A Probe On The Application Of The Remote Jurisdiction Mode In Criminal Cases

The "off-site jurisdiction" of criminal cases breaks through the principle and general provisions of the Criminal Procedure Law of the People's Republic of China on the local jurisdiction,and is subject to investigation,prosecution or judicial organs other than statutory jurisdiction.The main purpose is to get rid of local investigation,Prosecution,trial or retrial review process on the outcome of the case may have adverse effects on the factors,in order to achieve the criminal proceedings substantive and procedural fair dual purpose.Article 42(2)of the Criminal Procedure Law of 2012,on the choice of the investigating authorities concerned with the suspected criminal cases,clearly stipulates that the investigation shall be carried out by the investigating organs in different places,which shall create a field of " The first direct and clear provisions.Officials,especially senior officials,are the main targets of "off-site jurisdiction".The implementation of the "off-site jurisdiction" of the Lok Ma high officials is a relatively stable judicial practice since the "Mu Ma case" in Liaoning Province in 2001.Non-official duty crime cases may also apply to "off-site jurisdiction",in 2013,"Bo Gukailai to kill Neil Wood" case that is non-official non-duty crime to apply "remote jurisdiction" typical case.At present,the Supreme People's Procuratorate is drafting the "People's Procuratorate Criminal Appeal case off-site review provisions",the draft clearly put forward the "serious injustice wrong case may be appealed to the case." However,China's "Criminal Procedure Law" and the relevant laws,judicial interpretation is not for the "remote jurisdiction" to make a principle,the general provisions of the practice standards are inconsistent.At the same time,the implementation of "remote jurisdiction" will lead to the increase of judicial cost and the decrease of litigation efficiency.Therefore,the application of the "remote jurisdiction" of criminal cases in our country needs to be further improved in the future judicial practice.The article includes the introduction,the text(a total of four chapters)and the conclusion of three parts:The first chapter is the introduction part,which mainly discusses the research background,the research method and the expected effect of the article.The second chapter is the summary of "remote jurisdiction".This chapter mainly discusses the concept,characteristics and nature of "remote jurisdiction" and the relationship between "remote jurisdiction" and "avoidance" and "designated jurisdiction" of criminal procedure.Chapter 3 is the basis of " The applicable object and applicable conditions of the "remote jurisdiction".This paper mainly discusses the main application of "remote jurisdiction" in judicial practice and the specific application conditions for different applicable objects.The fifth chapter is the application procedure of "remote jurisdiction",which mainly combines the present situation of "remote jurisdiction" in judicial practice Problem,draw on some of the major countries and regions of the relevant system requirements,put forward the actual situation for the solution.