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Study Of The Criminal Trial Jurisdiction System

Posted on:2008-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:L JiangFull Text:PDF
GTID:2206360215996664Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Jurisdiction of the criminal justice system is among the courts jurisdiction over the distribution system. In fact, the jurisdiction is of a specific jurisdiction. Criminal proceedings will be the first criminal trial jurisdiction resolved, there would be no jurisdiction without trial court proceedings; no trial proceedings, the fight against crime and the protection of human rights in criminal proceedings for the purpose can not be achieved. Therefore, the jurisdiction of the criminal justice system is essential to improve.Because of our super powers to the traditional criminal courts in criminal proceedings, particularly occupied a dominant role in the trial proceedings. Montesquieu too much power will inevitably lead to corruption, according to the principles, the authority of the court must be checked and balanced and over sighted. According to the jurisdiction of a negative nature, and "will not ignore" the principle and the trial court's jurisdiction must be tried by the accusing party to promote judicial, procuratorial organs jurisdiction to consider the proposal. In addition, the demarcation of the jurisdiction in the final analysis, are disposed of the rights of the accused. Procedures for the principles of justice and fair trial, the defendant has the right to participate.The Criminal Procedure Law of the foreign jurisdiction of the criminal justice system requires very detailed, it is protected by law trial Court to prevent too much discretionary power needs. Meanwhile, the geographical jurisdiction of foreign criminal jurisdiction is very broad, and this was a convenient Court, facilitate the collection of evidence and to facilitate the involvement of many participants in the proceedings, for the better protection of the criminal justice process. Most countries require a defendant has the right to challenge the jurisdiction of the trial, and has jurisdiction throughout the criminal trial. This fully affirmed the status of the main accused in criminal proceedings and ensures the fair trial of an accused. States also have jurisdiction implicated system on the detailed requirements for jurisdiction between the different courts in a number of cases. As the correlation between the existence of facts, and all the cases referred to the jurisdiction of a court system. It will help to improve the efficiency of the proceedings.The criminal law about jurisdiction in our Country is very simple, grade jurisdiction are based mainly on the demarcation of the jurisdiction of the nature and impact of the severity of the sentence could be imposed, and the courts at all levels to focus on the different working environment, the jurisdiction of the High Court and the Supreme Court is more abstract and procurator organs and people are not understandable. This High Court and Supreme Court gave too much discretion, to the neglect of a defendant's right to know, while the first led directly to the Supreme Court of jurisdiction over those accused of first instance only final. This appeal to the parties to further block the procedural rights to seek legal relief. Which is not conducive to the protection of the legitimate rights of the parties? Geographical scope of the jurisdiction of the smaller jurisdiction of the Court is clear from the angle, is not conducive to the collection of evidence and the parties involved in litigation. No objection to the jurisdiction of the parties to the system, only the jurisdiction of the court alone. This shows that the degree of administrative jurisdiction, the court too much power, the accused are still at a very vulnerable position. China's Criminal Procedure Law is also implicated in the lack of jurisdiction, lack of a reasonable distribution of cases, the vulnerability of the parties' rights violations.Therefore, the jurisdiction of the criminal justice system still has to be further improved, and this is where the focus of this paper: level jurisdiction to be further clarity, the abolition of the Supreme Court in the first instance; geographical jurisdiction of the trial court should be easy. facilitate the collection of evidence and to facilitate the parties involved in litigation perspective, the scope should be expanded; objection to the jurisdiction of the establishment of the accused, to protect the accused to a fair trial and ensure a fair process; implicated in the establishment of the jurisdiction of the trial system, and promote the rational distribution of cases, improve efficiency, The writer also implicated proposal for the further implementation of the jurisdiction of the trial system China should also establish a corresponding file jurisdiction jurisdictions involved, to ensure the integrity of the proceedings.
Keywords/Search Tags:Criminal Jurisdiction, Level jurisdiction, Regional jurisdiction, Objection to jurisdiction, Implicated jurisdiction
PDF Full Text Request
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