2011Journal of Liaoning UniversityRequires access

On No Jurisdiction of Region Jurisdiction in the Criminal Proceedings

Meng Jun

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Abstract

In current judicial practice,the identification of region jurisdiction in some cases is difficult and has been a legislation problem.For the purpose of solving the problem,a serious of judicial interpretations have been put forward,which provided a new solution model of No Jurisdiction.The article bases its argument on the analysis of the rationality and legitimacy of No Jurisdiction,and focuses its discussion on the procedure improvement of No Jurisdiction,which includes: procedure stability,procedure legality,the coordination of the roles regarding investigation jurisdiction and trial jurisdiction,the establishment of means of jurisdiction remedy and the prevention of the abuse of law.The discussion will be helpful for the formulation and improvement of a scientific,reasonable and effective region jurisdiction plan,and provide a theoretical basis for the revision of Criminal Procedure Law.

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What this paper is about

In current judicial practice,the identification of region jurisdiction in some cases is difficult and has been a legislation problem.For the purpose of solving the problem,a serious of judicial interpretations have been put forward,which provided a new solution model of No Jurisdiction.The article bases its argument on the analysis of the rationality and legitimacy of No Jurisdiction,and focuses its discussion on the procedure improvement of No Jurisdiction,which includes: procedure stability,procedure legality,the coordination of the roles regarding investigation jurisdiction and trial jurisdiction,the establishment of means of jurisdiction remedy and the prevention of the abuse of law.The discussion will be helpful for the formulation and improvement of a scientific,reasonable and effective region jurisdiction plan,and provide a theoretical basis for the revision of Criminal Procedure Law.

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Available abstract

In current judicial practice,the identification of region jurisdiction in some cases is difficult and has been a legislation problem.For the purpose of solving the problem,a serious of judicial interpretations have been put forward,which provided a new solution model of No Jurisdiction.The article bases its argument on the analysis of the rationality and legitimacy of No Jurisdiction,and focuses its discussion on the procedure improvement of No Jurisdiction,which includes: procedure stability,procedure legality,the coordination of the roles regarding investigation jurisdiction and trial jurisdiction,the establishment of means of jurisdiction remedy and the prevention of the abuse of law.The discussion will be helpful for the formulation and improvement of a scientific,reasonable and effective region jurisdiction plan,and provide a theoretical basis for the revision of Criminal Procedure Law.

Key concepts: Jurisdiction, Criminal jurisdiction, Principle of legality, Law, Original jurisdiction, Subject-matter jurisdiction, Political science, Rationality

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