关键词: 刑事诉讼, 管辖权异议, 大陆法系, 英美法系, 举证责任, 诉讼权利

Abstract: The jurisdiction system of criminal procedure plays an important role in optimizing the allocation of judicial resources and ensuring the legitimacy of the proceedings. However， the criminal procedure jurisdiction dispute system has not been yet established in China， which restricts the jurisdiction system of criminal procedure to playing its role. The dispute system of criminal procedure jurisdiction is highly developed in some developed countries including both the common law countries and the civil law countries. By analyzing the United States and Japan， the representative countries of the two major legal systems， we summarize the similarities and differences， advantages and disadvantages of the dispute systems of criminal procedure jurisdiction in the two countries，so as to provide reference for the establishment and improvement of dispute systems in China. Based on the comparative analysis， we conclude that we can learn from foreign legal practices and built， within the basic framework of China's criminal procedure legal system， the criminal procedure jurisdiction dispute system that conforms to the criminal judicial practice and national conditions in China， integrating fighting crimes and protecting human rights.

Key words: criminal procedure, jurisdiction dispute, civil law system, common law system, burden of proof, litigation right