Study On Jurisdiction System In Different Places Of Job-related Crimes

Since the 18 th National C0 ngress of the CPC big,stepping up duty crime in our country,the duty crime greatly increasing number of criminal cases,the duty crime cases also more and more foreign jurisdiction mode is used to working,have be governed by the individual cases before using different development to a large number of duty crime case model using different jurisdiction,will gradually become our country to deal with a judicial procedure of criminal case of duty crime.Based on the duty crime beyond the jurisdiction system as the research object,from the empirical perspective to analyze the current beyond the jurisdiction of application cases,the existing problems,from the perspective of different ground investigation jurisdiction and beyond the trial to analyze how to improve the deficiency in the different jurisdiction in the law and judicial practice in confusion.Specifically:The first chapter on the duty crime jurisdiction are summarized.First expounded the concept of duty crime and the jurisdiction of the long distance and position of the criminal jurisdiction of foreign law in our country,and expounds the justification of the system of the jurisdiction of the long distance.Beyond the jurisdiction of duty crime from the perspective of empirical analysis of the status quo,and list some position of the criminal jurisdiction of foreign criminal case data,and in-depth analysis of these data,for the following analysis beyond the jurisdiction system is insufficient to provide detailed data basis.The second chapter analysis the current difficulty of duty crime beyond the jurisdiction system.From two aspects of legislation and judicial practice analysis problems which different ground investigation jurisdiction and long-distance trial jurisdiction.Current position crime different ground investigation in legal level is lower,long-distance trial lack of legal basis.Different ground reconnaissance and long distance judge judicial procedure is not perfect,scope of application is not clear,insufficient reason,under the jurisdiction of the selected unit standard is not clear,on the duty crime investigation in different criminal cases and trial abuse,unauthorized parties beyond the jurisdiction objection,the investigation of the lack of supervision system in other place.Procuratorate and court cohesion is not smooth,adverse to improve judicial efficiencyThe third chapter study of continental law system and Anglo-American law system countries beyond the jurisdiction system.Reference for developing more perfect legal provisions of the state under the rule of law,such as the United States,Britain,France,Germany,Japan and other countries in terms of different jurisdiction are relatively perfect law,the practice of these countries for reference,to perfect our country criminal prosecution in foreign jurisdiction system is very useful,can further promote the perfection of law in China.The fourth chapter consummates our country duty crime beyond the jurisdiction system proposed own view.Should improve the long-distance detection system of legislation,improve the long-distance trial law,to ensure the legal procedure,in the jurisdiction of the law clearly beyond the object at the same time.Establishment of the duty crime investigation jurisdiction of foreign supervision system,to improve the procedures of different ground investigation,and explicitly specify different ground investigation of different ground reconnaissance units designated jurisdiction subject and standards.At the same time,improve the mechanism of the different ground investigation evidence collection,reduces costs of different judicial investigation.Ought to be specified by the judicial organ to determine the standard,specification different trial jurisdiction of initiator,given the right of jurisdiction objection and the designation of jurisdiction right the parties,improve the long-distance trial in the local legal publicity and education,we will improve the mechanism of different ground of the trial and investigation of foreign cohesion.