The Study Of The Criteria For Applying The Selective Accusations Summarily

The selective accusation is an important type of accusations in our criminal 1 aw system.As is known to all,we can apply it summarily or not.Apply it divid ually is very easy.But it's so difficult to decide to whether apply this kind of ac cusation or not,especially when a specific case involves a number of elements of the crime.Thus,the criteria for applying the selective accusations summarily bot hers the theory and practice circle.And with the development of the selective acc usation,the contradiction has been increasingly conspicuous.At present,there is a great controversy about the Criteria for Applying the S elective Accusations Summarily in our country.And it has not yet formed a parti cularly powerful theory.According to the author's summary,there are some typica 1 academic points of view,such as the "the theory of close contact" "the theory of crime of amount" "the theory of close contact in a narrow sense" "the theory of separation" "the theory of suiting punishment to crime".Although those theorie s have rationality in some cases,there also are some problems,such as breaching the principle of legally prescribed punishment and suiting punishment to crime.In particular,"the theory of close contact" neglects the particularity of person al proprietary legal interest,as it is easy to lead to light punishment.And it also neglects the existence of China's accumulative punishment system.Although "the theory of crime of amount" extends the ranges of applying the selective accusati ons summarily,it neglects the cause of formation of the selective accusation.An d It's easy to get heavy sentences.In addition,"the theory of suiting punishment to crime" narrow the scope of applying the selective accusation undeservedly,and it also neglects the particularity of the homogeneous selective accusation.Besides,"the theory of separation" has the self-contradictory problem.Some theorists thin k that if the several behaviors don't have the absorptive relationship,we can't ap ply the selective accusations summarily.This view neglects the unique position in the theory of plural crimes of the Multiple-choice Crime.Some people think that when the several behaviors don't have the inheriting relationship,the application of applying the selective accusation undeservedly depends on if there the special provisions.This theory neglects the particularity of personal proprietary legal inter est and the existence of China's accumulative punishment system,and it also lack s of maneuverability.At last,"the theory of suiting punishment to crime" confoun ds the applying the selective accusation undeservedly with the treatment of the se veral crimes of one kind.What's more,it also has the self-contradictory problem?In order to solve this problem,the author will discuss this issue by using cla ssification and learn other theories.We will classify the selective accusations into different tiers,according to the standard of the scientific degree of the accusation,whether there special provisions or not.In terms of unreasonable selective accusation,for a part of crimes of product ion and sale,when the actor produce some fake or substandard commodities,and market them,we can apply the selective accusation undeservedly of course.And the crimes of making and spreading are similar.It is important to note that whe n the actor produce the fake or poor quality products for sales purposes,although these are not sold,if the value of goods appropriates to the standard,we also c an apply the selective accusation undeservedly.Of course,the case is determined to be unaccomplished.And when we are faced with the crimes of theft and robb ery,the crime of maiming the inhabitants and plundering the property of the resid ents during the war,and dereliction of duty crime of military desertion,we also can't apply the selective accusation undeservedly.And for the selective accusation of inheriting relationship,we should raise th e threshold of applying undeservedly.Fine words,when the several elements of th e case have the inheriting relationship,we should apply the selective accusation u ndeservedly.And if these several elements don't have the inheriting relationship,we can't apply this kind of accusation in principle.But if there has the regulatio n of amount offense,we also should apply the selective accusation undeservedly.And in order to guarantee human rights,we should avoid repeating the amount of the object of the crime.In other words,when we calculating the amount of the object of a crime,we must be cautious.At last,for the homogeneous selective accusation,the criteria for applying su mmarily must be controlled.When we solve the problem,we should pay attention to the specific number of crimes.Firstly,for the pure crime and the successive offense,we must apply the selective accusation undeservedly.Secondly,for the co ntinuous offense,we should apply the selective accusation undeservedly in principl e.But when the personal proprietary legal interest is violated,we should consider the severity of punishments.Thirdly,This is true with the crime of same nature.Fourthly,when we can get reasonable result of sentencing,we also can apply th e selective accusation undeservedly.And at last,some special selective accusations must be disscusssed.When the sveral behaviors have the same relationship,we must apply the selective accusation undeservedly.And it is possible to apply the subject selective accusation undeservedly.