On Selective Charges

In China's criminal law sub-system,the status of selective charge is as important as single crime and summary offence is playing a very important role.In judicial practice,there is a lot of confusion about the recognition of selective charges,but there is no uniform standard.In particular.It is not possible to clarify the relationship between the selective elements.On the basis of the identification of the crimes,the "identification of a crime" on selective charges may lead to the imbalance of the criminal punishment.In the light of the specific circumstances,it is necessary to decide whether to apply a number of crimes and to treat the selective charges correctly.In the situation of the coexistence of various types of crimes and complicated crimes,irrational dialectical logic is lacking.Therefore,the analysis of the constitutive features of the crimes corresponding to selective crimes and the logical associations between the constituent elements that are complicated in the crimes have the normative values and the instructive significance.The current research status indicates that the academic community has not conducted an in-depth analysis and discussion on this issue.This has also led to the fact that since the Criminal Law amendments that were frequently introduced due to objective needs were promulgated and implemented,the academic and legal substantive departments were charged with amendments to the articles.To determine the disputes on the issue,and the Supreme People's Court and Supreme People's Procuratorate on the issue of new charges can also be comprehensive.In fact,criminal judicial practice has indeed found that there are many problems in the selective handling of selective offences,such as the inability to meet the requirements of crimes,the failure to solve problems in the form of crimes,and the calculation of crimes.Under the guidance of the principle of recidivism and punishment,the correct identification of selective crimes and the accurate identification of the crimes of selective crimes are the basis and prerequisite for a fair trial.The so-called imbalance between crimes is the application of heavy penalties for misdemeanors and light penalties for serious crimes.There is a phenomenon of mutual mismatch.The social impact of this result is very serious and it is not conducive to the realization of social equity.Under the guidance of the principle of recidivism and punishment,the correct identification of selective crimes and the accurate identification of the crimes ofselective crimes are the basis and prerequisite for a fair trial.The so-called imbalance between crimes is the application of heavy penalties for misdemeanors and light penalties for serious crimes.There is a phenomenon of mutual mismatch.The social impact of this result is very serious and it is not conducive to the realization of social equity.Therefore,when analyzing the composition of crimes and the circumstances of sentencing,it is very difficult to make appropriate decisions that satisfy all aspects,if we cannot stand on the basis of the correct values from a higher perspective.This article has taken relatively clear steps in the determination of selective crimes,the determination of the number of crimes,and the crime form,and clarified the relevant ideas.Including the exclusion of selective crimes with non-selective elements,and then to carry out judgments on the relationship between the behavioral elements in the crime of selective behavior,and then combining the description of crimes in the specific crimes in the criminal law provisions,to help everyone to build scientifically.and reasonable treatment of selective charges.