Research On Trial Designated Jurisdiction Of The Criminal System In China

Criminal designation of jurisdiction system, it is to point to in the case of jurisdiction exist mutual shuffle or competition, has the superior people’s court of the people’s court at a lower level of designated jurisdiction system, its existence is advantageous to the case in time, to protect the rights of the parties meting out smoothly, and be able to make saving judicial resources. This article applies the method of analysis, comparison and theory with practice, study of criminal designation of jurisdiction system in our country, found its deficiency in the theory and practice, and the improvement of its recommendations.Since the introduction mainly includes four most parts:The first part is the summary of criminal designation of jurisdiction system, mainly introduced the system of designated jurisdiction of criminal conception and the effectiveness of the designation of jurisdiction and characteristics, the principle of criminal designation of jurisdiction system and the value of the existence of criminal designation of jurisdiction system. Specified in the criminal jurisdiction of the effectiveness of the system and characteristics, mainly introduced the form make the jurisdiction system of the effectiveness of the case and the parties concerned as well as to the effectiveness of the court and introduces the characteristics of the criminal system of designated jurisdiction. Specified in the criminal jurisdiction system principle, points out that the criminal system of designated jurisdiction are mainly governed by the principle of convenience, procedures, legal principles, the principle of combining principle and flexibility. Exist in the value of the specified in the criminal jurisdiction system, points out that the criminal system of designated jurisdiction is beneficial to economization and criminal procedure efficiency, protect and respect human rights and realizing the value of procedural justice.The second part gives the criminal jurisdiction system present situation and problems, mainly introduced the criminal system of designated jurisdiction of criminal scope specified pipe is not clear, authority subject uncertainty, specify the reason not fully, the irregular procedure of specified, and the lack of dissent and relief. In the scope of application is not clear, and points out that the criminal system of designated jurisdiction applicable conditions are not clear and the criminal system of designated jurisdiction applicable procedures not clear. Criminal specified in the specified procedure is not standard, and points out that the flaws on the launcher, criminal jurisdiction system there is no limit to the number specified by the designation of jurisdiction system and criminal designation of jurisdiction system adopts the form is not unified.Third part for the perfection of the criminal designation of jurisdiction, the main criminal of designated jurisdiction designation of jurisdiction scope, determine the main body, improve the criminal designation of jurisdiction specify reasons, standard of criminal jurisdiction specified procedures and establish criminal designation of jurisdiction objection system suggestion. Specified in the criminal jurisdiction scope, proposed explicitly the criminal system of designated jurisdiction applicable situations and specific criminal system of designated jurisdiction applicable procedure. Specified in the standard of criminal jurisdiction specified in the program, put forward the standard criminal designation of jurisdiction system startup procedure, criminal system of designated jurisdiction should be limited to a number of criminal and designation of jurisdiction system in the form of orders.