Study On The Designation Of Jurisdiction Under The Principle Of Lawful Judge

In Germany,the principal of lawful judge is a constitutional principal,this principal requires that the courts of jurisdiction and the presiding judge of the lawsuit must all be determined in accordance with the norms of law,but not according to the will and ideas of individual person;The purpose is to prevent litigation cases from being affected by other irrelevant factors in the referee process,especially through the selection or specificity of the courts and judges who are in charge of the jurisdiction,thus affecting the results of the referees.Although the principle of lawful judge is rooted in Germany,it is in line with the basic concept in our criminal procedure law.We can learn and draw on the spirit of the principle,which will help our country to reform and improve the designated jurisdiction system.In the implementation of the principle of lawful judge,it requires that the statutory laws and regulations formulated by the legislator should be preliminary,general and specific.In simple terms,it means that the jurisdictional laws and regulations should clearly and concisely describe all situations and have no retroactive effect.At the same time,the jurisdictional norms under the principle of lawful judge should preclude the intervention and influence of administrative power;in the determination of the jurisdiction of the case,the judiciary should strictly follow the laws and regulations of the jurisdiction and the logic,and forbid the “arbitrary”interpretation and application of the jurisdictional norms.Examining the system of designated jurisdiction of civil law countries,we can find that it can better implement the concept of the principle of lawful judge.The designated jurisdictional standards formulated by it do not only have generality and certainty,but also can well exclude the interference of administrative power and limit the “arbitrariness” of the judiciary.Specific to the characteristics of the designated jurisdiction system,this paper believes that it can be summarized into four aspects:the specified jurisdictional norms are general and clear;the designated jurisdiction is“court-centered”;the prosecution and the defense have a high degree of participation in the determination of the designated jurisdiction;Designated jurisdiction to form a "no trail without complaint" program start method.In our country’s judicial practice,the designated jurisdiction has been increasingly used for duty crime cases.However,whether it is in the formulation of thedesignated jurisdictional norms,or in the exclusion of the interference of administrative power,the restriction of judicial interpretation and the application of designated jurisdiction,there is a certain gap between the requirements of the principle of lawful judge.The main problem in China’s designated jurisdiction system is that the applicable circumstances of the designated jurisdictional norms are not general and clear;the Supreme People’s Procuratorate and the Ministry of Public Security interpret the designated jurisdictional norms “indiscriminately”;the legal norms that determine the designated jurisdictional courts are lacking;Subject to the jurisdiction of investigation and prosecutorial designation,the lawful judge is threatened by the administrative power;the designated jurisdictional behavior is administratively strong and lacks the rights of objection.Combining the requirements of the principle of lawful judge and the designated jurisdictional norms of the civil law system,this paper puts forward some suggestions for the improvement of the designated jurisdiction system in China.It mainly includes:perfecting the applicable situation of the designated jurisdictional norms;formulating how to determine the legal norms of the designated jurisdiction;the court should be the main body of the exercise of designated jurisdictional powers;increasing the prosecution and the defense parties participation in the determination of the designated jurisdiction and granting the suspects and defendants People have jurisdiction over objections.The purpose of these measures is to rule out the manipulation of administrative powers and judicial powers over designated jurisdictions and protect people’s right to accept lawful judges for trial.