On the Procurator’s “Obedience to the Order of his Superiors” and his Objective Obligations

The procuratorial integration necessarily includes the obedience to the order of superior officers, which means that higher procuratorial organs have the power to issue instructions to lower organs, and the procurator-general is entitled to issue instructions to procurators of lower ranks. Both can require the procuratorial organs or prosecutors to carry out certain orders. But concerning objective obligations, prosecutors are the “guardians of law”, and must unremittingly pursuit objective and fairness. When the procuratorial integration is confronted with the objective obligation of the prosecutor, it should be subject to the restrictions as follows: the procuratorial integration should be limited by the objective obligations of prosecutors, without depriving the relative independence of lower prosecutors. It also should avoid administrative humanizing in the role of prosecutors.