The Study On The Judicial Application Of Selective Accusations

In specific provisions of the criminal law of the People’s Republic of China, selective accusations occupy one third of the total number of charges. The special crime constitution system behind these makes this kind of crime different from general applicable rules of those single accusations in the judicial process. For example, when several crimes violate different separation accusations, they can only be punished for the crime of the selective charge as a whole and shall not suffer combined punishments for several crimes. Owing to the basic characteristics which contain many separation accusations, selective accusations have to face series of problems when they combine with some general provisions of the criminal law. For instance, in the aspect of calculation on the amount of crime, whether or not can they accumulate different amount which refer to the separation accusations when they have to decide the conviction; when diverse stop patterns of crime exist, how to cognize the form of the whole selective accusations. Besides, some of the selective accusations are similar to implicated offenses and absorbed offenses, you can hear different voice when it comes to distinguishing them. Furthermore, current legislation and judicial interpretation fail to show the feature of selective accusations. Some part of the selective components seems to be chosen, in fact, they almost equal to single charges, leading to the situation of lacking independence. The author intends to combine 2 theory with judicial practice in order to provide some ways to solve these problems. This article can be divided into three parts, and the specific explanations are as followsPart one: General DescriptionThis article begins with the concept of selective accusations and the features. Then, it divides selective accusations into six types according to the characteristics on the components, namely the type of behaviors, means, objects, behaviors and objects, subjects, subjects and behaviors. Plus, the article analyzes the basis of establishing selective accusations. The substantial basis is the legal crime constitution and the formal reason replies on common legal punishment and punctuation. Besides, the fact that our criminal law needs to minimize the number of charges makes it important to enact selective accusations. This part sets up the foundation on the judicial problems.Part two: Judicial Application of Selective AccusationsFirstly, some of them have vague meaning and lack relevant supervision, which leads to difficulty on whether they can establish crime, like compulsory indecent crime and the sale, purchase, transportation of counterfeit money crime. Secondly, the article discusses how to calculate the amount of crime in the circumstances of selective accusations, which relates to the discussion on whether separation accusations should be convicted separately. Furthermore, it discusses how to distinguish selective accusations with implicated offenses and absorbed offenses. Finally, according to the special situations on various diverse stop patterns that exist in the selective accusations, the author introduces different opinions on it.Part three: Cause Analysis and SolutionsAt the very beginning, the article comes up with the dilemma that some separation accusations lack independence conditions of the crime, like the crime of producing and selling fake and inferior products and producing and selling fake and inferior pills. The main reasons causing these problems are as follows: First, the defection of legislation and judicial interpretations. Secondly, different levels of legal attainment for judicial workers. Thirdly, relevant criminal theory that fails to have impact on judicial practice. In order to conquer these problems, except that we should strive on those aspects, the common masses also have responsibility to construct the social environment for healthy development of judiciary.