The Essence & Juridical Practice Of Wahlfeststellung

In our percent academe, the study about "Wahlfeststellung" which means no punishment in doubt case is disheveled. It is showed: 1,the "low-grade punishment in doubt case" will be mentioned when somebody argues the "presumption of innocence";2,the study only expatiates its application, the way of investigation and the result of research are single. 3,It is hard to distinguish "Wahlfeststellung" and "presumption of guiltiness". So, the significance of the paper is to introduce "Wahlfeststellung" explicitly, to consummate the litigation and to regulate its operation.The paper begins with the literal interpretation of "Wahlfeststellung ". Firstly, the paper analyses what is "Wahlfeststellung", clarifies its concept, character, category, and discusses its reasons. Secondly, by introducing how to do with the double case in the history, the paper draws a conclusion that "low-grade punishment in doubt case" with "presumption of innocence" are the necessary choice of society.Since "Wahlfeststellung" dose not exit lonely, it bears some relationship with other principles in the criminal procedural law .The paper compare it with the "presumption of innocence" and "presumption of guilt" in order to understand "low-grade punishment in doubt case" better.The aim of finding, questions is to deal with them. The paper renders the concrete opinions of the operation of "Wahlfeststellung" in China to resolve the problems that have taken place in percent judicial practice.