Chinese Model Of Centralized Jurisdiction Of Criminal Cases

In recent years,there have been frequent attempts to centralize jurisdiction in China’s criminal justice practice.Centralized jurisdiction of criminal cases is a way for superior judicial organs to change the legal level of jurisdiction or the legal territorial jurisdiction,to concentrate a particular type of criminal case to a certain or some specific judicial organs for jurisdiction.The system of centralized jurisdiction of criminal cases is created by judicial personnel in our country according to the actual situation in the region and has different manifestations in different areas and different types of criminal cases.It is necessary for exploring the development direction of centralized jurisdiction to summarize the commonalities of centralized jurisdiction through research models and to compare and analyze the advantages and disadvantages of different models.Judicial personnel believes that the centralized jurisdiction system for criminal cases has institutional functions such as integrating litigation resources and enhancing the professionalism of case-handling organs.But,according to the requirements of the principle of procedural legality,the application of centralized jurisdiction must answer the question of what is its legal basis.In practice,there are two ways to achieve centralized jurisdiction: the case-by-case change jurisdiction model and the unified change jurisdiction model.These two modes are very like a designated jurisdiction,thus,to answer the question about the legal basis of centralized jurisdiction,it is necessary to distinguish the relationship between centralized jurisdiction and assign jurisdiction.Assign jurisdiction to adjust the jurisdiction of individual cases as its institutional goal,which determines that it is incompatible with centralized jurisdiction applicable to types of cases.The essence of centralized jurisdiction is a predetermined jurisdiction.So,it should be implemented on the basis of obtaining legal authority under the requirements of the "The Legislative Law of the People’s Republic of China".Compare the centralized jurisdiction system for criminal and administrative cases in China,as well as various authorization modes in the centralized jurisdiction system for criminal cases in France,and combine factors such as the pursuit of stability in the law,and the vast territory of China.The future development direction of China’s centralized jurisdiction system for criminal cases should be stipulated in the Criminal Procedure Law,and the Supreme People’s Court should be granted the power to approve specific implementation plans.With the development of the times,the position of the principle of the convenience of jurisdiction in criminal proceedings has decreased.Due to the need to discover the truth of the case and the impact of the "approach to justice" movement,the breakthrough of the centralized jurisdiction system in the principle of the convenience of jurisdiction must be measured by value,and centralized jurisdiction cannot be applied to criminal cases where there is no need for concentration.We should adhere to the concept of applying the centralized jurisdiction system to a limited extent,and the core criterion for judging whether a certain type of case is within the scope of application is that it has the characteristics of being professional or having factors that may affect judicial fairness.Criminal proceedings have pre-trial procedures that are not available in administrative proceedings.In the centralized jurisdiction system of criminal cases,there exists the problem of transferring cases between specialized national organs that are unique to criminal proceedings.Limited by the "integration of arrest and prosecution" case handling mechanism,the operation of legal supervision power,and the jurisdiction framework centered on trial jurisdiction established by.China’s current law,and common modes in practice do not operate smoothly.For example,the mode of direct transfer of cases by public security organs,the mode of transferring cases from procuratorial organs to procuratorial organs at the same level,the mode of public security organs transferring cases to different procuratorial organs,the mode of transferring cases from the court to the court has shortcomings.A full process centralized jurisdiction model should be established,which is to apply the centralized jurisdiction system from the investigation stage.