The Research On Conflict Of Criminal Function's Jurisdiction And The Settlement Mechanism

Criminal procedure law was amended in 1996. It relocates the criminal jurisdiction among police, procuratorate and court, has further defined their responsibility and authority, and provide legal basis for the criminal jurisdiction. This will prevent the randomicity in criminal jurisdiction, promote the criminal procedure, and safeguard people's rights and interests. To implement it more effectively in practice, in 1998 the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, Ministry of Justiceand and Commission of Legislative in National People's Congress regulate the criminal jurisdiction more explicitly. The Supreme People's Court, Supreme People's Procuratorate and Ministry of Public Security also issue the judicial interpretation to define their scope of jurisdiction. But these regulations were not explicit. Basing on the experience in the ten years, different organs have different view. For example, there are conflictS between different regulation, or the jurisdiction is vacant. With social and economic development, criminal cases are more complexity than before, and new situation emerge. Therefore,there are conflict of jurisdiction, because people may disputes about the cases'nature or the cases'nature may change.In summary, the most important conflict of jurisdiction exists between the people's procuratorate and police on criminal case. Then, the Supreme People's Court and Ministry of Public Security also have different view about the judicial proceeding. For the above problem, author will define criminal jurisdiction, division basis, and its character, compare some jurisdiction in the world, then analyse the problem and cause in china. So, author will reorganize the principle, method, give my advice to improve the criminal jurisdiction system in china.The paper include four chapters. The first chapter introduces criminal jurisdiction in china, interprets its character and legal basis among different organs. The second chapter analyses the functions of our criminal jurisdiction, explains the scope of jurisdiction of judicial organs, conflict and cause of jurisdiction. The third chapter introduces the criminal jurisdiction in the Anglo-American law and continental lagal system, learns useful experence from them. The forth Chapter proposes the basic principle and key ideas to reorgnise the criminal jurisdiction system, then gives some advice to slove the current conflicts. For example , according to specific cases, author give useful method to the people's procuratorate and police. We should reorgnise the scope of private prosecution and slove the conflict between the people's courts and police. We should also establish the objection of jurisdiction system, improve the complaints system and reconsideration system to safeguard people'rights.