On The Jurisdiction In Other Places In Criminal Procedure

"Beyond the jurisdiction of criminal procedure" broke the criminal procedure law in China to the general rules of jurisdiction of criminal cases,to eliminate the legal venue for investigation,prosecution or trial may produce negative effects,for the realization of the criminal litigation both entity and procedure fair and regional under the legal jurisdiction of the case to a specialized organ pipe.In the field of criminal procedure in China,it was in 2012 that the "jurisdiction in other places" was explicitly stipulated for the first time.According to the second paragraph of article 42 of the Criminal Procedure Law,if the defender is also likely to be involved in a criminal case,the investigation of the case shall not be entrusted to the investigation organ that he is in charge of,but shall be handled by another investigation organ.In the field of criminal procedure in China,the most cases that apply the mode of "jurisdiction in different places" are official duty crimes.Since the "Muma case" in Liaoning Province in 2001,it has been the most common phenomenon in China to carry out "jurisdiction in other places" for fallen senior officials,and even the "jurisdiction in other places" mode has become a normative action for lower-level officials to commit duty crimes.However,the types of cases that adapt to the mode of "remote jurisdiction" are still limited,mainly focusing on the two types of "possible grievance cases of serious miscarriages of justice" and "implicated cases".Due to the lack of systematic and general norms of "remote jurisdiction" in the field of criminal procedure,the practice standards of different regions and different judicial organs are not consistent.In judicial practice,"jurisdiction in different places" has problems such as difficulty in obtaining evidence in different places,high judicial cost and lack of supervision.Therefore,the application of "remote jurisdiction" in criminal proceedings needs to be improved in terms of legislative norms and judicial application.This paper includes five parts: The first chapter is an overview of "remote jurisdiction".This chapter mainly introduces the definition and nature of "remote jurisdiction",and sorts out the relationship between remote management,avoidance and designated jurisdiction system.The second chapter mainly discusses the legal and theoretical basis of criminal procedure jurisdiction in different places.The third chapter is the basic application of "remote jurisdiction" in different cases.The fourth chapter is the analysis of the existing problems of "jurisdiction in different places" in criminal proceedings.The fifth chapter focuses on the current situation of "remote jurisdiction" in China’s judicial practice,and improves the "remote jurisdiction" in China’s criminal procedure by referring to the relevant system provisions of some major countries and regions.