Review And Reconstruction Of China's Military Criminal Procedure Jurisdiction System

The jurisdiction system of military criminal procedure is a basic problem in the field of military justice.With the adjustment of military system in recent years,and the increasing number of non war military tasks,the military criminal procedure jurisdiction system is facing many new situations.To meet our military problems in the judicial practice,should be based on the process of legal construction in our country,the difference between the usual design and criminal litigation system in wartime,in order to meet the needs of the judicial practice.This article attempts to discuss the military criminal procedure jurisdiction system through five parts.The first part is an overview of the military criminal procedure jurisdiction system.The jurisdiction of the military criminal procedure is a special jurisdiction,the subject of crime is the basis for the division of identity of military criminal jurisdiction and ordinary criminal jurisdiction,criminal subject status is an important factor to divide the jurisdiction of military criminal procedure level,scope of war or emergency military criminal jurisdiction has enlarged.The second part combs the legislation of the foreign military criminal procedure jurisdiction system.There are great differences in the jurisdiction system of military criminal procedure in various countries.Generally,they can be divided into two forms: unified mode and discrete mode.The legislation and Enlightenment of the United States,Russia,Korea and Germany are introduced respectively.The third part reviews the historical evolution of China's military criminal procedure jurisdiction system,as well as the current legislation.From four aspects of function jurisdiction,level jurisdiction,regional jurisdiction and special jurisdiction,the practice of China's military criminal procedure jurisdiction system is introduced.The fourth part analyses the problems of our country's military criminal procedure jurisdiction system.Mainly in peacetime and wartime jurisdictional boundaries are not clear,the scope of jurisdiction provisions are inconsistent,the military cases involving jurisdiction conflicts,foreign jurisdiction,and restricted the investigation jurisdiction jurisdiction does not correspond to the problems mentioned above,because of the lack of theoretical research,the lack of uniform legislation,the transformation of the military influence.The fifth part,from the two aspects of peacetime and wartime,put forward legislative proposals to improve our country's military criminal procedure jurisdiction system.The usual military jurisdiction of criminal litigation system recommendations include further clarify the personal jurisdiction scope,to establish the rank of leading level jurisdiction,protective jurisdiction of foreign exploration in non war military operations;the jurisdiction system of criminal procedure in wartime suggestions to adjust the position of jurisdiction of division of labor,lower levels of jurisdiction,increase crime jurisdiction.