The designation of investigative jurisdiction is an important way for public secur-ity organs to deal with the issue of jurisdiction over cases,and an important system for ensuring the smooth conduct of criminal proceedings.From the viewpoint of judicial practice,the desig-nation of investigative jurisdiction is characterized by the ambiguity of the applicable standards,the utilitarianism of the applicable motives,the ex officio nature of the applicable process,and the predetermination of the designated act.The designation of investigative jurisdiction lacks a clear basis in the Criminal Procedure Law,reinforcing the status of"investigative centrism",with insufficiently standardized mechanisms for initiation and consultation,and problems of synchro-nous alienation between the process of application and the designation of residence under sur-veillance.The main reason for this is that judicial personnel do not have a sufficient understan-ding of the value of designated investigative jurisdiction,and there is a conflict between the legis-lative concept and the designated investigative jurisdiction system under the judicial system.The path to improving the system of designated investigative jurisdiction is to clarify the functional positioning of designated investigative jurisdiction at the legislative level and to refine the rel-evant provisions;to implement the principle of trial-centred litigation and to insist on procedural fairness;and to give play to the rigidity of legal supervision and to strengthen the constraints and supervision of designated residence under surveillance.
关键词
指定侦查管辖/侦查中心主义/指定居所监视居住/以审判为中心/法律监督
Key words
Designation of Investigative Jurisdiction/Investigative Centrism/Residence under Surveillance/Trial-centered/Legal Supervision
维普
万方数据