Study On Allopatry Jurisdiction Of Official Offence By Senior Officials

Official offence by senior officials has already been a "tumour" through the development of human society, Which is originated in widespread area of the society. It is a social, political, economic, moral, historical and realistic problem around the whole world. The punishment of official offence by senior officials has been increased year by year in our country, nevertheless, we still have to face unsolved problems like imperfiction of system, non-standard judicial practice, etc., from the perspectives of system design, juridical practice as well as Law of Criminal Procedure. In the last few years, the anti-corruption work has carried out steadily continuously and deeply, and meanwhile the number of major and serious official offences investigated by procuratorial organ is increasing. The approach is widely and extensively used that official offence cases, especially when involves the junior officials’ official offence, are filed and investigated or prosecuted by allopatry procuratorial organs which are assigned by superior or even the supreme people’s procuratorate, coordinating the designated jurisdiction of the people’s court at the same level, with an aim of effectively removing a variety of the local resistances and interferences and ensuring the smooth progress of litigation activities. Not only good aspects but also shortcoming of this approach are displayed in practice.For now, the study on this topic focus on criminal substantive law in academia, whereas seldom on procedural law; the legal rule related assigned jurisdiction for criminal case is in no consummation, the fundamental research is relatively weak, so many problems about the assigned jurisdiction have not to been able to be solved well in practice. Therefore, putting emphasis on the procedural issues of official offence by senior officials, especially the jurisdiction as the beginning of an action, considering the existing legal rule, the legal theory, and the real as well as the possible needs, we should carry on the analysis and discussion about the assigned jurisdiction to the crime by duty, and improve it gradually, which is very essential. By takeing allopatry jurisdiction of official offence by senior officials as entry point, dividing it into two phases:functional jurisdiction and trial jurisdiction, this paper will hackle, summarize and expand this issue from two aspects:legal rule and practice and learn from foreign countries in order to improve our jurisdiction of official offence by senior officials and provide punishment of official offence with efficient, impartial and transparent institutional guarantee.The jurisprudence basic of allopatry jurisdiction of official offence by senior officials includes the principle of legality, the principle of fair trail and the pinciple of judicial independence. The value of allopatry jurisdiction system lies in three aspects: being in favor of realization of equity and justice; driving out interference from power; being the strong requirements of judicial independence. The jurisprudence basic of allopatry jurisdiction of official offence by senior officials includes the principle of legality, the principle of fair trail and the pinciple of judicial independence. The value of allopatry jurisdiction system lies in three aspects:being in favor of realization of equity and justice; driving out interference from power; being the strong requirements of judicial independence. However, there are numerous problems of allopatry jurisdiction system in judicial practice. The author of the present dissertation attempts to analyze the status quo and existing problems of jurisdiction of official offence by senior officials. This thesis firstly hackles the case-filing and trail jurisdiction of official offence from the perspective of statical institution and then conducts an empirical analysis on the punishment cases of official offence from the perspective of dynamical judicial practice, hence points out problems exsiting in jurisdiction of official offence, including lack of legal rules in functional jurisdiction, unclear power boundaries between party disciplinary authority and judicial department and unreasonable jurisdiction of inter-related cases between police departments and procuratorate departments,etc. Focusing on this phenomenon that allopatry trail is general among official offence, this paper points out that it will cause more judicial costs and the convergence mechanism between jurisdiction and trail is imperfect, etc.. We hope that the relevant jurisdiction rules in foreign countries can provide a reference in perfecting Chinese allopatry jurisdiction system of official offence and building efficient, impartial and transparent jurisdiction system. After that, this dissertation introduces rules and systems on jurisdiction of official offence in foreign states and its enlightenment to China by combbing and suming up characteristics of jurisdiction of official offence of foreign countries. In the end, the author of the present dissertation conceives the improvement of jurisdiction system of official offence in our country. To improve it, procuratorate departments should be empowered investigation power priority and the appilication for jurisdiction objection among procuratorate departments, suspect and defendant should be increased. It is necessary to add the principle of personal jurisdiction and emphasize that allopatry trail should be exception of territorial jurisdiction. Only the principle of fair trail might be severely affected should it be applied in order to prevent genenaliztion of allopatry trail, save juricial resourses and maintain the authority and modest of law. Therefore, it is extremely necessary to discuss the jurisdiction of official offence by senior officials. The present endeavor only reflects a small part of problems in China’s criminal jurisdiction system and other problems related to jurisdiction regulations and practice during the process of our country’s criminal procedure still need further research.