On The Development And Standardization Of The Designated Jurisdiction System

Designated jurisdiction system has provisions in the three major procedural laws of criminal action,civil action and administrative action,but the provisions are too simple and abstract,and the scope of application is not very scientific.At the same time,it lacks the stipulations of authorization,number of times,procedure,scope and conditions of application,which lead to judicial practice.In practice,the legal provisions concerning designated jurisdiction can not be correctly understood and applied more casually and broadly,and the effect is both advantageous and disadvantageous.Especially with the development of society and economy,the process of national legalization is advancing,social contradictions are diversified,the traditional case jurisdiction system has been difficult to meet the needs of conflict resolution,designated jurisdiction has gradually become a common method to solve trial problems.In judicial practice,not all cases with unclear and controversial jurisdiction are designated by higher courts.The jurisdiction of many cases is not controversial,but in order to achieve better social and legal effects,change the original jurisdiction and reassign jurisdiction,such as the well-known "Tiger" case.The author believes that this is the inevitable result of judicial adaptation to social development.Therefore,this paper combs the practice development and characteristics of the designated jurisdiction system and finds out some new problems,such as the arbitrariness of the designated jurisdiction,the ineffective connection of the public prosecution procedure in the criminal referential jurisdiction,the absence of jurisdictional objection,the increase of litigation costs and the centralized appointment of the jurisdiction court for evidence collection and enforcement.The difficulty is increasing.It also studies the loopholes in the relevant legal provisions of designated jurisdiction and the problems in judicial practice.It also puts forward some superficial suggestions on the standardization of the designated jurisdiction system,such as clarifying the applicable conditions of the designated jurisdiction,perfecting the procedural link between the public prosecution law in the process of the designated criminal jurisdiction,constructing the jurisdiction objection system,and exploring new measures to facilitate the people,so as to play a role of throwing bricks to attract jade.