Research On The System Of Objection To The Criminal Procedure Jurisdiction

Jurisdiction is the first procedure of criminal litigation and also a very significant part of the whole litigation. It has the function of guaranteeing judicial justice, allocating judicial resources rationally and maintaining the procedural justice. The system of objection to the criminal procedure jurisdiction, as an important procedural right, is universally established in other countries in the world. But our country hasn’t set up. Thus, in the practice, it brings many problems, which is the main reason for me to write this essay, hoping to find some solutions.Besides the introduction and the conclusion, the essay consists of four parts, over twenty thousand words.The first part is an overview of the system of criminal jurisdiction objection, which mainly expound the concept and the theoretical basis. For the defendant and the victim as well as other subjects, the criminal jurisdiction objection is a right to take part in the procedural and also defense in the court. Moreover, it will ensure to get a fair trial and demonstrate the value of procedural justice.The second part is to list the jurisdiction rules based on current legislation, and find that the system of criminal legislation is still a blank in China. Thinking of the jurisdictional disputes in the judicial practice, it is very necessary to explore the reasons behind, including the traditional ideas, institutional constraints and also individual psychological fear. Because of the lack of legislation, it causes the different result in dealing with jurisdiction objection. Some directly refused for "no legal basis", some coped in an administrative way. So, to establish the system is very essential now.The third part is the comparative analysis of two legal systems. By comparing and analyzing the provisions on the jurisdiction objection system of Anglo American law system and continental law system, although there are some different specific rules, but we can find something in common. And these will provide valuable experience for the construction of the system in China.The last part focused on the specific ideas about the establishment of jurisdiction objection system in our country. For example:the main applicators include the defendants, the victims, the procurator and other participants in the proceedings. The reasons of the objection include legal causes and other causes which affect the impartiality of the trial court. The results include support their idea, reject or designate. If a party refuses to accept, he can ask for judicial remedy.Considering the disregard of the procedure, the problem of judicial administrative tendency and so on, the real implementation of jurisdiction objection system is still a long way to go.