Study On The Criminal Procedural Jurisdiction Objection System

Objection refers to the criminal jurisdiction in criminal proceedings,the subject of rights related to the case by the court on the authority of a particular case under the jurisdiction of different ideas and opinions, the system is a clear focus on procedural justice, fair trial, protection of the parties right of appeal in criminal proceedings the goal and value system. such a criminal proceedings throughout has a very significant system in the world of criminal law are clearly reflected, but did not appear in china's criminal procedure law, which is bound to china's criminal justice and efficiency of complaints procedures impact is, indeed, frustrating. Therefore, I believe that the establishment conforms to our country national condition the objection to jurisdiction over criminal action system is necessary.Objection to jurisdiction over criminal action, is the parties according to the law of criminal procedure, the criminal jurisdiction in the controversial claim, its purpose is to obtain a fair procedure, so the jurisdictional protest of criminal procedure is an important procedural rights. It is the parties to criminal litigious right of fair trial rights, is the important safeguard, help the court jurisdiction determination and realization, contribute to the protection of the litigation right and lawsuit status has improved, also contribute to the parties to the criminal actual participation and the criminal procedure exerts beneficial effects. The criminal litigants are entitled to exercise the right of jurisdiction objection and remedy, criminal procedure verdict system indispensable important content of.In common law countries, the jurisdiction objection corresponding to the jurisdiction defense, often with" a fair trial rights closely linked". In civil law countries, the defendant and the other parties have also been commonly given to criminal jurisdiction objection rights.Different countries and regions for jurisdictional protest of criminal procedure verdict mechanism characteristics, there are also some common law, these are for our in-depth study of criminal jurisdiction objection system laid the empirical basis. our country establish the jurisdiction objection system of criminal justice, we not only maintain the authority of the law, to realize judicial justice, but also the protection of human rights, to adapt to the modern criminal procedure development trend of need, or we can improve the efficiency of lawsuit, the realization of judicial efficiency value goal means, more is that we realize the procedural democracy, form good the way of judicial environment. At the same time, the principle of procedural justice in our country is arisen, the realistic demand desire, objection to civil jurisdiction system can be used for reference and the criminal procedure law of our country is ceaseless and perfect full description of our establishment of criminal jurisdiction objection system of practical. The objection to jurisdiction over criminal action system is established, which can solve the lack of legislation in China, also meet the needs of judicial practice.China's criminal jurisdiction objection system, should according to our country criminal prosecution pattern, purpose, subject, function, phase of the regulations and build, it shall carry out the principle of giving right of litigants, hearing procedure principle, constant jurisdiction principle, principle of evidentiary adjudication and relief principle.For the Construction of China's system of criminal jurisdiction of the objection, I object to an application from the main body of the last; object; application of statutory subject matter; during and methods; burden of proof and standard of proof; accepting organs; application program effectiveness and award procedures; ruling effect; relief procedures and filed objection to jurisdiction under the jurisdiction of the error and the legal consequences of inappropriate content are described.