Research On The Theory And Practice Of Negativeness Of Criminal Jurisdiction

As an important power in judicial trial,criminal trial power is a kind of state power.Power has its natural expansion.Especially under the influence of interests,the infringement of power is further expanded.Therefore,the exercise of power must be related to the system."Cage" must be clearly regulated and restricted.Unlike the power of executive power as a kind of initiative,the initiation of judicial power should be natural and passive,especially in criminal trial activities,because in criminal trials.The requirements for human rights protection are higher.The criminal trial power should remain modest and passive,whether physically or procedurally.Its exercise should be more normative,and the normative premise is the certainty of the norm,only the entity.The certainty of the procedure can ensure that the exercise of criminal trial power is within a clear boundary,in order to effectively regulate the criminal trial power,to maintain its negation and modesty in the criminal trial process,and to prevent the defendant's legitimate rights and interests from being violated.Achieve litigation justice.Do not ignore the principle,the principle of separation of trial and control,the principle of no penalty for appeal,etc.All the requirements for the exercise of criminal jurisdiction remain passive.However,there are many negative criminal jurisdictions in criminal proceedings in our country,such as criminal trials in trials.The subject's investigation of the evidence,the criminal trial subject's initiative to change the charge or the replacement of the party,the trial supervision procedure,etc.,the initiation procedure of the criminal trial power is simple,and the non-disclosure of the relevant procedure makes the operation of the criminal trial power difficult to be constrained.In terms of system design,entity and procedural legislation,the active exercise of criminal jurisdiction damages the judicial authority,and the number of appeals and prosecution courts' appeals has increased,resulting in a decline in the efficiency of criminal trials and the difficulty in litigation justice.Thisarticleanalyzes the theoretical basis of the negation of the trial power,and summarizes the performance of the criminal trial right in China in criminal trial activities.It mainly includes the criminal prosecution tendency of the trial in the trial of the first instance,which is manifested as the criminal trial subject.The arbitrariness of the crimes prosecuted by the procuratorate,the arbitrariness of the investigation of the judge's out-of-court evidence,the interrogation characteristics of the criminal trial power in the trial of the second instance,the criminal trial subject in the trial supervision procedure initiated the retrial,and analyzed and summarized the criminal trial power.On the basis of negative causes,we conduct research and analysis on the regulation of criminal trial power in other countries or regions,and draw relevant experience and measures,and then put forward suggestions for overcoming the negligence of criminal jurisdiction in China,including the first trial.The court changed the crimes strictly,restricted the investigation of the first-instance evidence investigation,regulated the scope of the comprehensive examination in the second instance,and strictly restricted the power of the court to initiate retrial.In the entity and procedure,the criminal trial power is clearly and reasonably regulated,effectively preventing the criminal trial subject from surpassing the power,affecting the criminal justice fairness,and safeguarding the defendant's legitimate rights and interests.