刑事诉讼管辖制度四十年的发展与启示

Development and Enlightenment of the Criminal Procedure Jurisdiction System in the Past 40 Years

改革开放40年来,中国的法治建设取得了巨大的进步,依法治国的基本方略也得到确立和发展,各项法律制度不断健全。管辖制度作为刑事诉讼的门户,与刑事程序法治的发展和改革开放相辅相成,同刑事程序法治的发展血脉相连,并随着社会环境的发展变化得以调整,但管辖制度的改革必须遵循司法规律,与实体法律保持一致,保证制度稳定性与变化性的协调,理论研究的繁荣则是管辖制度进步的重大推力。

In the past 40 years of reform and opening up,the construction of the rule of law in China has made tremendous progress.The basic strategy of governing the country according to law has also been established and developed,and various legal systems have been continuously improved.As the gateway to criminal proceedings,jurisdiction system is complementary to the development of criminal procedure and reform and opening up.It is connected with the development of the rule of law in criminal procedure and is adjusted with the development of the social environment.However,the reform of the jurisdictional system must follow the judicial rules and be consistent with Entity laws,ensuring the stability of institutional stability and variability.The prosperity of theoretical research is a major thrust in governing institutional progress.