Conflict And Coordination Of Criminal Case-filing Jurisdiction

Filing a case is the first step to enter the prosecution procedure,and it is the key to establish the jurisdiction of the case to make clear the division of the functional authority between the different subjects.With the introduction of the Supervision Law and the current Criminal Procedure Law,the division of functions of the four major organs of criminal filing and jurisdiction,which are mainly public security organs,procuratorial organs,supervisory organs and people’s courts,has basically formed.However,the conflict of criminal jurisdiction has not been completely resolved,the conflict between private prosecution cases and public prosecution cases is still more serious,and the problem of the competition between procuratorial organs and supervisory organs has followed.The development of the times and the renewal of the law have brought more challenges to the handling of cases by various organs.Many reasons make the forms of criminal jurisdiction conflict increasingly diverse,but this problem has not been paid enough attention to by the academic circles.The conflict of criminal case-filing jurisdiction refers to the phenomenon that,for subjective or objective reasons,the organs compete for the case-filing jurisdiction or the vacancy of jurisdiction among themselves when accepting criminal cases,it is inevitable that we will face the case jurisdiction of the ambiguity or overlapping situation.The author intends to analyze the subjective and objective causes and consequences of the conflict of criminal jurisdiction.According to the different types of criminal cases,the author divides the conflict of criminal jurisdiction into two categories: the conflict between public prosecution cases and the conflict between public prosecution cases and private prosecution cases,and then according to the different subject of conflict,From the point of view of the conflict between public security organs,procuratorial organs and supervisory organs,and the conflict between the three prosecution organs and the people’s court,the manifestation of the conflict of criminal jurisdiction is carefully combed.Finally,through the above analysis,the author summarizes the plan of coordinating the conflict of criminal filing and jurisdiction: first,it is clear that all organs should follow the economic principles of litigation,the principle of safeguarding human rights and the principle of reasonableness and feasibility.The second is to coordinate the conflict between public prosecution cases from three aspects: clarifying the connotation of special subjects,adding legal restrictions to malicious jurisdiction conflicts,and enriching the guiding cases of criminal filing jurisdiction.Third,we should strengthen communication and coordination among the organs and improve the system of jurisdiction consultation in order to better alleviate the conflict of jurisdiction between the organs.