On The Stage-specific Jurisdiction Of Criminal Cases Involving Administrative Acts In China

With the continuous development of economy,the administrative functions of local governments are expanding,the number of administrative acts is increasing rapidly,and the number of criminal cases involving administrative acts is increasing.Especially in the criminal cases caused by administrative acts,as an important fact component of the whole criminal case,the administrative acts involved in the case are usually the important factors that lead to criminal cases,but as the trigger of criminal cases Factors obviously belong to the important facts of conviction and sentencing.In the process of criminal proceedings,according to the principle of comprehensive review,it is necessary to accept the court review.The court makes the final legal evaluation of the administrative acts involved.In the process of such criminal cases,the examination and evaluation of the legality and obvious impropriety of administrative acts will become an important factual basis for the conviction and sentencing of the defendant.Whether the administrative acts are legal and obvious impropriety is often the focus of the counter debate between the prosecution and the defense in the trial of the case,and whether the judicial organ,as the representative of the state for public prosecution and trial,can exercise the procuratorial power fairly and independently And the judicial power,to a great extent,is affected by the administrative organ that makes the administrative act.In the current environment where the judicial organ is still independent and administrative in terms of people,property and things,and still under the control and influence of the administrative organ,it is difficult to avoid the phenomenon of administrative interference in the judicial process,or even leading the judicial process,resulting in the case not being handled fairly and strictly Serious damage to the procedural rights of the criminal defendants,resulting in the decline of judicial credibility,the voice of social disharmony.Therefore,the determination of the jurisdiction of criminal cases involving administrative acts directly affects the fairness of the examination of administrative acts.In the special criminal cases involving administrative acts,the examination of administrative acts has the nature of administrative proceedings,which is equivalent to administrative proceedings.In order to avoid the judicial interference and improve the judicial credibility,it is necessary to implement the system of different jurisdiction in this kind of criminal cases and give the defendant(criminal suspect)the right of objection to jurisdiction.It will play an important role in the judicial practice,and it is also an important content of the judicial de administration.However,in view of the timeliness and urgency of the work in the investigation stage of special criminal cases involving administrative acts,it is not practical to implement the whole process of different jurisdiction from the investigation stage.At present,although the pilot work of cross administrative district procuratorate centralized jurisdiction system reform is being carried out in our country,there has been no progress in the implementation of the pilot work for many years.Because the reform work involves a huge project system construction,there is a long way to go.Under the current situation that it is difficult to fully implement for a while,we should creatively use the model of staged and different jurisdiction by considering various practical factors It is an effective way to solve the jurisdiction and objection disputes of a large number of special criminal cases involving administrative acts.At the same time,it is a necessary preliminary attempt and preparation to establish the objection system of criminal jurisdiction in an all-round way.