Research On The System Of Criminal Trial Grade Jurisdiction

The system of criminal trial grade jurisdiction refers to the distribution of competency between People's Courts at different levels on criminal case of first instance, i.e. which Court has the jurisdiction over the criminal case of first instance and how to divide the specific jurisdiction. It has a significantly realistic effect, for it is the basis for the Court to exercise the jurisdiction over first instance and the legal safeguard for successful criminal trial. And it influences how to fulfill the function of the Courts, determines the basis of the grade of the Courts and decides whether the criminal judicial hierarchy is scientific. In China the system of criminal trial grade jurisdiction in force considers the following aspects as standard: the nature of the case, the public influence, the light or heavy sentencing degree and the nationality of defendant. It prescribes that the Courts at four levels can try the case of first instance. Although the current system has positive effect in judicial practice, according to the legal tradition, judicial system and legal concepts at that time, there are still some disadvantages as follows: the abstract benchmark of competency which results in the absence of operating, the circumstance that the intermediate People's Court or the Court at above level tries the criminal case involving crimes committed by foreigners which results in the unfair position between Chinese defendant and foreign defendant, the heavy burden for the Supreme People's Court and higher People's Court, the system of criminal trial grade jurisdiction disjoints the criminal judicial hierarchy which damages the right of appeal for the defendant, and short of inquisitional procedure. All these shortcomings results in the random jurisdiction which damages the judicial justice and judicial efficiency.In order to reform the system of criminal trial grade jurisdiction, we should start from upholding the judicial justice and increasing judicial efficiency which is the goal of value for the system. We should balance the jurisdiction of the Courts at different levels considering the conditions as follows: obeying the order of functional distribution, defining how to divide the jurisdiction, and setting the dual standards on the basis of the nature of the case and degree in sentencing. According to the structure of the system of court and the function of the Supreme Court and the higher Court, we should revoke the jurisdiction of the Supreme Court and Higher People's Court over the criminal case of first instance. We should repel the rule that the intermediate People's Court tries the criminal case involving crimes committed by foreigners which goes against the rule of principle of equality and we should consider the nature and the sentencing degree of the case involving to decide the related Court. We should clarify the jurisdiction of the intermediate court which tries the case of jeopardizing state security and the case that People's Procuratorate asks to condemn the defendant to life imprisonment and death. We should also set up a special court for trying the juvenile defendant inside the People's Court at the basic level, and establish a preliminary hearing court to examine all the criminal cases. And I suggest canceling the Article 23 of Criminal Procedure Law which is about the discretionary jurisdiction.