Research On Designated Jurisdiction Of The Criminal System

Designated jurisdiction for criminal cases is a system that applied to specify the court for specific case,when the jurisdition of the case uncertain or under dispute.It provides a exception to the general rule of territorial jurisdiction of the criminal procedure and bears great practical significance in guiding and soling jurisdiction problem in specific case.In this paper,I try to analyize the advantages of designated jurisdiction system in practice systematically by means of analysis,comparison and putting the theory into practice,with the starting point of designated jurisdiction ,in order to carry on benefic discuss on facilitating the improvement and perfection of designated jurisdiction system.The whole paper contains three parts:introduction,text and conclusion.Apart from the introduction, the text has divided into three parts.The first part focuses on the designated jurisdiction system of criminal.First,represent an overview of the definition of the designated jurisdiction. Designated jurisdiction is a kind of jurisdiction, which in fact, is a determination or alternation of jurisdiction of the lower court made by the higher court for two types of criminal case, one is that the territorial jurisdiction of the criminal case is unclear, the other is that the original court of competent jurisdiction is not appropriate or capable to trial the criminal case for various reason.second,as an legal authorization, the designated jurisdiction of criminal cases must be legally binding .Through analyzing the legal effect of designated jurisdiction form the perspectives of court and both parties, this paper summarizes the unique characteristics of the behavior of designation in designated jurisdiction system.Then,as criminal procedure, the rules it has to follow while guiding the operation of the system are: the principle of statutory procedure, the principle of facilitating the exercise of jurisdiction and the principle of the taking the flexibility into account whiling considering obeying to the principles. At last, as a procedure, it muse have its own value. That is, the designated jurisdiction has realized procedural justice by marinating and respecting the human rights. The second part has done analysis on the current situation and issues of the designated jurisdiction system. From the legislation point of view, only Article 26 of criminal procedure can be found as its direct legal basis. As the law is abstract and principles-oriented, and the legislation is too general. As a result, the designated jurisdiction does not work well in judicial practice. From the current situation of justice in recent years, juridction of more and more criminal case depend on designated in judicial pratice, especially criminal cases involving high rank officials. The designated jurisdiction has almost become a fixed pattern; however, there are many deficiencies in practice. Accord to current legislation and judicial practice, problems in designated jurisdiction system in the exercise of criminal litigation have been pointed out in this paper ,among which the following are the primarily ones: the scope of criminal trials that the designated jurisdiction can be applied to is indefinite; the subject who is authorized to designate the jurisdiction in criminal trials is not specified; the ground, as the basis of the designation of jurisdiction is not specific; the procedure of the designation of jurisdiction in criminal cases is not standard; the objection and relief in designated jurisdiction for criminal cases is insufficient.The third part is the improvement of the designated of jurisdiction system for criminal cases. On the basis of the second part, some suggestions have been put forward to reform and improve the matters in the designated jurisdiction system. In order to maintain the impartiality and justice of the procedure in the designation of jurisdiction in criminal cases.First,the scope of the criminal cases that should apply to designated jurisdiction must be clearly set, and the situation that result in the application must be listed out in detail.Besides,in order to prevent the abuse of designation of jurisdiction by the court, it should further specify that designation of jurisdiction can also be applied in the retrial proceeding.Third,improve the ground of designated jurisdiction in criminal trail and the designated jurisdiction should be demonstrated more form the perspective of law and scientific principle to make sure to the impartiality of the designated jurisdiction. Then standardize the procedure of the designated jurisdiction in criminal trial. The procedure should bi started by the prosecution and the jurisdiction can designate only by the court in the form of award finally. At last, a system of objection to the designated jurisdiction in criminal trail should be established to endow the criminal suspects and defendants with proper rights and guarantee the legitimate interest of theirs.