关键词: 监察法, 职务犯罪, 异地管辖, 高官犯罪, 指定管辖

Abstract: It has been a common judicial practice in China to deal with duty crimes across administrative borders. Off-site jurisdiction over duty crimes is conducive to ensuring judicial independence, cutting off intervention and establishing judicial authority, and to integrating judicial resources and investigation of the case. Since the 18th National Congress of the Communist Party of China and the reform of the supervision system, a large number of senior officials have been investigated and charged of crimes. Through empirical research we have found that off-site jurisdiction over duty crimes is widely applicable and runs through the whole process of investigation, prosecution and court trial, and that the standard for designation of jurisdiction is complex. However, there are still problems in off-site jurisdiction over duty crimes, such as insufficient legal basis and standards, unclear procedures and high judicial costs. To perfect the standards and procedures of off-site jurisdiction, it is necessary to establish a formal system of off-site jurisdiction over duty crimes through legislation, to determine detailed standards for designation of jurisdiction, to clarify relevant and overlapping jurisdiction over duty crimes, and to grant the defendant the right to apply for jurisdiction to strengthen the protection of the defendant's rights.

Key words: law on administration supervision, duty crime, off-site jurisdiction, senior official crime, designated jurisdiction