On The Construction Of The Objection System Of Jurisdiction Of Criminal Proceedings In China

At present,the criminal opposition jurisdiction dissenting system is not clearly stipulated in China's Criminal Procedure Law,but in the judicial practice of criminal proceedings,the parties often object to the criminal jurisdiction.In this regard,the time for filing an objection is different(investigation stage,review and prosecution stage and trial stage),and the local public security and judicial organs handle differently.Therefore,in order to effectively solve this problem,protect the procedural rights of the parties,and prevent the continuous suspension of criminal proceedings,it is extremely urgent to establish a dissent system for criminal proceedings in China.This paper analyzes and demonstrates the construction of the dissent system of criminal litigation jurisdiction in China through literature research,comparative study of Chinese and foreign countries and empirical analysis.The article is divided into four parts: The first part is an introduction to the criminal opposition jurisdiction objection system.It systematically expounds the concept,nature,classification and theoretical basis of the system,and puts forward its own understanding and viewpoint on the objection system of criminal litigation jurisdiction.The second part is the necessity and feasibility analysis of the system.In view of the necessity,the construction of the system is conducive to the realization of judicial justice,protection of human rights and improvement of litigation efficiency.In addition,China's procedural justice concept has been deeply rooted in people's minds,civil litigation and the improvement of the jurisdictional opposition system of administrative litigation and the urgent need of judicial practice.It provides feasibility for establishing a criminal litigation jurisdiction objection system in China;the third part is extraterritorial criminal A comparative study of the objection jurisdiction system of litigation.It mainly introduces the specific procedures of the criminal law jurisdiction dissent system of the Anglo-American legal system countries and the civil law countries,for example,the United States and the United States in the United States and the United States are relatively perfect in the system,the civil law system The regulations of the countries are relatively fragmented.The author compares the relevant provisions of the system in the civil law countries by summing up,and draws on the advanced foreign judicial experience to provide reference for the establishment of the system in China.The fourth part is the specific design of the objection system of criminal litigation jurisdiction.It mainly combines the experience of the relevant systems of the two major legal systems and the current judicial status in China,and discusses the three aspects of the system from the status,basic principles and system specific design.From the three basic principles of the top-level design system(giving the parties the principle of right to appeal,the principle of hearing procedures and the principle of relief),the author builds the specific details of the system,in order to do its own meager power to establish a criminal lawsuit jurisdiction in China.