Research Of Military Court Criminal Jurisdiction

The criminal jurisdiction of the military court is the division of authority between military courts and other judicial authority for the directly handled criminal cases and is also the division of authority of the military court internal system on the trial of criminal cases of first instance. It is divided into functional jurisdiction, rank jurisdiction and territorial jurisdiction. Criminal jurisdiction of the military court is a basic problem in the area of military judicature. The research on the criminal jurisdiction of the military court has certain significance for how to conduct military trials, military legal actions and other activities.According to "Constitution of the People's Republic of China" and the "Organic Law of the People's Courts of the People's Republic of China", the military court is one of the people's courts, which executes the jurisdiction in the army, so in certain extent there must be some differences on the criminal jurisdiction compared with common people's courts. Our military judicial institution established in the Agrarian Revolutionary War, which, ever since, has changed its name several times. Criminal jurisdiction of the military court also has gone through a long evolution in our country, but the partition problems of the criminal jurisdiction between current military courts and local people's courts are still facing some difficulties. For example, lack of relevant legislation and existing conflict, narrowing the jurisdiction of military courts and the boundary between wartime and peacetime is not clear. It is particularly significant to analyse the causes of the problem, how to solve the facing problem of the criminal jurisdiction of the military court and research the division standards of the military court of criminal jurisdiction and improve the method, which helps to improve the legality of cases for the people's court, the People's Procuratorate, and military courts, military prosecutor's office, and is also available to provide information for relevant legislative amendments. It has certain significance for the maintenance of national military interests and rights of citizens and soldiers. This article discusses from the classification and the basis of the criminal jurisdiction of the military court and the plight and reasons of the division authority of the military court, and has proposed three partition models on the criminal jurisdiction of military court. It has defined the five basic principles on the partition of criminal jurisdiction of the military court, and puts forward to the corresponding legislative proposals.