The Construction Of Our Country Criminal Designated Jurisdiction Hearing System

Based on criminal legislation and criminal theory, Criminal jurisdiction is divided into functional jurisdiction and trial jurisdiction. The trial jurisdiction includs jurisdiction of level, regional jurisdiction, designated jurisdiction and exclusive jurisdiction. Criminal jurisdiction is the first problem that should be solved of criminal procedure, because the criminal proceedings starts from file., Litigation activities can not be carried out if the jurisdiction and powers are unknown. For the criminal jurisdiction of the special circumstances, our legal system provides for the designation of jurisdiction. As an important part of trial jurisdiction, designated jurisdiction is a useful complement to the statutory jurisdiction. However, the provisions of Code of Criminal Procedure for the designation of jurisdiction over the principle, they do not fully take into account the protection of the rights of participants in the proceedings, do not take into account the interface of criminal jurisdiction of the entire system, resulting in the judicial practice in the operation is non-standard and unscientific,,there are many problems in judicial practice.Based on this, the author made a in-depth analysis of the designated jurisdiction system, and from the perspective of procedural justice in understanding the development of foreign hearing system, based on the principle of procedural justice in order to re-construct our system of designated jurisdiction, want to provide improve helpto our system of designated jurisdiction.The full text is divided into three parts, the body of the text is of twenty thousand words.The first part:Jurisdiction of the trial system and its problems. In this part the author mainly introduce some contents:First, briefly introduce our system of criminal jurisdiction and the classificationof system of criminal jurisdiction, The second is the introduction of Jurisdiction and it,s problems. Briefly introduce he concept of the level of jurisdiction and the territorial jurisdiction and its problems. Third, focus on the concept of designated jurisdiction and it,s problems. The main problems are there are too much law principles, do not have the maneuverability; administrative model, the lack of prosecution and the defense against; absence of the parties involved, the right to appeal of the parties can not be guaranteed.The second part:The the theory of confirmation hearing system of the designed jurisdiction. First introduced the concept and theoretical basis of the hearing, definite the concept of the hearing and briefly review the development of hearing,to understand its basic meaning. Thus summarizes the basic orientation of hearing system and describe between the procedural justice and the justice and criminal proceedings relationship. Second describe the theoretical basis and factual basis for the introduction of system of public hearings to designation of jurisdiction elaborate,the use of basic values and its role in the designated jurisdiction.The third part:the concrete construction of how to perfect our country jurisdiction hearing system. The first is discussed from the perfect of the legislative aspects.The second is the specific designated construction of the hearing system of designated jurisdiction. From the system to improve, including the following:1 specify the jurisdiction of hearing system basic principle; 2 hearing form; 3 the scope of hearing; 4 hearing procedure; 5 pre-hearing preparation 6 hearing officers; 7 The procedure of hearing testimony and cross-examination; 8《the resolution》and designated jurisdiction decided.