跨行政区划法院和检察院及其刑事管辖权研究

Research on Court and Procuratorate of Crossing Administrative Region and their Criminal Jurisdiction

跨行政区划法院和检察院的管辖地域不再与《宪法》第30条规定的四级行政区相对应,实现了司法管辖区与行政区划的分离,这是其本质特征。跨行政区划法院和检察院设立的初衷和直接动力是为了革除现行司法体制的弊端之一——司法地方化,其刑事管辖功能定位是保障司法公正、实现指定管辖的集中化与法定化、分流特殊案件与合理配置司法资源以及促进国家法律统一正确实施。研究跨行政区划法院和检察院的受案范围及其制度设计可知其仍存在一定的局限性,有待于进一步完善。

The jurisdiction of court and procuratorate of crossing administrative region is no longer corresponding with any of the four level administrative regions which are established by article 30 of China＇s constitution. They have realized the separation of jurisdiction and administrative region, which is their essential character. The direct purpose and impetus of setting up court and procuratorate of crossing administrative region are to abolish localization of court and procuratorate which is one of the drawbacks of current judicial system. Their function orientations of criminal jurisdiction are to guarantee justice, to realize centralization and legalization of altering jurisdiction by order, to shunt special cases and allocate judicial resources rationally, and to implement law unified and correctly. The jurisdiction and system design of court and procuratorate of crossing administrative region still have some limitations, remain to be further improved.