On The Determination Of Charge

The determination of charge, refers to name the depict of relevant provisions of criminal law in the specific provisions of criminal law, which is use the appropriate concept to performent the essential characteristics of crimes which is the specificially described in the relevant provisions of the act. It contained two levels, to distinguish the charge and name the charge. The direct bases of distinguishing charge is the basic counts which is described in provisions of criminal law, which can be divided into simple counts, recounted counts and cited counts. There are three basics of the determination of charges. The determination of charge is propitious to gain ground the criminal law in the people, and exert the efficacy of criminal law.Expounding the essentiality analyze the problems in determination of charge in our country. First, compare Legislative model and theories of some countries. In all over the countries, the Legislative model of the determination of charge in criminal law may divide into the clear instructions type and the suggestion type two kinds. The Legislative model of Indicated clearly refers the specific provisions of criminal law have named the crime, but the legislative model of suggested is opposite. The two have the merit respectively, but as a whole, the Legislative model of indicated clearly is better because it's unified, authoritative, systematic. Our country's model of determining charge has experienced from suggestion type pattern in the old penal code implement time to determination of charge explanation in the new criminal law revision implementation. Although has the progress, but the judicial interpretation determination charge is difficult to evade exceeds authority suspicion of the explanation, and in certain degree it harms the constitution authority, secondly, the legislation style flaw of the specific provisions of criminal law, the disposition of Statutory penalty, the multiplication of the determination of charge as well as the principle of the determination of charge and the method not unified and so on, the questions have become affect our country's the determination of charge.To perfect the determination of charge needs multi-methods: In the system, we should establish indicated clearly -like legislative model, as the makeshift, we can adopt legislative explanation to determine the charge; In the technology, we should establish and perfect the principle and the method of determination of charge. The urgent affairs are determining charges existed correctly. In brief, not only the further research of the determination of charge is unceasingly advantageous to the criminal law fundamental research deepening, moreover has the vital significance regarding the criminal judicature work.