Research On Designated Jurisdiction Of The Criminal Litigation System

The designated jurisdiction in criminal litigation, whose starting point is to maintain the justice of the procedure, and realize the justice of judicial.The designated jurisdiction is in comparison with the legal jurisdiction, it is a supplement and exception of the legal jurisdiction system, it reflects the combination of principle and flexibility. It has played a positive role in legal practice, and have important theory meaning and practice meaning in solving special cases. However,due to the legal provisions are abstract, the supporting measures system are not perfect, there are some disadvantages and problems.This paper tries to analyze the present situation of the designated jurisdiction system and the existing problems, and on this basis, tries to put forward corresponding suggestion, in order to improve the system of designated jurisdiction.The content mainly includes the following several aspects:The first part, mainly overview of the designated jurisdiction of criminal legal system.Firstly introduce the definition of the designation of jurisdiction and related regulations, analyzing the relationship between the designation of jurisdiction and the legal jurisdiction, and weigh the advantages and disadvantages of this system.As a kind of program, inevitably has the its existence value. Criminal designation of jurisdiction system make the program more efficient, maintain and respect the human rights, and realize the procedural justice.The second part analyze the present situation and problems of the designated jurisdiction. In Criminal Procedure Law, only the twenty-sixth article has a direct legal regulation, because the legislative provisions are too general, make the designation of jurisdiction system does not have operability in the judicial practice, which has brought a series of problems, and have the possibility of affecting the justice and efficiency. The main problem are as follows : the designation of jurisdiction applicable conditions are not clear, the lack of normative conceptions; Minor authority problem; The absence of the objection to the jurisdiction of the court. The third part is mainly about how to consummate the system of criminal designation of jurisdiction. On the basis of the second part, this section is aiming at the existing problem of criminal designation of jurisdiction system and tries to make some reform and optimization. In order to keep fair justice of the criminal designation of jurisdiction system program, first of all, we shall specify the applicable conditions ofthe system,make it more clear and specify, avoiding the abused use the designation of jurisdiction, and strictly abide by the designation of jurisdiction applicable consistency. Second, improve the courts in the designation of jurisdiction applicable authority program cohesion,in order to ensure the smooth operation of the procedure.Finally, set up the system of jurisdiction objection, which gives the criminal suspect or defendant legitimate rights and the necessary defense, balance the litigation right and judicial power, and to effectively safeguard the legitimate rights of criminal suspects and defendants.