful what you say and do. Prosecutors shall not make statements in public or in the news media that are detrimental to the seriousness and authority of the law and the image of procuratorial organs. Without approval, no personal opinions or comments may be made on the case being handled. You are not allowed to engage in entertainment and leisure activities in commercial entertainment places or drink alcohol in public places, and you are not allowed to participate in gambling, pornography and feudal superstitious activities. No privilege, bravado and arrogance. Contradictions and conflicts between myself or my relatives and others should be resolved through legitimate channels, and I should not seek special care as a prosecutor, let alone make things worse and create troubles.

5. unite and cooperate. Prosecutors should love the collective, unite and cooperate with each other, support each other, cooperate with each other, supervise each other, avoid arbitrariness and create a healthy, orderly and harmonious working environment.

6. Politeness and honesty. In social communication, prosecutors should respect, understand and care about others, be honest and trustworthy, keep their promises, practice themselves and establish a good social image. Firmly establish the socialist concept of honor and disgrace, abide by social morality and family virtues, be cautious in words and deeds, behave appropriately, and cultivate noble moral integrity.

7. External constraints. In off-the-job activities, prosecutors should restrain their words and deeds, so as to avoid the public's reasonable doubts about prosecutors' impartial law enforcement and integrity, and avoid negative impact on the performance of their duties and the credibility of procuratorial organs.