Research On China’s Criminal Jurisdiction System Of Military Courts

The criminal jurisdiction of the Military courts shall be the prelude before themilitary criminal trials launched, in which specifically involves the problems of thejurisdiction division between the military courts and the ordinary courts, thejurisdiction belongs to which level’s military court, and finally the jurisdiction ownedby which system and areas’s military court. The current military courts in China areset as the judicial organizations within the armed forces, and defined as the specialpeople’s courts in the constitution level. Although both of the military court and theordinary court take criminal trials basically in accordance with Criminal ProcedureLaw, but the nature of special court of the military court decides that difference of thecriminal jurisdiction system must be existed between the ordinary court and themilitary court. Moreover, China has not established the related particular laws formilitary criminal trial, which as a result brings lots of problems in the judicial practicefor the criminal jurisdiction of the military court. Therefore, the research on thecurrent problems faced by the criminal jurisdiction of the military court and theanalysis on the reasons of those related problems and putting forward somesuggestions aiming at those problems shows particularly necessary.This thesis roughly analyzes some problems existing in the criminal jurisdictionsystem of the military court in our country and then timely put forward thepreliminary idea for solving the aforesaid problems. The author divided the thesis intofour chapters and elaborate the detail accordingly: The first chapter is the summary of the criminal jurisdiction system of thecriminal court. This chapter attempts to lay out a theoretical foundation and framestructure for the research throughout the full text by means of defining theconnotation and characteristics of criminal jurisdiction of the military court and alsoby means of the analysis of its value thereof.The second chapter is the review, evaluation and analysis of the present situationof the criminal jurisdiction of the military court. This chapter is mainly for the briefdiscussion on the related current legislation and the jurisdiction principles of thecriminal jurisdiction system of the military court in our country, and meanwhilefocusing on the current main problems existing in the criminal jurisdiction system ofthe military court, and further analyzing the cause of the all problems.The third chapter is the brief introduction and valuable references of criminaljurisdiction system of the military court. From the angle of comparative law, theauthor briefly introduces the extraterritorial laws and regulations of those severalmain countries and regions with military courts established, and meanwhile seekingthe valuable references for our country to learn and use.The fourth chapter is to give some suggestions for perfecting our country’scriminal jurisdiction system of the military court. Based on China’s military judicialtradition, military needs and the reference to foreign law, the author puts forwardsome assumptions and suggestions for the aforesaid problem in order to better perfectthe criminal jurisdiction system of the military court system.