| Jurisdiction system is entrance to a lawsuit,it is known as “the first defense line of judicial fairnessâ€. It plays an important role to realize judicial justice and safeguard judicial authority. The current system of judicial jurisdiction and the jurisdiction of the administrative area of overlap in our country, it has had many problems. It damages the fair administration of justice. The 4th plenary session of 18 th CPC Central Committee proposes that the country will explore establishing cross-administrative region courts and procuratorates. The 3rd plenary session of 18 th CPC Central Committee makes a decisions to ensure that Judiciary to exercise judicial power independently and impartially. To explore the establishment of appropriate separation of the administrative region and judicial district and the unity of the legal system. Therefore, to establish a system of appropriate separation of the administrative region and judicial district is one of the important reform.At present, China’s criminal lawsuit system research mainly concentrated in the lawsuit system. Relatively little research on the jurisdiction system. Few scholars departure from the jurisdiction of the judicial system to study the role of impartial exercise of judicial power, especially in criminal proceedings perfect role. In fact, scientific and rational system of jurisdiction is the basis of procedural fairness. It is starting from the source of litigation, exclude other factors that undue interference in the judicial, and promote the case get a fair trial. Therefore, this article will demonstrate the present situation of the jurisdiction system in our country, the jurisdiction of the judicial system reform necessity, the jurisdiction of the judicial system at home and abroad experience,and our country judicial reform and other issues.The first part, from a historical perspective on our current administrative divisions and jurisdictions overlapping system. Jurisdiction system is deeply influenced by the ancient system of administrative and judicial, Moreover, our judicial system is learned from the former Soviet Union. Under the combined influence of various factors, current judicial system is be found. With the development of the rule of law, the jurisdiction of the system coincides with the administrative divisions drawbacks appear. Two areas overlap system strengthens localization of justice. It is difficult to balance caseloads between different jurisdictions. Therefore, The reform has urgent needs practice of the practice.The second part of this paper demonstrates the necessity of the appropriate separation of the administrative region and judicial district. Judicial power is weak and limited, and it is vulnerable to interference by the strong executive power. Therefore, judicial power must be away from the executive power. In addition judicial power has national nature, and only the country can exercise the power. Moreover, The judiciary must be independent and neutral. The system of two districts overlap provides the greatest convenience for localization of justice. Therefore, Setting judicial district should based on Judicial principle. The reform is of great significance. It has the following effects: promote justice, get rid of executive power of supervision and control, ensure the uniform application of the law, optimize the allocation of judicial resources, and protect the citizens enjoy equal interests of justice. If the reform comes out successfully, it is useful for building of a law-based society.The third part of this paper analyzes the domestic and foreign related judicial system. In worldwide, jurisdictions and administrative divisions separate setting is common practice, such as Britain, the United States, Germany, France, Russia and other major countries. On this basis, the part summarizes the pattern of jurisdiction of the system, which includes circuit court pattern represented by Britain and United States and specialized court pattern represented by Germany and France. The part also summarizes the experience of specialized courts jurisdiction setting in China., To analyze railway and maritime court, elaborate escape local control of its good results achieved.The fourth part describes a variety of academic programs on appropriate separation of the administrative region and judicial district, and analyzes the feasibility of each option.Under the premise of the theory and the current empirical pilot, The part analyzes Third Intermediate People’s Court of Shanghai,the Third Intermediate People’s Procuratorate of Shanghai, the Circuit Court of Supreme Court, and intellectual property court of Beijing, Shanghai, Guangzhou. Further, to analyze the effect of empirical pilot and discusses their problems.The fifth part discusses that how to set up judicial district which is separated of the administrative region. Firstly it introduces the location of the reform of appropriate separation of the administrative Region and Judicial District. The reform is fundamental and exploratory. The judicial system needs to take a gradual pace of reform. In consideration of China’s basic national conditions, the reform must be follow the following principles, such as of appropriate separation, the principle of convenient for citizens and the principle of caseload balance. Meanwhile, the economic situation, the size of the area, population distribution and other element should be consider. Because the reform is exploratory, it runs may face a conflict of judicial reform and the Constitution. Worse, it will strengthen the administration of justice and the provincial localization of justice. Therefore, it is necessary to guard against the risks associated. The reform of separation of the Administrative Region and Judicial District is a large and complex project., it needs the support of relevant measures. Provincial unified management is the most important relevant measure.The sixth part discusses the cross-administrative divisions of special jurisdiction in criminal proceedings. In practice, there are many special criminal cases, such as Juvenile delinquency cases, criminal cases, financial, environmental criminal cases, compulsory medical procedures. They has characteristic of strong professional, uneven distribution and other characteristics. The current system is difficult to protect its jurisdiction trial quality. Through cross-administrative division under the jurisdiction, it can effectively promote judicial impartiality, judicial efficiency, and strengthen the process of the special case of specialized trial. Cross-administrative division of jurisdiction can not be determined by the way of specifying the jurisdiction. It is only determined under the law or expressly authorized by law. Criminal proceedings are interlocking, when exercising judicial jurisdiction across administrative divisions, needs and public security organs and procuratorial organs effective convergence. According to the law of the investigation, the investigation stage should not be implemented across the administrative jurisdiction. To enhance the professionalism of the program and the legality of criminal cases, prosecution stage should be implemented across the administrative jurisdiction. In a variety of modes, “the public security organs direct transfer†convergence model is the most feasible, It is the most consistent with the value of the jurisdiction of reform. |
