On The Determination Of Crime Place In Regional Jurisdiction

At present,there are many problems in the determination of the place of crime in the criminal procedure of our country.Although the relevant norms of the crime place are becoming more and more perfect,there are still some cases with blank legal provisions of the crime place,and different operations in practice,which is easy to cause the parties to question the result of the determination of the crime place.In addition,there are some irregular phenomena in the process of determining the place of crime.Wrong determination of the type of case and improper application of designated jurisdiction will lead to mistakes in the determination of the place of crime and ultimately affect the regional jurisdiction.When the location of the crime is wrong and the case is not entitled to jurisdiction,there is no special relief system according to the existing provisions of criminal procedure.Jurisdiction is closely related to the litigation interests of the parties.If the case is under the jurisdiction of the authority without jurisdiction,the interests of the parties are damaged but there is no way to relief,which is not in line with the requirements of procedural justice,and is not conducive to the parties’interest in litigation and judgment.Therefore,in view of the above problems the author puts forward targeted solutions by combing and analyzing the relevant norms of the crime place and combining with the relevant cases in practice.The problem of the determination of the crime place has not attracted enough attention in the academic circle and the research is relatively scarce.Therefore,the author hopes to discuss the problem of the determination of the crime place in the regional jurisdiction through this paper,so as to provide ideas for solving the problem of the determination of the crime place in practice.In addition to the introduction,the text is divided into three parts,the full text of more than 30000 words.The first part is to sort out and analyze the existing norms of "crime place".Through the collation of all the current effective norms related to "crime land" it is found that there is a significant trend of expanding interpretation in the norms of "crime land".Based on the background of the introduction of the relevant norms,theauthor analyzes the reasons for the expansion of interpretation,summarizes several characteristics of the relevant norms of the current crime place,points out its shortcomings,and puts forward his own views on how to improve the norms of the crime place in the future.The second part discusses the problems existing in the determination of the crime place.There are several problems in the place of crime:first,how to determine the place of crime has not been mentioned in the relevant norms of the place of crime itself for some special crimes;second,there are non-standard phenomena in the process of determining the place of crime,including differences in the application of law and improper application of designated jurisdiction;third,there is no relief system when the "place of crime" is wrongly determined.The third part is to improve the system related to the determination of "crime place".Take on the previous article,and put forward countermeasures to the problems existing in the determination of the place of crime.At the substantive level,the relevant norms of the crime place should be improved and the provisions of the special crime place should be added;at the procedural level,it is mainly to improve the designated jurisdiction system and build the relief procedure when the "crime place" is wrongly determined--the jurisdiction objection system.Because the provisions of designated jurisdiction are not perfect,it is easy to be inappropriately applied in practice,which affects the determination of the place of crime.In this regard,the author believes that we should improve the system on the basis of retaining the system,clarify the application conditions and improve the application procedures,so as to ensure that the designated jurisdiction plays its due role when the jurisdiction is in dispute;at the same time,China has not established the jurisdiction objection system,and there is no corresponding relief mechanism when the determination of the crime location is wrong,so it is difficult for the defendant to determine the crime location in dispute To solve this problem.Therefore,the author suggests to build the objection system of jurisdiction to solve the actual needs of the defendant.