Research On Judicial Adoption Of Selective Accusation

Selective accusations play an important role in China's criminal law.However,due to the lack of uniform criteria,the criminal law theory has different understanding of selective accusations,coupled with the lack of thorough research on selective accusations,leading to the problem of selective accusations in judicial application.In view of this,this paper intends to explore the basic theoretical problems of the selective accusation and the difficult problems in the judicial application on the basis of predecessors' research,with a view to assisting the problems existing in the judicial application of selective charges.Full text 38000 words,divided into the following four parts:The first part is about the concept of selective accusations,their characteristics and their relationship with juxtaposition charges.This paper makes a comparison and analysis on the different viewpoints of selective criminal charges in our country,and puts forward the cognition of selective accusation in this article,that is,the choice of criminal law is in the same article(if there are multiple clauses in the same article)The same)provides for more than two criminal acts or criminal objects that are intrinsically linked.The highest judicial organs to act or object as a selection element of a charge,you can break down the application can also be combined to apply,either by a crime or a number of crimes can be guilty.This section sets out the differences between selective and juxtaposition charges in terms of applicable methods and penalties.The second part mainly discusses the five problems of selective accusation in judicial practice.The main accusation of selective accusations,the application of selective accusations and juxtaposition charges,the application of selective and attempted,the application of joint accusations for selective accusations and the amount of selective accusations and their calculation of five aspects The In this paper,it should be based on the basis of the standard of legal interest,combined with a number of acts between the time and space are closely linked,you can accurately determine the number of acts of the implementation of selective accusations,the perpetrators of selective charges The act can set up a crime,you can set up a number of crimes,the establishment of a number of crimes,in some cases should be a number of crimes and penalties,and some circumstances without the number of crimes and penalties;as long as the interpretation of the same article or the same provisions The number of counts should be a parallel accusation,so as to distinguish with the selective accusation;regardless of the number of acts between the behavior of what kind of relationship,as long as part of the act is completed,part of the attempted behavior,the judge should be in accordance with the line Behavior should be convicted at the same time should be considered in the sentencing of other attempts to consider the plot,the heavy punishment;several people jointly implement a number of acts of selective accusations,with or without division of labor,must follow the common crime theory,Of the principle of imputation,when the common crime and then,then there are cross,the number of people in accordance with the established part of the conviction,in the punishment,the attempted part of the sentencing in the heavy punishment;several acts have a relationship,before and after the behavior object with partial overlap,The behavior of the perpetrators after the implementation of the amount of crime and the amount of crime before the cumulative amount of conviction and sentencing by the previous behavior,a number of acts against the same object,that is,the object completely overlap,the amount should not be accumulated.The third part mainly discusses the causes of the problem of selective accusation in judicial application.This paper concludes that there are two main reasons for the above problems in the application of selective accusations: one is the lack of a definite standard for selective accusations,and the other is that judicial interpretation contributes to the inertia of judicial personnel.The fourth part proposal some suggestion to improve the selective accusation.That the principle of accuracy,the principle of law,the principle of circumference and the principle of refinement should be followed in determining the selective accusation.To solve the problem of selective accusation in the application of justice,it is necessary to establish a unified standard for selective accusations,and put forward some specific proposals for improving the selective accusation in the criminal law.