论文部分内容阅读
以平时军事刑事诉讼管辖制度为基础构建的我国战时军事刑事诉讼管辖制度,虽然适度伸缩了军队保、检、法机关的专门管辖范围,实行了较为灵活的军队保、检、法机关立案管辖和区域管辖,适当调整和补充了军队保、检、法机关的级别管辖,但还存在一些缺失和不足。建议完善对敌方人员犯罪案件和涉外犯罪案件的管辖、取消军事法院对普通自诉案件和军职罪案件的立案管辖、允许军队保卫部门和军事检察院跨系统管辖、明确战时军事刑事诉讼管辖与平时军事刑事诉讼管辖的衔接。
Although the jurisdictional system of our country’s wartime military criminal procedure built on the basis of the system of military criminal procedure in peacetime has flexibly expanded the special jurisdiction of military security, prosecutorial and judicial organs and implemented a relatively flexible jurisdiction of the military’s security, prosecutorial and judicial organs And regional jurisdiction, and appropriately adjusted and supplemented the level jurisdiction of the army’s security, prosecutorial and legal organs. However, there are still some shortcomings and deficiencies. It is suggested to improve the jurisdiction of criminal cases of enemy personnel and criminal cases involving foreign affairs and to remove the jurisdiction of the military court on ordinary cases of private prosecution and military crimes so as to allow the army defense departments and military procuratorates to cross-system jurisdiction to clarify the jurisdiction of military criminal proceedings in wartime Usually the convergence of military criminal jurisdiction.