我国军事法院刑事管辖制度若干问题研究
发布时间：2019-03-16 15:44
【摘要】：军事法院刑事管辖是启动军事刑事审判活动的前奏，具体涉及到军事法院和普通法院管辖权划分，由哪一级别的军事法院管辖，以及最终由哪个系统、哪个地区军事法院管辖的问题。当前我国军事法院是国家设在军队内部的审判机构，其在宪法层面上的定位是专门人民法院。虽然军事法院与普通法院在刑事审判活动中都以刑事诉讼法为基本依据，但军事法院专门性法院的定位决定了其与普通法院之间在刑事管辖制度上必然存在着某种程度上的不同，加上我国并没有针对军事刑事审判的特殊性制定有专门的特别法，这使得军事法院刑事管辖在司法实践中不免存在诸多问题。因此，研究军事法院刑事管辖制度当前面临的问题，分析相关问题产生的原因，，提出解决问题的建议就显得尤为必要了。 本文主要粗略的分析了我国军事法院刑事管辖制度所存在的若干问题并适时提出了解决问题的初步设想。对此，笔者共分为四章加以具体阐述： 第一章是我国军事法院刑事管辖制度的概述。本章试图通过界定军事法院刑事管辖的内涵与特征，分析军事法院刑事管辖制度的价值，以此奠定全文研究的理论基础和框架结构。 第二章是我国军事法院刑事管辖现状之检讨与评析。本章主要对我国军事法院刑事管辖制度的相关立法现状及管辖原则进行简要论述，着重论述了当前军事法院刑事管辖制度所存在的几个主要问题，并进一步分析存在诸问题的原因。 第三章是域外军事法院刑事管辖制度的简介及借鉴。从比较法的角度对当前设有军事法院的几个主要国家和地区的域外规定进行简要介绍，并从中寻求可借鉴之处。 第四章是完善我国军事法院刑事管辖制度的若干设想。立足于我国军事司法传统和军事需要，在借鉴外国法的基础上，针对论述的问题提出了几许完善军事法院刑事管辖制度的若干设想。
[Abstract]:The criminal jurisdiction of military courts is a prelude to the initiation of military criminal trial activities, specifically relating to the division of jurisdiction between military courts and ordinary courts, the level of jurisdiction of military courts and, ultimately, the system by which, The question of which district military court has jurisdiction. At present, the military court of our country is the judicial institution located in the army, and its position on the constitutional level is the special people's court. Although both the military and ordinary courts are based on the Code of Criminal procedure in their criminal trial activities, However, the orientation of specialized courts of military courts determines that there must be some difference between military courts and ordinary courts in the system of criminal jurisdiction, and there is no special law in view of the particularity of military criminal trials in our country. This makes the criminal jurisdiction of military courts have many problems in judicial practice. Therefore, it is especially necessary to study the problems faced by the criminal jurisdiction system of military courts, analyze the causes of the related problems, and put forward some suggestions to solve the problems. This paper makes a rough analysis of some problems existing in the criminal jurisdiction system of military courts in China and puts forward some tentative ideas on how to solve the problems in good time. In this regard, the author divided into four chapters to elaborate specifically: the first chapter is a summary of the criminal jurisdiction system of military courts in China. This chapter tries to define the connotation and characteristics of the military court criminal jurisdiction, and analyze the value of the military court criminal jurisdiction system, so as to lay the theoretical foundation and frame structure of the full text research. The second chapter is the review and analysis of the current situation of criminal jurisdiction of military courts in China. This chapter mainly discusses the current legislative situation and jurisdiction principles of the criminal jurisdiction system of military courts in China, focusing on several main problems existing in the current criminal jurisdiction system of military courts. And further analysis of the causes of the problems. The third chapter is the introduction and reference of the extraterritorial military court criminal jurisdiction system. From the perspective of comparative law, this paper briefly introduces the extraterritorial provisions of several major countries and regions which have military courts at present, and looks for some references from them. The fourth chapter is about how to perfect the criminal jurisdiction system of military courts in our country. Based on our country's military judicial tradition and military needs, on the basis of drawing lessons from foreign laws, this paper puts forward some tentative ideas on how to perfect the criminal jurisdiction system of military courts in the light of the problems discussed.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：E266
本文编号：2441663
[Abstract]:The criminal jurisdiction of military courts is a prelude to the initiation of military criminal trial activities, specifically relating to the division of jurisdiction between military courts and ordinary courts, the level of jurisdiction of military courts and, ultimately, the system by which, The question of which district military court has jurisdiction. At present, the military court of our country is the judicial institution located in the army, and its position on the constitutional level is the special people's court. Although both the military and ordinary courts are based on the Code of Criminal procedure in their criminal trial activities, However, the orientation of specialized courts of military courts determines that there must be some difference between military courts and ordinary courts in the system of criminal jurisdiction, and there is no special law in view of the particularity of military criminal trials in our country. This makes the criminal jurisdiction of military courts have many problems in judicial practice. Therefore, it is especially necessary to study the problems faced by the criminal jurisdiction system of military courts, analyze the causes of the related problems, and put forward some suggestions to solve the problems. This paper makes a rough analysis of some problems existing in the criminal jurisdiction system of military courts in China and puts forward some tentative ideas on how to solve the problems in good time. In this regard, the author divided into four chapters to elaborate specifically: the first chapter is a summary of the criminal jurisdiction system of military courts in China. This chapter tries to define the connotation and characteristics of the military court criminal jurisdiction, and analyze the value of the military court criminal jurisdiction system, so as to lay the theoretical foundation and frame structure of the full text research. The second chapter is the review and analysis of the current situation of criminal jurisdiction of military courts in China. This chapter mainly discusses the current legislative situation and jurisdiction principles of the criminal jurisdiction system of military courts in China, focusing on several main problems existing in the current criminal jurisdiction system of military courts. And further analysis of the causes of the problems. The third chapter is the introduction and reference of the extraterritorial military court criminal jurisdiction system. From the perspective of comparative law, this paper briefly introduces the extraterritorial provisions of several major countries and regions which have military courts at present, and looks for some references from them. The fourth chapter is about how to perfect the criminal jurisdiction system of military courts in our country. Based on our country's military judicial tradition and military needs, on the basis of drawing lessons from foreign laws, this paper puts forward some tentative ideas on how to perfect the criminal jurisdiction system of military courts in the light of the problems discussed.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：E266
【参考文献】
相关期刊论文 前2条
1 张朝晖;;海峡两岸军事司法管辖制度比较研究[J];法学杂志;2009年07期
2 吕慧;;外国军事审判机制的特点及对我国的启示[J];西安政治学院学报;2010年03期
本文编号：2441663
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