Research On The Problem Of Designated Jurisdiction In China's Criminal Procedure

In our criminal procedure,designated jurisdiction exists as a kind of special jurisdiction.Although it is a breakthrough of legal jurisdiction,it has its own unique jurisdiction function.The designated jurisdiction is the jurisdiction problem that can not be solved by the case handling organ according to the legal jurisdiction of our country.According to the law,the types of cases regulated by the designated jurisdiction mainly include: Cases with positive or negative disputes in jurisdiction and cases where the court with jurisdiction is not suitable or unable to exercise jurisdiction.Based on the experience of Chinese and foreign legislation and the judicial practice of various countries,this paper puts forward suggestions for the legislation and judicial practice of our country from the perspective of the problems existing in the designated jurisdiction in criminal proceedings,so as to make up for the shortcomings of the designated jurisdiction in criminal proceedings and promote the development and improvement of the designated jurisdiction.The paper is divided into four parts,First of all,according to the legal provisions of our country,the concept of designated jurisdiction in criminal procedure is introduced,and the experience of legislation and judicial practice at home and abroad is summarized and analyzed.According to the different classification standards,it is divided into case designated jurisdiction and class case designated jurisdiction,duty crime designated jurisdiction and non duty crime designated jurisdiction.And through the comparison with relevant systems to highlight the necessity and feasibility of designated jurisdiction.Secondly,the problems in the application of designated jurisdiction in legislation and judicature are analyzed by collecting data from many parties.The main problems in legislation and judicature are as follows: the application of designated jurisdiction is not standardized,the parties do not have the right to apply for designated jurisdiction,the lack of corresponding jurisdiction objection system,the lack of corresponding relief channels,etc.Thirdly,it mainly introduces the designated jurisdiction system and related systems of different legal system countries.For example,reference to the designated jurisdiction system,jurisdiction objection system,application for designated jurisdiction system of civil law countries;reference to the system of causeless avoidance and jurisdiction objection system of common law countries and regions.And it also discusses the Enlightenment of combining relevant legislation and practical experience to our country.Finally,in order to further improve the designated jurisdiction in China's criminal procedure,the corresponding countermeasures are put forward based on the study of the existing problems in China's legislation and justice.