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Criminal trial jurisdiction dispute resolution

Author: HuXiaoXia
Tutor: HongDaoDe
School: China University of Political Science
Course: Procedural Law
Keywords: Trial Jurisdictional Disputes Different places under the jurisdiction of Designation of jurisdiction Objection to jurisdiction Under the jurisdiction of the option
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 71
Quote: 0
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Abstract


China's criminal trial under the jurisdiction of the dispute resolution is designated by the superior court jurisdiction to determine the jurisdiction of the court, and does not confer the right to the prosecution of persons under the jurisdiction of the objection, which is different from China's Civil Procedure Law and the Administrative Procedure Law. Extraterritorial major country under the rule of law in the jurisdiction of the controversial aspects of the criminal justice today has more mature solution and experience. China learn from other countries relevant experience and the experience of the Civil Procedure Law, but also consider the special soil of our laws and the special nature of the criminal proceedings, not directly to the introduction of an objection to the jurisdiction system that is the end of the matter. Through the analysis of the existing system of the designated jurisdiction decomposed prosecute option for the prosecution and the prosecution of persons under the jurisdiction of the right to dissent, in order to perfect the system of trial jurisdiction for trial under the jurisdiction of the dispute resolution provides a new ideas. This paper is divided into four chapters: the first chapter of our criminal trial under the jurisdiction of the dispute and its resolution outlined, is divided into two sections describe each of the criminal trial jurisdiction dispute and the jurisdiction of the existing criminal trial dispute resolution. In the first part, dealt primarily with the criminal jurisdiction of the kind of controversy, and define the scope of this article - trial jurisdiction dispute pointed out the significance of the jurisdiction of the dispute led to the problem and solve the dispute. The second part, first expounded our trial jurisdiction controversial designation of jurisdiction Second, the basic situation of the designated jurisdiction, the law applicable to the case described, pointing out the significance of the existence of the designated jurisdiction. The second chapter of the criminal trial jurisdiction Dispute Resolution A comparative study of the way, in the criminal trial from the extraterritorial jurisdiction of the dispute resolution and our civil litigation under the jurisdiction of the dispute settlement aspects analysis. The first part is to introduce the extraterritorial criminal trial jurisdiction dispute settlement jurisdiction, primarily from off-site to specify the jurisdiction of and objection to the jurisdiction of aspects of the system, introduction of the comparison. The second part is the introduction of the Civil Procedure Law of the trial jurisdiction dispute resolution, including the designation of jurisdiction system and the objection to jurisdiction system. Chapter of the jurisdiction of the criminal trial dispute resolution exist, our criminal trial under the jurisdiction of the dispute resolution - Specify the problems of jurisdiction system, proceed from the relationship between the judicial and administrative powers, and pointed out that the actual designated jurisdiction system through administrative means solve the problem of justice, does not comply with the rule of law, philosophy and spirit. Summarized from the statutory judge principles of procedural justice, law and other specific aspects of the specific problems of the system of the designated jurisdiction. Chapter IV of the controversial reform of the criminal trial and perfection, this chapter is divided into two parts. The first part describes our current research and mainstream academic point of view of the problem, that is, to draw domestic and foreign experience, the introduction of the Code of Criminal Procedure Jurisdiction Objection System. Build the necessity and feasibility of the objection to the jurisdiction of the system and, respectively, from the current mainstream theory research. Then I put forward their views on the above research, that country can not be directly transplanted the extraterritorial experience and our practical experience of the Civil Procedure Law in our criminal procedure, a simple solution to the solution of the system of objection to the jurisdiction of the jurisdiction of the dispute is still not enough. The second part discusses the author's point of view, how to reconstruct our country under the jurisdiction of the criminal trial dispute settlement. The first discusses whether to improve the by building criminal jurisdiction objection system of court-appointed jurisdiction system solution based on the relationship between the two study how to build the objection to jurisdiction system to improve our jurisdiction controversial. In this part, I first study the necessity of court-appointed jurisdiction system to draw the necessary conclusions from our current system no longer exists in the designation of jurisdiction; Second point of this article - the specified jurisdiction system is divided into the prosecution's jurisdiction select rights and the prosecution of persons under the jurisdiction of dissent rights; once again expounded on the rationality and feasibility of the theory of this new theory; Finally, the argument related to the details of the problem, the theory of perfect.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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