On Across The Administrative Jurisdiction System Of Duty Crime

"Duty crime jurisdiction across administrative divisions" means,in order to prevent local party and government power and suspects suspected of duty crime,the defendant has a negative effect on the fairness of investigative activities and trial activities by the use of karmic relations,and then,by the different procuratorates,The court on behalf of the investigation,prosecution and trial of a criminal jurisdiction system.From the experience of extraterritorial law,although there is no direct regulation on the cross-administrative division of duty crime cases,from the perspective of its judicial system,more or less reflect the characteristics of local administrative divisions and judicial divisions.Precisely in order to prevent the local power of judicial independence,the negative impact of justice.In the United States,for example,the United States is often used outside the system of civil juries outside the exercise of the right to investigate crimes of duty,and in the trial session,the US Constitution to clear the central and local jurisdictions jurisdiction,effectively prevent Local Protectionism.The significance of cross-administrative jurisdiction is that the Procuratorate and the Court can exercise the investigative and judicial powers impartially,so as to protect the judicial investigators from local power coercion while realizing the procedural benefits of judicial cases.From the historical development of the jurisdiction of cross-administrative division of duty crimes,the eight-point system in the Wei-Jin period and the system of reconciliation in the Song Dynasty,though its essence is to maintain the feudal monarchy and the feudal hierarchy,Can reflect the local power to interfere with the judicial "rule of law" spirit.In the modern sense,the jurisdiction of cross-administrative division of duty crimes began in 2001,and the main officials involved in the case were mostly handed over to the people’s procuratorates and people’s courts outside their localities.However,from 2001 to 2016,fifteen years,the crimes committed by the off-site People’s Procuratorate,the People’s Court jurisdiction,there is no direct provision in China’s legislation.In the judicial practice,often through the higher people’s procuratorate,the people’s court designated subordinate People’s Procuratorate,the people’s court jurisdiction in order to achieve duty crime jurisdiction cross-zoning.There is a lack of clear legal basis,unclear subject of jurisdiction,infringement of the legitimate rights and interests of the suspect or the defendant.To this end,in December 2014 the central began in Beijing,Shanghai,the implementation of cross-administrative division of the People’s Procuratorate,cross-administrative division of the trial of the people’s courts,trying to innovate the jurisdiction of duty crimes,but the reform,there is no breakthrough in the designated jurisdiction Limits,does not fundamentally change the duty crime jurisdiction essence is the judicial system internal power redistribution.The basic principles of the system should be stipulated,the principle of proper separation of judicial division and administrative division,the principle of judicial economy,the principle of safeguarding the human rights of criminal suspects and defendants,and so on,should be carried out in accordance with the basic principles of the system.implement.At the micro level,it is necessary to clearly define the cross-administrative division of the procuratorate in the legislation.The court has exclusive jurisdiction over the duty crime cases.At the same time,the administrative divisions of procuratorates and courts should be separated from the administrative divisions properly.,And cross-administrative division of the Procuratorate,the court should have two levels of institutions set;In addition,in order to protect cross-administrative division of the Procuratorate,the court jurisdiction in the jurisdiction of criminal cases,both efficiency and human rights should be clarified and optimized cross-administrative division Procuratorate,the Court and the discipline inspection departments Improve the design of coercive measures to give the suspect or the defendant jurisdiction over the right to objection and the right to apply for custody of the need for review.Finally,it is not unimportant that the NPC Standing Committee should set up a special body to supervise the judicial power of procuratorates and courts across administrative divisions.