Research On Judicial Adoption Of Selective Accusations

Selective accusations stipulated in the criminal law of our country, the legislation has not been clearly put forward the concept of selective accusations, but it is an important concept in the theory of criminal law. The presence of selective accusations in criminal law in our country has its necessary, and it is the refinement of the phenomenon of crime in practice, also a basic requirement for criminal legislation technology. This paper is divided into three parts, and it analyzes the difficult problems in judicial application and discuss how to correctly apply the selective accusations.Selective accusation is the choice of two or more elements intrinsically linked with the provisions of the criminal law, where the judiciary can select all or some elements of a crime in line with the constitution and not the implementation of punishment counts. Its characteristics are as follows:the direct objects of selective crimes are the same, selection factors are closely linked, and behavior identification is decomposable. There are some confusions in the judicial application of selective crime which include confusion of determining selective crime, judge of the accomplished offense and the attempted crime, and identification of the amount of crime. The causes of the confusions include negative effects of judicial practice, vague of judicial interpretation effect, selective charge itself the inherent defects of selective charge itself, and the difference of the level of case handling.As for how to apply selective accusations correctly, on one hand, the charges can only be regarded as a crime, and can’t generalize the whole charge, and also can’t be determined separately and then combined punishment for several crime charges. On the other hand, the form identification of crime the judicial personnel must grasp every choice attempted both factor analysis of behavior. For determination of the crime amount, judicial personnel should accord with the relevant judicial interpretations, make reasonable analysis to determine the reason.