On The Selective Accusation And The Criterion For Determining A Selective Accusation Of Judicial Interpretation

The selective accusation means that a criminal law elements stipulated many essential factors that have inner relationship among them. In identical case, author's not to carry on the simultaneous punishment for several offenses when the behavior conforms to a crime integrant part is the independent crime, conforms to several crime integrant part.The selective accusation has the followings four characters:Selective of constitutive requirements, identity of constitution of a crime, Inner relationship and equivalence of constitutive requirements. Five principles have to be followed when confirm selective accusation, namely, the principle of legality, the principle of accurate, concise principles, legal principles, and convention principles. the scalability of constitutive requirements and the close relationship between the constitutive requirements is an important criterion for determining a selective accusation.According to the judicial interpretation of the Supreme People's Procurator ate and The Supreme People's Court. A selective accusation can be divided into the following five types:alternative charge, object alternative charge, means alternative charge, the main body alternative charge, actions and object alternative same time charge.Conclude the positive significance of the existing selective accusation based on this assort, like followings:criminal law provisions to increase the simplicity of presentation and simplicity, reflecting the offense to adapt the principle of the basic realization of the standardization and unification of the charges and have the greatest degree of flexibility and maneuverability. And further the existing selective shortages in various categories are analyzed, that the analysis results showed that selective accusation are not suitable to the realization of the criminal law's purpose. Several suggestions to made up for existing deficiencies based on the above analyzed result:For intrinsically linked to nature and not criminal law does not have quite the sense of selectivity can be considered a single count of crimes, penalties should be in the making distinction between acts of the perpetrator to commit the crime and how many objects on the number of criminal acts carried out, appropriate restrictions on the number of selective accusations.