The Research About Jurisdiction Allocation Under State Structure

In recent years, cases in our country have indicated that localization of jurisdiction is indeed a serious problem in China. After a positive analysis into the court structure regulated by China's constitution and organic law of the courts, the author of this thesis finds out some reasons of the problem and points out that the root cause is allocation of jurisdiction between central government and location under China's national structure among those numerous reasons.Thus, the thesis will firstly sort out allocations of nation jurisdiction in both federal and unitary countries from the perspective of state structure. Then according to the particularities of allocation of jurisdiction, optimizing allocation of jurisdiction would be the solution to save the problem. The thesis studies jurisdiction from a special angle by combining general theory of jurisdiction and China's specific political system and connecting state structure with allocation of jurisdiction which creates a totally different way from previous studies that were general and extensive. This thesis also compares jurisdictions in different state structures and in different countries of the same state structure, which makes us have realized objectively the existing problems and shortages in China's allocation jurisdiction and try to optimize China's allocation jurisdiction on the basis of reference to other countries' experiences in a proper way.According to their own situations, each country in the world developed a distinctive judicial system on the establishment of court, which is necessary for china to study the experiences of them to optimize the allocation .But the final way of solving China's problems of localization of jurisdiction is to optimize allocation jurisdiction under China's national structure. That is, to establish both a state court system and a local one. However, the reset of court system is really a hard task and could not be done in a short period, we can start from some aspects as transitional arrangements like financial resources of the court, organization of personnel and appointment and removal of the judges etc.