A Study On Dissenting System Of Jurisdiction In Criminal Proceedings

As the entrance of criminal procedure,the jurisdiction system of criminal procedure plays an important role in guaranteeing due process,maintaining social fairness and justice,and allocating judicial resources reasonably.In the criminal procedure jurisdiction system,the basic procedural relief right of giving the parties jurisdictional objection has been clearly stipulated in the criminal procedure laws of all countries in the world.In China's Civil Procedure Law and Administrative Procedure Law,a relatively complete system of jurisdictional objection has been established.However,in the criminal procedure law concerning citizens' lives and freedoms,the system of jurisdictional objection is in a state of absence,which is different from the international trend and is not in harmony with other laws within the legislative framework of our country.Through searching the Chinese Judicial Documents Network,the author finds that there are a large number of vivid cases in judicial practice in which the parties of criminal cases raise objections to jurisdiction.In 2018,lawyers in the case of "nanny arson" withdrew from court halfway,and defendants in the case of "Wang Chengzhong's civil wrongdoing judgment" shouted hoarsely at the jurisdiction objection in court,all of which confirmed that legislative blanks do not reflect the true face of the judicial level,which has emerged in a large number in judicial practice.In judicial practice,due to the lack of legislative support,some parties in criminal cases can only rely on the avoidance system to make an application for "collegial panel members or the overall avoidance of the court".In view of this situation,the court in question either directly rejects the application on the grounds of no basis of law or submits it to the superior court for designated jurisdiction.Whether it is designated jurisdiction or the above-mentioned ways of response are all lack of restraint and relief,and reveal a strong sense of authority,administrative order color,directly excluding the legitimate litigation rights of the parties.However,it is noteworthy that in recent years,there have been several cases in which judges solve the jurisdictional objections of the parties by means of separate adjudication,and give the parties the right of appeal against the adjudication.This is undoubtedly a pioneering work.It also fully demonstrates that the construction of the system of criminal procedure jurisdictional objection in China is not lack of beneficial practice and soil.In order to maintain the systematicness and coordination of legislation,the construction of jurisdiction objection system in criminal procedure in China should be different from that in foreign countries,which only aims at the jurisdiction objection at the trial stage.The object of the parties' objection to jurisdiction should be either the judicial organ or the investigative machine.Customs,examination and prosecution organs.In order to ensure the effective operation of the system,we should consider and design the starting procedure,adjudication procedure,relief procedure and the validity of the original action after the establishment of the objection.In addition,we should also establish the prevention mechanism of abusing the objection system of criminal procedure jurisdiction and improve the relevant supporting measures.