On The System Of Criminal Designated Jurisdiction

As the first issue to be solved in criminal proceedings,jurisdiction is not only related to whether the litigation process can be carried out smoothly,but also related to whether judicial fairness can be effectively guaranteed.China has provided for a criminal designated jurisdiction system,and when there are situations such as unclear jurisdiction or jurisdictional disputes,the system can solve these problems well by virtue of its unique jurisdictional function,and has a promoting effect on safeguarding judicial independence and ensuring procedural fairness.With the rapid development of the economy and the continuous advancement of the rule of law in China,social contradictions have shown a trend of diversification,which has gradually become a common method to solve trial problems in judicial practice.However,with the regular application of the designated jurisdiction system,some problems in the system have gradually emerged.In judicial practice,there is a problem of arbitrariness in the application of designated jurisdiction,and if it cannot be properly resolved,it is likely that the abuse of designated jurisdiction and other acts of circumventing statutory jurisdiction will breed and spread.For example,on the issue of determining the designated jurisdictional unit,China does not have a relevant determination standard,neither the Criminal Procedure Law nor the relevant judicial interpretations provide for this,and the lack of consideration standards will make the higher court enjoy excessive discretion in determining the designated jurisdictional unit,which is not conducive to judicial justice.Therefore,it is necessary to establish a reference criterion for determination,and at the same time strengthen the supervision of this link.In the application of designated jurisdiction,there is still the problem of poor connection between the various stages of litigation,and the three organs of public prosecution and law sometimes have different views and disputes in the judicial practice of designated jurisdiction.In this regard,consideration could be given to clearly defining the jurisdiction of investigation and the designated jurisdiction for prosecution in the law,while establishing the principle of pre-determination of designated jurisdiction to address this issue.In addition,China’s law does not clearly stipulate whether designated jurisdiction can be applied in second-instance proceedings,so after the "Wang Chengzhong Civil Violation of the Law Adjudication",a particularly strong controversy arose around the issue that designated jurisdiction can only be applied to first-instance proceedings or can be applied to second-instance proceedings.In this regard,it is necessary to clarify that it is not appropriate to apply the designated jurisdiction system in the second instance procedure.Finally,the protection of the rights of parties in China’s designated jurisdiction system is still insufficient,and if the rights of parties cannot be effectively protected,the parties will become passive in criminal proceedings.Therefore,it is necessary to give the parties the right to apply for jurisdiction and the right to oppose jurisdiction,so as to strengthen the protection of the legitimate rights of the parties.In short,in order to enable the designated jurisdiction system to better meet the requirements of the current judicial situation and give full play to its institutional value,it is necessary to conduct in-depth analysis and discussion of the existing problems of the criminal designated jurisdiction system on the basis of combining existing legal provisions and taking into account the actual needs,and explore corresponding ways to improve it in a targeted manner.