An Empirical Research On The Jurisdiction Of Interrelated Cases Between Oversight Authority And Criminal Judicial Organs

The jurisdictional attribution of interrelated cases between oversight authority and criminal judicial organs is a difficult issue in the current field of jurisdiction in China.The correct distribution of jurisdiction over the interrelated cases not only relates to the legal operation of the subsequent corresponding procedures,but also relates to whether the criminal procedural rights of the suspect can be guaranteed.Relevant legal provisions provide a benchmark for empirical research.Article 34 of the " Oversight Law of the People’s Republic of China " and relevant oversight regulations on the establishment of jurisdiction over interrelated cases follow the principle of statutory authority.In general,interrelated cases should be under the "divisional jurisdiction " of between oversight authority and criminal judicial organs;In some cases,the oversight authority can conduct "consolidated jurisdiction" over 14 types of cases under the jurisdiction of the procuratorate.Whether adopting the "divisional jurisdiction " or " consolidated jurisdiction " mode of handling cases,laws and regulations reflect and emphasize the dominant position of oversight authority in the jurisdiction of interrelated cases.From the perspective of practical operation,the empirical analysis focuses on displaying the realistic picture of the jurisdictional attribution of interrelated cases,which is somewhat different from the normative level.Through the study of judicial documents,it is found that: first,different from the requirements at the normative level,in the actual process of handling interrelated cases,it is common for oversight authority to replace public security organization in detecting non official crimes;Secondly,almost all of the crimes that should have priority jurisdiction by the procuratorate are under the jurisdiction of the oversight authority in parallel;Thirdly,in the process of handling interrelated cases,the main method of transferring clues is still one-way transfer from public security organization and procuratorate to oversight authority.The consideration of the current situation promotes the reflection on the practice of jurisdiction over interrelated cases in China.In the jurisdictional practice of interrelated cases in China,there are not only the problems that the jurisdiction of the oversight authority has broken through the statutory scope of authority and expanded to the outside willfully,thus reducing the jurisdiction space of the criminal judicial organs,but also the problems that the suspect’s right to obtain the help of lawyers has been substantially deprived,the right not to be forced to testify against himself is difficult to guarantee,and the case transfer clue assistance is not in place.The practical reasons for the misplacement of jurisdiction over interrelated cases in practice are manifold,mainly reflected in: Firstly,the practical need to improve the efficiency of case handling has led to a tendency for oversight authority to adopt the practice of contracting non duty crime cases together.Secondly,the imperfection of the rules of distribution of jurisdiction in interrelated cases can easily lead to the misplacement of jurisdiction.Third,the lack of sanctions in the lead transfer rules has led to oversight authority unwilling to transfer non duty crime clues from the same subject.Fourth,there is a lack of effective means of jurisdiction supervision,such as the jurisdiction objection rules,to curb arbitrary jurisdiction in practice.Therefore,in order to further regulate the jurisdiction of our country’s interrelated cases,it is necessary to establish a model of our country’s interrelated cases jurisdiction based on the existing rules.For the interrelated cases between oversight authority and procuratorate,the mode of " consolidated jurisdiction " can be adopted for the jurisdiction of interrelated cases with related facts;"For cases where there are no facts related to each other,it is necessary to adhere to the principle of" divisional jurisdiction"under the premise of organizational coordination by s oversight authority.For interrelated cases between oversight authority and public security organization,the form of joint handling of cases by oversight authority and public security organization can be adopted on the premise of abiding by the principle of statutory powers,so as to overcome the shortcomings of " divisional jurisdiction" and give play to the advantages of "oversight authority leading".In addition,it is also necessary to remedy the shortcomings of the applicable rules for the jurisdiction of interrelated cases by stipulating the legal obligation of the procuratorate to intervene in advance and improving the rules for two-way transfer of clues,and by granting the object being investigated the right of objection to jurisdiction to prevent the misplacement of the jurisdiction of interrelated cases,so as to promote the development of the jurisdiction of interrelated cases in China towards standardization and legitimacy.