Study On The Objection System Of Criminal Procedure Jurisdiction

At present stage,there are no clear provisions of jurisdiction dissent system in our criminal proceedings,but there are chaos of jurisdiction in judicial practice,it is very difficult for the parties to apply for jurisdiction dissent system,and it is urgent to construct it.In this context,it is necessary to analyze the current situation of our criminal jurisdiction dissent system,and provide useful reference for constructing our criminal jurisdiction dissent system according to existing system experiences from other countries.In addition to the introduction,the first part of this paper introduces the basic theory of the system of objection to jurisdiction of criminal procedure,sort out the controversial viewpoints in the academic circle,and puts forward the idea that the system of objection to jurisdiction of criminal procedure should cover the whole judicial process including the investigation stage of the supervisory committee,and the subject should cover the accused,the victim and the private prosecutor,whose essence is the right of remedy and the right of procedure.It is different from the designated jurisdiction and avoidance system and has irreplaceability in jurisprudence.The second part discusses the current situation of our criminal jurisdiction dissent system,which is difficult to standardize the process in legislation,lead to the current jurisdiction dissent system existing in the judicial practice not standard starting procedure,dealing with defects,lack of relief procedure and other problems,and finally analyzes the causes.It conclude that our country does need to construct dissent system of criminal jurisdiction through law at present stage.The third part discusses the necessity and feasibility of the construction of the system.First,it expounds the value of the system in the protection of human rights,judicial efficiency,judicial justice and so on.Second,it concludes the chaos problems existing in the judicial practice such as evisit jurisdiction and forcible jurisdiction,emphasizing the realistic demand for this system in the practice,the necessity of the construction of the system;Finally,combining the existing connection system in the judicial field,to demonstrate that we have the judicial soil to construct the system,and the feasibility of constructing the case release system.The fourth part studies existing jurisdiction dissent systems overseas,combs through starting procedure and handling procedure,compares and analyzes different countries’ criminal jurisdiction dissent systems,and discusses the reference to the construction of our system.The fifth part puts forward suggestions on the construction of our system of objections to criminal jurisdiction,which is designed from the aspects of startup,processing,relief and prevention of abuse.Firstly,the initiation procedure is constructed,and the subject qualifications of the accused,the victim and the private prosecutor are endowed.The phased application mode of objections is adopted,and the subject is required to raise objections to jurisdiction before the conclusion of investigation or the substantive hearing of the court.As the objection handling organ,the receiving organ establishes the handling procedure,standardizes the handling method and effectiveness,provides the relief system for the parties,allows the parties to appeal against the ruling,and finally sets up the prevention and punishment mechanism to strengthen the claim of responsibility and prevent the abuse of power.