Cross-district Jurisdiction System Research

Jurisdiction system refers to the general norms of the respective principles and measures that each country sets up in accordance with its own characteristics.China's current jurisdiction is set up in accordance with the early construction of the model,that is,jurisdictions and administrative jurisdictions coincide,but with the rapid economic and social development,the current jurisdiction of the establishment has shown some drawbacks.The Third Plenary Session of the 18 th Central Committee of the Communist Party of China proposed a judicial jurisdiction system to explore the proper separation of administrative divisions and provide a theoretical basis for the separation of jurisdiction and administrative jurisdiction.After the relevant meetings and specifically put forward the establishment of administrative institutions and the separation of the Procuratorate and the court set up.The convening of relevant meetings and the introduction of documents also reflects the exploration of China's exploration and reform of jurisdictions and administrative jurisdictions.Practical circles and theorists on the cross-administrative divisions of the jurisdiction of the issue launched a positive exploration.The documents presented at the central level are not formal legal documents,but they have an important role in guiding realistic judicial practice and pointing out the prospects for justice.The first part analyzes the existing problems of our country's jurisdiction system.China's current jurisdiction is set up with the administrative region coincides with the exploration of the establishment of jurisdictions and administrative jurisdictions to the separation of the judicial path of choice,the judicial independence of the exercise of a very important role.And the separation of judicial power and administrative power should be from a large level of constitutional point of view of a comprehensive analysis.Jurisdictions and administrative jurisdictions are basically coincident with some shortcomings,such as will lead to the localization of justice and other issues should be resolved.The reform of the jurisdiction is the reform of the whole body,the "Constitution" and the "Constitutional Law of the People's Court".The reform has long been a long way forward,and it is necessary to put forward the micro-idea under the guidance of the macro principle and promote the smooth progress of the reform get on.China's jurisdiction in the jurisdiction of the status quo led to the localization and administration of justice,the judicial power is difficult to independently exercise and many other issues,the Constitution on the jurisdiction of the establishment itself has internal contradictions,"Constitution" and "People's Court Organization Law" There is also a certain degree of text conflict,the reform of the jurisdiction,the establishment of jurisdictions and administrative divisions of the cross-zoned jurisdictions are conducive to overcoming the localization and administration of justice,is conducive to promoting the modernization of the rule of law and judicial power Of the independent exercise,but also conducive to the optimal allocation of judicial resources.The second part analyzes the necessity of separation of jurisdiction and administrative divisions.China's current litigation cases are more and more,the judicial demand is also growing,and the judicial power in the process of exercise will inevitably be subject to the localization of justice and judicial administration of the internal changes in the judicial system can not solve this series Complex and profound contradictions.The reform of the judicial system is increasingly crucial.The functions of the judiciary are mainly to exercise judicial power.To resolve disputes through certain referees,the scope of authority is very narrow.Therefore,it is very difficult to solve the problem simply by relying on the reform of the judicial staff.The separation of jurisdiction and administrative divisions is the system guarantee of the fair operation of judicial power.It is the basic essence of the reunification of modern rule of law.It is the inevitable result of judicial review of administrative power and the internal mechanism of judicial science allocation.Realistic requirements.The third part analyzes the feasibility of separation of jurisdictions and administrative regions.To investigate the establishment of the jurisdiction system of Britain,the United States,Germany and China's Taiwan region,to find useful experience,to establish a jurisdiction for cross-administrative divisions of our country,and to administer the jurisdictions and administrative regions of most countries and regions Is separated,even if the jurisdiction and administrative division of the line is consistent,but the district is not the only criterion for the division of jurisdiction,these countries and regions will take into account other factors such as the number of regions,geographical features and other factors to science Setting up jurisdictions,the jurisdictions of these countries and regions have gone through a period of time to slowly mature,and the establishment of our jurisdictions draws on the advantages of these countries and regions to establish our jurisdiction.The fourth part discusses the construction of the administrative jurisdiction system of cross-administrative divisions in our country.In some areas of our country,there are already some practical experiences in the establishment of jurisdictions,and the mature experience of foreign countries and regions is worthy of our reference.The establishment of cross-zoned jurisdictions has the theoretical and practical basis.This paper analyzes the existing problems of the establishment of the existing jurisdiction system from the angle of constitutionalism,and puts forward the establishment of the jurisdiction system of cross administrative divisions through the analysis of the problems.Of course,the establishment of jurisdictions separated from the administrative regions also need to follow certain principles and standards,hoping to establish with our basic national conditions to adapt to meet the characteristics of China's cross-zoning jurisdictional system.The establishment of a cross-zoned jurisdiction system should adhere to the principle of unified central control,the principle of the principle of the separation of principled and administrative divisions,the principle of reunification of principle and flexibility and the principle of judicial convenience.The establishment of cross-zoned jurisdictions in the practice of the specific operation of the jurisdiction of the funds and personnel issues should be protected,the people's congress system on the establishment of the jurisdiction of the issue to improve.