The Problems and Development Direction of the Objection System of Criminal Trial Jurisdiction

Abstract

China's criminal procedure law has not yet stipulated the jurisdiction objection system, and in judicial practice, different courts have different ways of handling the jurisdiction objection of criminal trial, which not only damages Procedural justice, but also challenges the judicial credibility of relevant courts. During the operation of the jurisdiction system, the parties have almost no say in their own jurisdiction interests. Based on the litigation concept of procedural fairness, the parties should have the right to raise objections due to the lack of jurisdiction or inappropriate jurisdiction of the judicial authorities. In order to correctly safeguard the legitimate rights and interests of litigation parties and the development of judicial practice, it is urgent to learn from the beneficial experience of the relevant jurisdiction objection system in foreign criminal procedure laws, and promote the construction of the jurisdiction dispute system in China's criminal procedure law. Within the basic framework of the criminal litigation legal system and in combination with judicial practice, China can selectively draw on the objection system of extraterritorial criminal trial jurisdiction, construct a criminal trial jurisdiction objection system that is in line with China's national conditions, and achieve the organic unity of cracking down on crime and protecting human rights. This article studies the problems in the objection system of criminal trial jurisdiction and the countermeasures to the issue of objection to trial jurisdiction in China.