| Whether jurisdiction is lawful and reasonable exercise is related to the due process and justice,litigation efficiency and judgment effectiveness,and is closely related to the protection of litigants’ litigation rights.As a jurisdiction review mechanism,the objection to jurisdiction system can effectively increase the equal confrontation in the litigation process,correct the wrong jurisdiction and unfair trial of the judicial organs,and urge the judicial organs to exercise the judicial power independently by giving the parties the right to raise the objection to jurisdiction when the jurisdictional disputes arise.Many countries outside the region have stipulated the system of objection to jurisdiction in the field of criminal procedure and our country has already established a relatively complete system of objection to jurisdiction in the field of civil procedure and administrative procedure.However,in the field of criminal procedure in China,there is no systematic system of objection to jurisdiction,only the Supreme People’s Court on the application of the "<Interpretation of the Criminal Procedure Law of the People’s Republic of China >" and the documents issued by the Supreme People’s Court have relevant scattered provisions.However,the existing provisions do not endow the parties with the right to raise jurisdiction objection;The subject,cause and time of the objection to jurisdiction are still to be clarified.Procedures for the examination and treatment of jurisdictional objections and the remedy procedures have yet to be established;There is also a risk that the right to jurisdictional dissent will be abused.And in the practice of criminal justice,the parties of some cases often raise objections to the jurisdiction.Therefore,it is very necessary to construct the jurisdiction objection system in the field of criminal procedure in our country.It is feasible to establish the system of objection to jurisdiction in the field of criminal procedure in our country based on the actual demand of judicial activities to the system of different jurisdiction,the basis of preliminary legislation,and the support of mature experience in the system of objection to jurisdiction in civil and administrative proceedings.Therefore,the system of objection to criminal jurisdiction should be constructed from the following aspects.First of all,the system of objection to jurisdiction should be determined at the legislative level.Secondly,it is necessary to delimit the scope of the subject who raises the objection to jurisdiction and endow it with the right to raise the objection to jurisdiction.Furthermore,it is necessary to make clear the causes and stages of raising jurisdictional objections.In addition,we should set up the procedure of examining and handling the objection to jurisdiction and the remedy procedure.Finally,in order to ensure the smooth operation of the jurisdictional objection system and prevent the abuse of litigation rights,it is necessary to set up corresponding supporting systems. |
