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Study On The Criminal Procedural Jurusidiction Objection System Of Our Country

Posted on:2013-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:D DaiFull Text:PDF
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Criminal procedural jurisdiction objection system is one procedural right,it has the value of legal.At first, it has great significance for protecting the legal rights of the parties,both suspect/defendant and victim.Secondly,it is conductive to realize the course of justice,both the course of the proceedings and the results.Finally,It iconductive to improve judicial efficiency,to obtain the most satisfactory results with minimal resource consumption. But there are several reasons that affect China’s criminal procedural jurisdiction objection system:at fisrt,compared with civil action and the administrative proceedings,china’s criminal procedural jurisdiction objection system has many problems, whether in legislation or judicial practice.In legislation, the mention of the main provisions are too vague,the court review process is not clear,most parties don’t know the existence of their right,have caused the imbalance of the parties’litigious right and the court’s jurisdiction;in judicial pratice,courts based on economic interests,Intervene criminal jurisdiction objection seriously;what’s more,some attorneys utilize the objection to the jurisdiction to delay the litigation time.Therefore,it is necessary to impove China’s criminal procedural jurisdiction objection system.Secondly,due to the lack of clear legal provisions, Criminal procedural jurisdiction objection system raised by the parties in different courts have ways to solve,some courts refer the civil procedure law;some courts decide the facts to make a ruling.So,duet to the lack clear legal provisions in the legislation,which affects the fairness of our judicial and legal uniform application and hinders the criminal proceedings carried out smoothly. At last,the legislative provisions and judicial practice of two legal system and civil procedural jurisdiction objection system provide useful ideas and experiences for china’s criminal procedural and criminal procedural jurisdiction objection system.In order to promote the rightfulness of the court’s jurisdiction,protect the parties’litigious right and the litigation justice,this essay focuses on three parts:the first part introduces the need to establish Criminal procedural jurisdiction objection system,that is to say,why our country is Urgent need to establish this system,the second part is introduces other countries and regions in the provisions of the legislation,the third part introduces the applicant of jurisdiction objection;the specificreasons for the jurisdiction objection;the time and the way of applications ofjurisdiction objection;proof of the burden of proof standards about jurisdiction objection;the mechanism of adjudication about jurisdiction objection according Foreign legislation and China’s national conditions. So the development of protecting the rights of citizens is our legal direction...
Keywords/Search Tags:Party, Criminal litigation, Criminal procedural jurisdiction objectionsystem
PDF Full Text Request
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