On The Jurisdiction Objection System Of Criminal Justice

Objection to jurisdiction over criminal action system is the two largest law countries in criminal procedure in the system an important content, for the protection of the litigation rights of the parties and substantive rights, the realization of judicial justice has important significance.The criminal procedure law of our country does not give the parties filed jurisdictional protest of criminal procedure rights. Along with the deepening process of China's rule of law, the legal consciousness of the citizens and the rights awareness is increasing day by day, the request for the establishment of theory of criminal jurisdiction objection system is increasing; in recent years, our country criminal procedure in judicial practice, there appear a large number of defendants and victims of criminal jurisdiction objection case. Due to the absence of relevant laws and regulations, practice for parties to challenge the jurisdiction of treatment are not the same:some courts refer to civil procedure, to determine the form of response to this claim, some courts are ex officio initiative review the facts of the case, on the basis of direct decision is made, the situation is more, the jurisdiction objection through the procedure by means other than in. Therefore, from the theory of criminal litigation jurisdiction objection system, not only has theoretical significance, but also has practical meaning.This paper mainly uses the methods of comparative analysis and empirical analysis method to discuss. The article is divided into four parts.The first part, explain the objection to jurisdiction over criminal action and its theoretical basis; analysis of criminal jurisdiction objection system in criminal investigation power restrict, the right of public prosecution, adjudication, judicial justice, safeguard the legitimate rights of the litigants value.The second part, introduced the two legal countries criminal jurisdiction objection system of legislative situation, on the basis of comparison and analysis, pointed out the foreign legislation for China's criminal jurisdiction objection system draw lessons from a meaning.The third part, discusses our country criminal jurisdiction objection system of legislative deficiencies caused by the impact, it is pointed out that the establishment of criminal jurisdiction objection system of practical significance.The fourth part, introduce, evaluated our country scholars on China's criminal jurisdiction objection system of all kinds of theory, on this basis put forward their own views, and to our country's criminal jurisdiction objection system of the specific content of the design.