跨地区犯罪管辖权冲突问题研究诉讼法学专业论文.docxVIP

II II Abstract In recent years, the crimes across the region are more and more serious,so it brings about the jurisdictional conflict.Studing and discussing the criminal jurisdiction conflict across the region has certain practical significance to protect the legal rights of parties, action quickly and timely, keep judicial justice . This paper is divided into three parts in order to study criminal jurisdiction conflicts across the regeion. The first part,discusses mainly the implication, classification and forms of the criminal jurisdiction conflict across the region.The crime across the region mentioned in this paper only refers to the crime within the scope of the Chinese Mainland,not including cross-border crime and across regions (namely, Hong Kong, Macao and Taiwan area) crime. The jurisdiction conflicts involved in this paper also only include regional jurisdiction conflict,not including level jurisdiction conflict. The second part, analyses the causes of jurisdictional conflict and the consequences.The reason is various, not only including the legal defects,the wrong understanding of judicial authority on the subject,also including the objective reason in reality etc.The third part,firstly analyzes the revelation of the Civil Procedural Law and extraterritirial law about the regional jurisdiction,especially the importance of contesting jurisdiction.And then puts toward the suggestion to solve jurisdiction conflict across the region.On the basis of the basic principles which insist on regional jurisdiction,we should expand jurisdiction properly,also clear the fuzzy elements what are “necessary”, “more appropriate”.In addition,we should perfect designation of jurisdiction and consultation over jurisdiction,establish and perfect an institution of contesting jurisdiction. Key Words: The crime across the region; Gurisdiction; Regional jurisdiction III III 目 录 引 言1 第 1 章 跨地区犯罪管辖权冲突概述4 1.1 跨地区犯罪管辖权冲突的含义 4 1.2 跨地区犯罪管辖权冲突的分类 4 1.3 跨地区犯罪管辖权冲突的表现形式 6 第 2 章