On Criminal Designated Jurisdiction Of China

System of criminal procedure designated jurisdiction is that when the public security authorities, prosecutors, or the people's courts can not or should not be in the event of special circumstances the exercise of jurisdiction,the superior authority under its jurisdiction designated the lower bodies of unknown cases. Criminal system designated jurisdiction is essentially a change initiated by the public power governing system and a means to resolve jurisdictional disputes, which not only contains the intrinsic value of procedure like procedural justice, also contains a procedure for such litigation efficiency Extrinsic value. In our current judicial practice, senior officials for crimes committed crimes committed in particular has been formed by designated jurisdiction of the practice of handling cases, but the number for non-job-related crimes under the designated jurisdiction is still relatively small. Through the investigation of Criminal Procedure of the designated jurisdiction on the legislative and judicial practice, the writer found that there are many problem on such the start of the main designated jurisdiction, scope of designated jurisdiction, procedures of designated jurisdiction, and the relief system and so on. Through analysis of these issues, the authors try to find the reasons why the system has such problems in the legislative and judicial practice, and thus improve the system of the designated jurisdiction of the criminal proceedings.This paper defines the concept of the designated jurisdiction in criminal proceedings, most of the past scholars look on the designated jurisdiction in the trial phase of criminal proceedings,the authors identified the designated jurisdiction exist in the investigation, prosecution and trial stages of criminal proceedings, and make a contrast with the challenge system and the system of Jurisdictional Dispute, then defines the concept of the system of designated jurisdiction of the Criminal Procedure.On the Legislative, the system of designated jurisdiction has such problems like start of the system single, the scope is not clear, operational procedures confusion, relief system deficit. In judicial practice level, the start is too random, chaotic convergence of different stages of the designated jurisdiction, the validity of the designation of jurisdiction disagreement led to delays in the proceedings, the implementation of the designated jurisdiction chaotic situation.To find out the reasons behind these problems, I re-thinking of the value of designated jurisdiction and made the conclusion of that he current system of designated jurisdiction pay too much attention on the effectiveness of the proceedings but neglect the procedure justice, leading to the existence of these legislative and judicial issues. Therefore, I believe, we should first make the perfection in the value level. If we want improve our system of criminal procedure designated jurisdiction, through a clear priority principle of justice, and the introduction of the concept and the procedural right to appeal the sanctions idea, make basis for the perfection in legislative. After clear of this basic idea issues,the author make perfection of legislative through six aspects which are giving the parties the right to apply the designated jurisdiction in criminal proceedings, criminal proceedings specified in the scope of jurisdiction, the validity of the designation of jurisdiction in criminal proceedings, the jurisdiction of the implementation of the specified form of the interface between different stages of the jurisdiction specified mechanism for establishing criminal litigation system in the designated jurisdiction objection.