Dissent Of Criminal Jurisdiction

Criminal litigation jurisdiction objection is in criminal proceedings, when the judicial authorities violates the provisions about the jurisdiction in Criminal Procedure Code and dominates the case without jurisdiction, or when the relevant right holder thinks that other judicial authority owns more appropriate jurisdiction, the relevant right holder makes demands on the court which has the right to review within the statutory time limit and requires that the judicial authority transfers the case to the judicial authority which has jurisdiction or which is more suitable for the jurisdiction. Criminal litigation jurisdiction objection has a clear embodiment all over the world in the criminal proceeding law system, and it has great significance in the entire criminal proceedings. However, China's Criminal Procedure Law ever has no specific system about jurisdiction objection, which will also affects the fairness,the justice,and the efficiency of China's criminal procedure. Therefore, the establishment of the Criminal Jurisdiction Objection in line with our actual situation is necessary.This paper aims to solve the conflicts status of jurisdiction in the criminal proceedings and establish a system of jurisdictional dispute, allowing the relevant subject especially the criminal defendant express their views about the power of jurisdiction is right or not, in order to fundamentally give their the right protection. I hope to make specific designs for the objection to jurisdiction system in line with our national conditions, and then it better reflects the nature of the interaction within the criminal state, society, the individual will.This paper uses two main study methods:1.using comparative analysis method, making a comparison between Chinese and foreign jurisdiction system and the criminal and the civil law jurisdiction system, then drawing the relevant conclusions.2.through using specific case study method, through studying a typical criminal case under the jurisdiction of the conflict, putting theory into practice.This article from the following four parts analyses and studies the establishment of criminal litigation jurisdiction objection system and analyses the specific systems design.The first part is about the theory analysis of the criminal litigation jurisdiction objection system. In this section, the author defines the concept of criminal jurisdiction objection through the meaning of jurisdiction and analyses the legal foundation of the establishment of criminal litigation jurisdiction objection system.The second part is about the comparative analysis of criminal litigation jurisdiction objection system. In this part, the author makes a conclusion about the extraterritorial representative national's legislative status of jurisdiction objection system, and from civil procedure and criminal procedure two different perspectives makes a comparison about the specific designs of jurisdiction objection system.The third part is the reality analysis about China's establishing of criminal litigation jurisdiction objection procedure. In the part, the author first from legislation and judicial practice——two perspectives, makes a conclusion to the conflict of criminal litigation jurisdiction and points out that criminal litigation jurisdiction opposition system is the necessary requirements of the following principles:the principle of legal procedural principle, protection of human rights principles, economic litigation principles, litigation democratic principle and other basic principles and basic concepts.The fourth Part is about the establishment of China's criminal jurisdiction objection system. This part starts with the basic principles that establishing criminal litigation jurisdiction objection system must follow. Then it designs specific systems which are consistent with our country's law and state conditions. This is under the guidance of these principles:giving the parties the right to appeal, the hearing process principle, principle of continuing jurisdiction and principle of further relief.