The Perfection Of The System Of Designated Jurisdiction In Criminal Procedure

As an important part of the system of criminal procedure, the determination of jurisdiction is set up for special cases and has its unique function.The system of appointed jurisdiction in China's criminal procedure comes from the civil law system,but in the current judicial practice, the lack of experience in this field needs further theoretical research. In criminal proceedings, the jurisdiction of the public security organs, procuratorial organs and people's courts, due to specific reasons and not suitable or not to exercise jurisdiction, jurisdiction can be specified by the higher authorities within the jurisdiction of the subordinate authorities, this system aims to solve the jurisdiction disputes, according to the fundamental principles of criminal procedure and justice efficiency. China's 2012 revised 'Criminal Procedure Law of the designated jurisdiction system make simple provisions and the relevant judicial interpretations are less,whether in law, judicial interpretation and judicial practice,the designated jurisdiction system have some deficiencies, including the start of single subject, procedure, scope of confusion is not clear, relief the lack of system problems,so this paper to improve the system of designated jurisdiction as the research object,hoping to further improve our system of criminal procedure, to ensure the justice and efficiency of criminal proceedings.This paper is divided into four parts: the first part is an overview of the designated jurisdiction, system of criminal procedure. The definition of core concepts,and the system of designated jurisdiction, avoidance system and jurisdiction objection system were analyzed; the second part is the analysis of the designated jurisdiction system of criminal procedure value, carry out specific research from procedural justice,human rights and efficiency value of three aspects; the third part is the analysis of China's criminal procedure designated jurisdiction system defects the main defects of the lack of existing legislation and judicial practice in the discussions and analysis of the causes of the problems; proposed consummates our country criminal procedure designated jurisdiction system proposed in the fourth part, starting from the level of legal value, criminal system of designated jurisdiction to establish the correct values, on this basis, the legislative and judicial suggestions.