Study On The System Of Designated Jurisdiction Of Criminal Trial

With the advancement of judicial reform and the improvement of the status of rule of law construction,the construction of a clear and standardized legal system has become an unavoidable task in China at this stage.As the subject of case trial---the determination and clarity of the trial organization,but also with the reasonable and proper development of criminal proceedings has a relationship that can not be ignored.Based on this,China has set up a corresponding trial jurisdiction system in the criminal Procedure Law,which provides the necessary guidance for the determination of trial organization.However,subject to the influence of various factors,there are still some shortcomings in the application of the statutory jurisdiction system,which is difficult to fully meet the needs of criminal case trial.Therefore,setting up the system of appointing jurisdiction for criminal trial and adjusting the jurisdiction of criminal trial should be an important guarantee for the operation of China's criminal trial system.Through the investigation and analysis of the existing information of the designated jurisdiction system of criminal trial,it is proposed to study this system from four layers.the first part,the connotation analysis of the criminal trial designation jurisdiction system.Through the elaboration of the basic concept and historical evolution of the designated jurisdiction system of criminal trial,this system is introduced as necessary.Then,relying on the relationship between the establishment of this system and the principle of statutory jurisdiction,the exclusion of external interference and the rational use of judicial resources,this paper clarifies the value of this system.It can also provide a corresponding basis for the application of different jurisdictional systems by distinguishing the jurisdiction of the trial from the centralized jurisdiction and the transfer jurisdiction.the second part,the introduction of the extraterritorial experience and enlightenment of the designated jurisdiction system of criminal trial.Combining with the existing Anglo-American law system,which is dominated by Britain and the United States,and the civil law system represented by France and Germany,as well as the whole and analysis of the trial designation jurisdiction system in the Criminal Procedure Law of Japan,Korea,Russia and other countries,this paper introduces the extraterritorial setting mode of this system.From the perspective of scope of application,subject of participation,applicable procedure,restriction mechanism and applicable goal,this paper studies the possible experience and reference significance of this kind of model.the third part,the analysis of the dilemma of the designated jurisdiction system of criminal trial.Through the statistics,collation and analysis of the legislative documents and judicial cases related to the designated jurisdiction system of criminal trial at this stage,this paper shows the legislative,judicial and restricting situation in the course of the operation of this system.On the basis of combining the contents of concrete cases,the overall operation effect and the comparison with the aforementioned extraterritorial law,this paper analyzes the problems existing in this kind of situation from different levels,and discusses the insufficiency of the operation of the designated jurisdiction system of criminal trial.Part IV,the perfection of the system of designated jurisdiction for criminal trial.Combining with the discussion of the contents of the preceding article,this paper analyzes the clear guiding principles of the system of designated jurisdiction of criminal trial,the perfection of the legislative content,the construction of the operation mechanism and the adjustment of the restriction mechanism,so as to ensure the comprehensiveness and completeness of the problem solving of the system.At the same time,taking into account the needs of other reform measures and the coordination among the various systems of criminal proceedings,this paper discusses the system of designated jurisdiction of criminal trial and the system of designated jurisdiction for investigation and prosecution,the system of centralized jurisdiction,cross-regional trial organization,the hearing system and the coordination and coupling between the system of defense and the application of adjudication In order to achieve the various types of reform measures linked to each other,the effect of common development.China is in the stage of vigorous development of criminal justice reform,in addition to ensuring the realization of the effectiveness of each criminal system reform,but also to give the necessary attention to the play of its overall effectiveness.Taking the system of designated jurisdiction of criminal trial as the focus of research can lead to the achievement of this goal.