Research On Selective Accusations

Selective accusations are an important concept in China's penal law theories and represent a penal legislation model with Chinese characteristics. As selective accusations contain many separation accusations, they have basic features which are different from those of single accusations and generic accusations. The massive presence of selective accusations in China's penal law is characterized by certain inevitability and necessity and is also a basic requirement of the techniques for penal legislation. The paper consists of four parts and discusses some basic theories concerning the selected accusation and some difficulties in judicial determination.In the first part, this part comparatively illustrates different opinions on it concept and draws a conclusions about the definition. Then the author tries to respond some questions about the concept of selective accusations.In the second part, this part mainly discusses the legislative foundation of the selective accusations. This part expounds the legislative foundation of selective accusations in terms of being and ought to be: in terms of being, selective accusations are both the requirement and reflection of the complexity of crimes and the high probability of the concurrency of crimes in the realistic social life and a requirement of legislative techniques; in terms of ought to be, the adoption of selective accusations reflects the proactive pursuit of the achievement of the values and notions of penal legislation and the purpose of penal punishment.In the third part, this part elaborates on the basic principles of the penal law which legislators should follow in providing for selective accusations. Besides, this part also expounds that constitution of crime should be as criterion of establishment of selective accusations, which is reasonable.In the fourth part, this part studies mainly the difficulties the crime in judicial practice with regard to the questions of whether to cumulative punishment, add up to the amounts and targets of the crime, the relationship between such crime and other involving crimes such as continuing offence, the problem of joint offense and so on.