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Our Country Criminal Jurisdiction Conflict Studies

Posted on:2013-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q L MoFull Text:PDF
GTID:2246330371993158Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In China’s criminal lawsuit jurisdiction over, and competent jurisdiction, refers to the public security organs, people’s Procuratorate and the people’s court to handle criminal cases on the purview. The criminal procedure law of our country on filing jurisdiction to make specific provision. However, in the criminal judicial practice of our country, often have jurisdiction over ownership of fuzzy or overlapping situations, leading to the judicial organs between competing with each other or excuse criminal jurisdiction phenomenon, resulting in the criminal jurisdiction conflict. Only scientific, reasonable solution of criminal jurisdiction conflict, can provide accurate, timely identification of the facts of the case, apply law correctly, and fair in handling cases, punishing crimes, protecting human rights, realize the purpose of the code of criminal procedure to create premise condition. In this paper the criminal jurisdiction conflict as a topic, to explain the criminal jurisdiction conflict theory as a starting point, analysis of China’s criminal jurisdiction conflict reason and harm, put forward to solve our country criminal jurisdiction conflict of specific countermeasures, to perfect our country’s criminal case jurisdiction system has the important theory significance and the practical significance.This article altogether three parts:The first part, interpretation of criminal jurisdiction conflict of concept, characteristics, classification of criminal jurisdiction conflict of criminal jurisdiction conflict, concrete forms;The second part, from the subjective and objective analysis of the two aspects of criminal jurisdiction conflict of criminal jurisdiction conflict, negative influence;The third part, put forward to solve our country criminal jurisdiction conflict countermeasure. Specific measures include:the establishment of the criminal jurisdiction objection system; strengthening the people’s Procuratorate to initiate activities supervision; the relationship between police and procuratorate integration mode.
Keywords/Search Tags:Filing jurisdiction conflict, integrating police and procurator, dessenting filing jurisdiction, Manifestations of Conflicts Solutions, Judicial justice
PDF Full Text Request
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