The Jurisdiction Of The Criminal Involvement System Research

Criminal jurisdiction system is the premise of the criminal procedure,not only affected the structure of action,and regulate the procedure.The jurisdiction of the criminal involvement system,as an important part of the system,the lack of it has caused many criminal cases cannot be solved successfully.The jurisdiction of the criminal involvement system involved in the whole case,through investigation,prosecution and trial process.It related to the division of powers and duty to fulfill of the public security organs,investigating and prosecuting apparatus,courts and other functions.And,it weigh the litigation interests in specific cases.This system conforms to the principle of litigation economy,maintain the judicial authority.Among the criminal lawsuit of our country,due to the long-term lack of criminal involvement jurisdiction system,it leads to the judicial authority conflict,procedure delay,judicial resources waste,litigant participant rights restricted and other kinds of problems.Therefore,the jurisdiction of criminal involvement system research has important significance in theory and practice.In addition to preface and epilogue outside,this text consists of three parts,a total of about thirty thousand words.The first part is the jurisdiction of the criminal involvement system overview.This part cleared criminal involvement jurisdiction as the basis of depth study,combined with the demand for judicial practice in involvement cases,probed into the legal theory of jurisdiction of the criminal involvement system,and described the meaning of jurisdiction of the criminal involvement system.The jurisdiction of the criminal involvement system defined as covering the criminal litigation process,which is based on filed jurisdiction,the jurisdiction of the level and regional jurisdiction.The multiple cases should be accept or trial by different authority,but the case has the intrinsic relationship and deal by pecific organ to investigate,prosecute and trial.Combined with the concept and significance of criminal jurisdiction system,this system involves a series of procedure and legal relations to coordination,this system has legal basis and practical basis in our country,theorists and the practical realm shall strengthen research of the jurisdiction of the criminal involvement system.The second part probes into our criminal involvement cases on current situation.First elaborated the reflection of the criminal involvement jurisdiction system in our country’s law system.Analyse the involved part in our country’s jurisdiction of the case,jurisdiction of the level,and district jurisdiction.Based on the research of our law,we know that we don’t have the jurisdiction of the criminal involvement system,but our rules provide relevant regulations to the jurisdiction cases more or less.Secondly,this article used typical judicial cases to analyze how the organs work in cases of a man sin number,number one joint crime and more complex crime,summed up these science,stable and consistent practice and gave suggestions for legislation.In the judicial practice problems,if there is no unified handling of the problems in further research,I strive to find proper solutions.Again,to our country law and judicial practice as the foundation,analyse defects of our country’s criminal involvement jurisdiction system.Criminal involvement case processing in our country has problems of absence of legislation,judicial interpretation unauthorized,the case type general provisions un-clear,problems such as unreasonable and so on.The third part puts forward the reasonable suggestion to construct our country’s criminal involvement jurisdiction system.Criminal involvement jurisdiction system include the entity elements,the procedure requirements,applicable rules.I reference the legislation in Germany,France,Japan,Italy,China’s Macao and Taiwan,and the Chinese scholars about the jurisdiction of the involved entity elements,they think that the entity elements shall be:(1)a man sin number;(2)joint crime;(3)several people at the same time in the same respectively to crime;(4)joint crime of criminal suspects,defendants also carry out other crime;(5)and its related perjury,shield,harbors,nuisance testimony sin;(6)several criminal suspect or defendant implement the crime,that there is a connection to find out the facts of the case.The applicable program requirements include:first,the general court and special court jurisdiction shouldn’t be involved;Second,a case include private prosecution and public prosecution can’t be involved;Third,criminal litigation stage must be the same.The applicable rules shoule include rules in investigation stage,stage of prosecution and trial,and investigation stage application rules should consider if the rules are beneficial to find out the main criminal facts,whether to accept the judgment at convenience or not,whether for the procedure in the whole advancement.Trial stage application rules focus on the defendant litigation rights,case evidence and the consistency of the case.