Study On The Change Of Jurisdiction System Of Criminal Trial

Trial in criminal lawsuit jurisdiction refers to the scope of their functions and powers of the people's court in criminal case of first instance activities,including not only the division of authority between the different levels of the people's court trial,also includes the people's court at the same level,and between specialized on trial jurisdiction between the court and common court.So,under the jurisdiction of the trial system to solve the problem is that when a criminal case happens,after investigation and prosecution phase,specific to undertake the first trial activities of what a court.As the beginning of criminal trial,trial jurisdiction is of great significance to the whole criminal proceedings.The legal jurisdiction system of criminal procedure in our country determines the court of first instance through the level and region,which can reasonably allocate the case to the court.But in some special cases,the original legal jurisdiction of the court cases can lead to can't get a fair trial or serious impact on the judicial efficiency,so this time is the need for flexible processing,and the purpose of this is what sets the jurisdiction system.Throughout the world,the system of criminal procedure has been perfected in many developed countries,and there are still many defects and deficiencies in China's current change of jurisdiction system.Among them,the relevant provisions of the criminal procedure law are not detailed enough,and the operability is not strong,which also includes the lack of further detailed judicial interpretation.Therefore,the criminal trial change jurisdiction system needs to be further perfected.After explaining the theory,analyzing the defects of the present system and its forming reasons,this paper puts forward its own ideas.First,change the jurisdiction refers to the special circumstances of the legal jurisdiction of the original system,the originally belong to the legal jurisdiction of the court of first instance cases through legal procedure to transfer to another a court trial system,its essence belongs to the redistribution of the jurisdiction of criminal cases of first instance.In terms of status,the change of jurisdiction system is the flexibility and supplement of the statutory jurisdiction system.The change of jurisdiction system is a necessary complement to the avoidance system,which plays an important role in guaranteeing judicial justice and safeguarding human rights.Secondly,the factors that apply to the change jurisdiction system are also varied.In the change jurisdiction,we mainly consider the nature and influence of the case,the trial environment of the case,the established investigative jurisdiction,and the judicial power and judicial resources.In the face of these special cases,the original legal jurisdiction it is difficult to guarantee the judge in the neutral position,so we need to change the established jurisdiction,make trial under the environment of a objective and fair.Thirdly,the change of jurisdiction system plays a very important role in practice,but its defects and deficiencies are also obvious.Among them,the administrative color is too rich,and the application of different places can lead to the decrease of judicial efficiency and the waste of judicial resources.However,it is also obvious that the specified jurisdiction is lack of parties involved,single application type,unclear jurisdiction relationship and unclear reasons.On the one hand,the laws of criminal law are too vague,and the other is due to the lack of detailed judicial interpretation.Finally,from the guarantee of judicial justice and protection of human rights as the core,adopt the legislative approach,improve and refine the existing system of ambiguous places.To change the jurisdiction system exposed defects and problems in the judicial practice,to improve and modify,modify the terms of the inconsistent with the constitutional spirit,the relationship between jurisdiction and the jurisdiction of the trial clear investigation,detailed start change the conditions of the jurisdiction,refactoring change under the jurisdiction of startup mode,ensuring the defenders to participate in such aspects as put forward its own opinion,and from the perspective of the prosecution and the defense perspective respectively,to improve their rights to participate in the designation of jurisdiction procedure,establish the corresponding relief program,better play to the role of the change of jurisdiction.