The Criminal Case Under The Jurisdiction Of The System

As the first stage of criminal procedure, the system of criminal jurisdiction to file case likes a bridge, which plays an important role in harmonizing the relationship between the different investigation organs, between the investigation procedure and the trial procedure. If the system of criminal jurisdiction to file case is irrational, then it will augment the friction of between the investigation organs, between the investigation organs and the courts. Besides, it will reduce the efficiency in the criminal procedure. Because the division of rights of the criminal jurisdiction to file case in China is vague and irrational, the exertions of jurisdiction are rough-and-tumble. Currently, it is necessary to have a study on the system of criminal jurisdiction to file case and to put forward a proposal for reforming this system.In this paper, aiming at reforming the system of criminal jurisdiction to file case, the author makes an in-depth study of the ingredients which shaped the system of criminal jurisdiction to file case. There are more than thirty thousands words in the article. Except for the foreword of the article, it is divided into three parts.In the foreword, the author introduces knowledge about the concept, the function of the system of criminal jurisdiction to file case, and the meaning, the purpose of the study. In the author's opinion, as the first door of criminal procedure, the system of criminal jurisdiction to file case is the base of the investigation. Whether the system of criminal jurisdiction to file case is rational or not will affect the investigation procedure and the trial procedure. So, we should make an in-depth study in this subject.In the first part, the author introduces the system of criminal jurisdiction to file case in the overseas country, such as America, England, Germany, France, Russia, Japan. The objects in the research involve the issue who are the investigators, how to allot the authority investigation, and whether the system of private prosecution exists in the above-mentioned countries or not. Through hard research, the writer finds that the police are the primary investigators in these countries, and there are some professional investigation organs in intramural police authority. But there are some differences between each others in some aspects. Firstly, the attorneys in the common law system countries don't participate in the detection, however, they are entitled to the rights of detection in the civil law system countries. Secondly, the attitudes to the system of complaint from private sources are different. The system of private prosecution exists in Germany and Russia. And it is allowed to prosecuting by individual in England, although it is different from the system of complaint from private sources. They implement the system of monopolism of prosecution in America, Japan, France, which prosecuted by attorneys or other officials.The second part of this article relates to the contents that the actuality of the system of criminal jurisdiction to file case in China and comment on this system. In the head of this chapter, the author introduces the actuality of division in the filed of criminal jurisdiction to file case. The work of detection is done by the Ministry of Public Security, the Ministry of State Security, the military organ, the prison, the procuratorial organ, and the Ministry of Public Security play important part in the detection. The system of private prosecution exists in China, the courts can receive cases of oneself action. Subsequently, the author points out the problems in the system of criminal jurisdiction to file case and analyzes the cause of formation. The problems of the system of criminal jurisdiction to file case in China are: first, the system of criminal jurisdiction to file case is too brief, and the regulations between the criminal procedure law, judicial interpretation of law and the prescriptions of the other investigation organs are conflicting; second, the division in the filed of criminal jurisdiction to file case is not rational, and it has induced the some negative result, for example, cross-jurisdiction; third, the extent of the jurisdiction of investigation in the Ministry of State Security and the military organ aren't ruled in the criminal procedure law, moreover, the scholars are disputed on the issue that whether the prison should be entitled to the rights of jurisdiction of investigation or not. The author considers that causes of formation include: firstly, one historical reason is the regime of farraginous powers in the ancient China, which resulted in the halfway separation of functions between the investigation organ, the procuratorial organ and the court. The other historical reason is the tradition of investing the official offences by the imperial bureaucracies. Another historical reason is the infections of the systems of criminal procedure of the civil law system countries especially the Soviet Russia, these systems affect the contents such as the extent of investigation jurisdiction, the system of oneself action, the character of the procuratorial power, and so on. Secondly, the theory of the procuratorial organ's investigation makes an impact on the extent of functional jurisdiction of the procuratorial organ. Thirdly, the power of the Ministry of Public Security, the procuratorial organ and the court in fact may affect the division of the power in the functional jurisdiction.In the third part, the author refers to the reformation of the system of criminal jurisdiction to file case. In this part, the author introduces the theory of separation and controlling in the power to explain the reason why it is essential to divide the judicial power into three parts. After summing up the systems of criminal jurisdiction to file case in the overseas countries, some inspire as follows could be learned: firstly, we should establish the system of criminal jurisdiction to file case, which mainly depends on the police; secondly, we should entitle the rights of investigating the official offences to the procuratorial organs, thirdly, we should limit the number of the cases of private prosecution strictly. On the basis of above principles, the author puts forward the suggestion on the reformation of the system of criminal jurisdiction to file case. In the author's opinion, first, we should advance the specialization in the Ministry of Public Security;at the same time, the author confirms the extent of the jurisdiction of investigation in the Ministry of State Security and the military organ. The writer advises that we can entitle the rights of investigating some crimes against public security to the Ministry of State Security, and entitle the rights of investigating the cases to the military organ such as the crimes of violation of duty by military service, common crimes of occurring in the army, common crimes committed by active army, crimes detrimenting the profit of the national defence and so on. The author also suggests that we should cancel the regulations about the jurisdiction of investigation of the prison. Second, the author suggests that on the basis of reserving the procuratorial organ's rights of investigating the official offences, we should expand the rights of the procuratorial organ's functional jurisdiction to the corruption cases occurring in the economy filed such as crimes of bribing to the staffers in the companies, crimes of accepting bribes done by the staffers in companies and so on. Third, referring to the range of the cases of private prosecution, first of all, it is necessary to cancel the regulations ruled by the item of 170^th in the criminal procedure law; Then, the author proposes that we should confirm the range of the cases that are to be handled only upon complaint afresh. Some of the crimes of encroachment committed not by the relatives should come under the cases of public prosecution. Besides, the author explains the exceptional situations occurring in the cases that are to be handled only upon complaint definitely. Finally, the author confirms the range and the judicial proceeding of the trifling cases testified by the victim definitely. The crimes ruled in the fourth and fifth chapters of the special provisions of criminal law, the crimes of bigamic marriage, and the crimes of producting fakes should come under the cases of public prosecution. Furthermore the author suggests that we should entitle the rights of option to the victims, so when they are offended, they can choose to appeal for the Ministries of Public Security, the procuratorial organs or to initiate the private prosecution. In the end of the article, the author also puts forward some assistant measures of the reformation.