On The Selective Determination In Criminal Law

The alternative determination is a debatable subject in criminal law. It is a kind of mechanism that can help the judge to sentence when it is predominated that the defendant is guilty with the fact of case confusing the judge.It has existed for more than one hundred years in German criminal law and then been built in Japan criminal law because the selective determination has its practicabibity and validity.It has not been discussed deeply in China as yet,and there is not this kind of case report.But some scholars begin to pay attention to the subject because it has something to do with the presumption of innocence,coincidence of law article and the principle of lighter punishment of doubtful crime.Many controversies have came into being because it involves a lot of other subjectes and it is difficult to make use of the selective determination exactly.As a result it is necessary to solve these problem before we establish the legal mechanism.