Research On The Criminal Jurisdiction System Of Cross-administrative Division Judicial Organs

The reform of the cross administrative divisions of the judiciary is comprehensively deepen a key link of the reform of the judicial system, directly determines the can get rid of the place of justice and judicial administrative bottlenecks, to ensure that the judicial organs in accordance with the law, independent and impartial exercise of judicial power of prosecutorial power, the realization of judicial independence and justice. Cross administrative divisions of the judiciary reform process exposed many problems remain to be solved. In this paper, the cross administrative divisions of the judiciary criminal jurisdiction right system as the breakthrough point, has made a thorough study of the jurisdiction behind the deep-seated obstacles, and puts forward cross administrative divisions of the judiciary under the stage of reform and macro conception and specific recommendations to improve the cross administrative divisions of the judiciary criminal jurisdiction system, in order to be able to build relatively perfect cross administrative divisions of the judiciary criminal jurisdiction right system with their own meager strength.The article is divided into four parts:The first part is mainly about the introduction of the reform of the judicial organs in Beijing and Shanghai. By investigating the situation of judicial reform pilot areas, summed up the remarkable characteristics of cross administrative judicial jurisdiction in criminal cases, and tries to find cross administrative divisions of the judiciary criminal jurisdiction system existing problems.In the second part, the author analyzes the main problems existing in the criminal jurisdiction system of the judicial organs across administrative divisions.To communicated across the administrative divisions of the judiciary under the jurisdiction of the provisions as the research object, combined with the Beijing Shanghai Cross administrative divisions of the judiciary encountered in the judicial practice obstacles, summed up the jurisdiction scope and standards are not unified, under the jurisdiction of general lack of operability, transferred to the jurisdiction of the mechanism is not established in a timely manner and seven jurisdiction.The third part is to explore and perfect the deep obstacles in the criminal jurisdiction system of the judicial organs across administrative divisions.Defects of the part in a cross administrative divisions of the judiciary criminal jurisdiction exists in the system as starting point, from the concept level, system level, the legal level and the level of mechanism, the depth of analysis of cross administrative judicial organs in the process of reform by the clamp, in order to through the phenomenon of nature and find the good medicine to solve the problem fundamentally, and then build in line with China's national conditions across the administrative divisions of the judiciary.The fourth part elaborates the specific framework of the jurisdiction system of the judicial organs across administrative divisions. Through analysis of the induction of the second part of the main problems and the third part deep obstacles of the proposed building a cross administrative judicial jurisdiction system of the general idea and specific suggestions to improve the inter administrative divisions of the judiciary system of criminal jurisdiction, in order to solve the cross administrative division judicial organs in the process of the reform of exposed significant problems, built a relatively complete cross administrative divisions of the judiciary criminal jurisdiction right system and theoretical system.