Research On The Several Problems Of The Chinese Criminal Procedure

Jurisdiction of the criminal procedure is the institution that solves the affairs of division of the accepting the criminals cases between the judicial organs. It is very important to the criminal procedure activities. Whether the jurisdiction of the criminal procedure has been designed reasonably or not, it relates to the carrying on of the criminal procedure activities, rational distribution of the judicial resources between the judicial organs, and the judicial justice. Therefore, the improvement of the jurisdiction of the criminal procedure is very important. This article intends to discover the questions of the jurisdiction of our country's criminal procedure, and analyze its reason and learn the legislative experience's overseas in order to propose the suggestions of the improvement.The structure may reflect the intension of the institution and may also guide the institution and make the institution effect. Jurisdiction of the criminal procedure is divided into two parts in legislation and traditional theories in our country, Jurisdiction for filing a case and trial jurisdiction. Jurisdiction for filing a case rules the division of the investigation between different organs, and also rules which cases accepted by the court directly. This appears very discordant in the jurisdiction system. Based on analyzing the reasons of unreasonable classification, considering the characteristics of the structure of the criminal procedure, I am order to putting forward the reconstruction of the classification of the jurisdiction of the criminal procedure, according to the different functions of judicial organs.It becomes a regular practice that judge allopatry in order to maintenan the justice in some special cases. However, the system of the jurisdiction changing has not been set up yet, and the practice of judge allopatry is illegal. Besides, our country also doesn't accept the objection of the jurisdiction.It makes the injustice in the criminal procedure can not be relieved. Therefore, it is necessary to establish the system of jurisdiction changing in our country.The jurisdiction by order aims to solve the dispute of the jurisdiction between the two judicial organs.Because of the humble legislation in our country, suitable for the situation, and the forms of the realization are unknown or missing legislation. And due to the lack of the institution of the jurisdiction changing, the justice of the criminal procedure needs to be solved urgently. So, the jurisdiction by order often be as the legal basis of the judge allopatry and be abused. This is not only against the original purpose of the jurisdiction by order, more a behavior of losing legal dignity. Therefore, improvement of the legislation of the jurisdiction by order has important significance.