Research On The Change Of Criminal Jurisdiction System

The change of jurisdiction system in our country confront so many difficulties in legislation and judicature.In the aspect of legislation,there are mainly the following deficiencies:the Supreme People's Procuratorate and the Ministry of Public Security break through the law in their respective interpretation provisions,and stipulate that the content of the change of jurisdiction go against the principle of procedural legality;the unclear situation of application of the change of jurisdiction system;The application of the change of jurisdiction is decided by the public power organ unilaterally,and the parties are not given the right to advise on the jurisdiction objection;The delayed criminal proceedings is caused by the recalculation of the time limit after changing jurisdiction,which go against the concept of procedural justice and infringe on the legitimate rights of the parties.In the aspect of judicature,the imperfect legislation makes our country change of jurisdiction system also occur many problems in the application:the application of the change of jurisdiction is too arbitrary or too harsh;the parties' jurisdiction objection are not respected;the determination of jurisdictional units is more arbitrary;the connection mechanism of the change of jurisdiction is not perfect;the change of jurisdiction is lack of mandatory norms at the stage of trial supervision.With the promulgation and implementation of the supervision law,the application of the change of jurisdiction between the supervisory organs of various localities and various levels is involved in the supervision Law,and the connection between the supervisory organ and other organs in the change of jurisdiction also need to be paid attention to.The existentialproblems in the legislation and judicature of the criminal procedure law are also reflected in the supervision law.Therefore,in order to perfect our the change of jurisdiction system,we should adopt the way of legislation as soon as possible,perfect stipulation of the change of jurisdiction in the criminal procedure law and the supervision law.We should draw a clear distinction between the change of jurisdiction and the designated jurisdiction in legislation;clarify the scope of application of the change of jurisdiction;Stipulate the provision of the change of jurisdiction of the Supreme people's Procuratorate on judicial interpretation and the provisions of the Ministry of Public Security in the Criminal procedure Law;clarify the starting procedure of the change of jurisdiction;standardize the operation procedure of the change of jurisdiction;perfect the connection mechanism of the change of jurisdiction;perfect the jurisdiction of criminal retrial case;add objection to jurisdiction system and establish procedural sanction mechanism.At the same time,the author advise to give some corresponding supporting measures,including the addition of "personal jurisdiction" clauses,the strengthening of the procuratorial supervision of criminal jurisdiction,the guarantee of judicial independence,and the promotion of the materialization of the trial.