A Research On Theory And Legislation Of The Generality About Charge

With characteristics of wide implementation and great significance, Charge is regarded as an important issue in the theory of specific provisions of criminal law and juridical practice. However, current researches on charge remain insufficient and incomplete. Whether to maintain the status of charge or to reform, each can greatly influence to the course of legislation and judicial practice. Therefore, it is worthwhile systematizing its theory and exploring its practice on charge.Previous researches indicate that there is no intrinsically conflict in their conclusion since most researchers start with similar analysis of concepts and features of charge. However, it cannot be convinced that these studies are accurate and thorough enough. There are three issues need to deep investigate and clearly define: first, it is unknown that what is the main characteristic of the charge, and how to establish a charge. Besides, in what extend that a charge better serves within our country. Second, how to make sense on charge if traditional law"the principle of legally prescribed punishment for a specified crime"is not insisted to follow anymore; third, the concept and method named criminal sciences integration has not been employed in the study on charge.This study attempts firstly to define and characterize the charge, then employ criminal sciences integration to the establishment of criminal law provisions of crimes and punishments. After a better understanding by looking into the interaction between charge and description, charge system is framed by defining number of charge within 250-300 and each charge in 7-10 words with a sense of clearness, logic and hierarchy. The study makes some legislative proposals in conclusion.