Analysis On The Criminal Judgment Domination System Of China

In recent years, the jurisdiction of the criminal justice system has become increasingly prominent. Researching and understanding the existing problems in the jurisdiction of criminal trials and improving our jurisdiction system of criminal justice have some theoretical and practical significance for the criminal cases to get a prompt justice. This thesis promotes an envision to improve the criminal justice system's jurisdiction by studying the function and structure of the jurisdiction of the criminal justice system, inspecting China's ancient system of criminal trials under the historical changes and analyzing the deficiencies of the existing jurisdiction of the criminal justice system.Any system must have its inherent function and structure. Because of its inherent function the jurisdiction of the criminal trial system has become an important system to the criminal trial activities, and it has played an important role in the code of criminal procedure of the legislative style. The jurisdiction of the criminal justice system plays a role of distributing justice resources, guiding participants taking part in litigation and prevention, resoluting jurisdictional disputes and so on. System Structure determines its function.Level jurisdiction, regional jurisdiction and special jurisdiction constitute a unique structure of the criminal trial jurisdiction. And they play a basic and decisive role in the jurisdiction of the criminal justice system.Any legal system has its own history and tradition. Studying the history of the development of China's criminal justice system has an important reference to the current understanding of the criminal justice system. According to the ancient judicial institutions ancient Chinese jurisdiction of the criminal justice system depends on the executives, and judicial jurisdiction depends on administrative jurisdiction. It is relatively simple. There is no systematic and independent jurisdiction rules. Modern jurisdiction of the criminal justice system comes directly from the judicial reform of the Qing Dynasty and the development of the Republic of China period. The modern prototype of the system comes into being with independent and systematic characteristics. But the shortcomings of the criminal trial jurisdiction of China's ancient and modern criminal justice system is still the key to the reform of the jurisdiction system today.Whether the law is scientific, rational directly determines the functions of the jurisdiction of the trial system. From our legal jurisdiction of the criminal justice system, the norms governing the protection of the criminal smoothly plays an important role. But on the legislative design a number of problems also exist, such as in the level of jurisdiction the first instance is nominal in the Supreme Court and the High Court. The region jurisdiction could lead to a miscarriage of justice with no relief channels and the lack of jurisdiction objections system, and so on. Analyzing and understanding the shortcomings of the jurisdiction of the trial system is to improve the criminal justice system under the foundation.According to modern litigation principles, the right to trial follows the complaints. The trial is a controlled trial jurisdiction interactive zone, which involves the division of power, authority and rights constraints, the issues of procedural fairness. In order to perfect the jurisdiction of the criminal justice system, the thesis proposes the first instance abolition of the Supreme Court and the High Court, building a remote jurisdiction, improving the implicated jurisdiction system, building the system of legal objection to the jurisdiction of the proposed additional flight against corrupt officials. It proposes an envision of building a criminal trial in absentia jurisdiction system.