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On Filing Jurisdiction Conflict Of Criminal Litigation

Posted on:2008-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:M L HuFull Text:PDF
GTID:2166360215977527Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Filing jurisdiction in criminal procedure law is the limits of the people's court's, procuratorate's and the police department's functions and powers in filing criminal cases. It deals with the problem of which kind of cases should be filed by which organization. Popularly, it's not difficult to fix on filing jurisdiction. But sometimes there are phenomena that the judicial organizations scramble of shuffle one case which are caused by ill-defined or intersectant jurisdiction.Jurisdiction conflicts is an object phenomenon which cannot be neglected. Being not soluted timely and correctly, jurisdiction entanglemant cannot be avoided, which will lead to protracted lawsuit and cannot protect suspect's, defendant's and the victim's legal intrists and also harmful to social harmony, stabilization and healthy development. So it has an important practical significance to study the question of criminal jurisdiction conflicts.There are four parts in this paper. The first part introduces what is criminal jurisdiction conflict. The second part analyzes the causes and aftermath of filing jurisdiction conflict. In the third part, the paper gives five principles of finding the way of soluting filing jurisdiction conflicts. And the fourth part puts forward the methods of soluting the problem. The first one is to offer the parties the right of dessenting in the process of filing jurisdiction. The second is to introduce the mode of integrating police and procurator.
Keywords/Search Tags:filing jurisdiction, conflict, dessenting filing jurisdiction, integrating police and procurator
PDF Full Text Request
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