Explaining the principles governing the prosecutor's human rights obligations in constitutional and administrative law
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Abstract
As one of the fundamental pillars of the criminal justice system, the prosecutor plays an effective role in ensuring respect for human rights in judicial processes. In constitutional and administrative law, the prosecutor's obligations are rooted in fundamental principles such as the rule of law, the principle of equality before the law, the principle of judicial impartiality and independence, and the principle of human dignity. From this perspective, the prosecutor is not only an enforcer of the law, but is also responsible for protecting the fundamental rights of individuals against any infringement by public or private authority. The principles governing the prosecutor's human rights obligations include the duty to protect individual freedoms, guarantee the right to a fair trial, prohibit arbitrary detention, observe the principle of proportionality in prosecution and punishment, and be accountable for administrative decisions. In the administrative law system, the prosecutor is also subject to the requirements of transparency, accountability, and procedural justice and must avoid any discrimination or abuse of administrative authority. In summary, the principles governing the prosecutor's human rights obligations demonstrate a deep connection between criminal and administrative duties and fundamental human rights values, such that the prosecutor's mission is not limited to prosecuting crimes, but is based on protecting justice, freedom, and human dignity.