Study On The Jointer Of Offense For Alternative Charges

Alternative charges belong to the generalization and summarization of the crimes stipulated in the legislation of China’s justice,and are listed as three major types of crimes together with single accusations and generic accusations.The number of selective crimes in China’s criminal law sub-clauses is large,accounting for about onethird.How to correctly apply selective charges,outlining the laws and criminal law concepts contained therein,has important value and significance.The formal characteristic of selective crimes is "selective applicability",which can be applied in a decomposed manner or in a general manner.It contains three major functional features,namely "legislative economy","general applicability" and "equivalent legal benefits".Legislative economy is the functional feature of selective crimes,which aims to integrate the common and concomitant sub-crimes;general applicability is the judicial feature of the Adaptability Principle of Crime,Responsibility and Penalty to selective crimes,which can be applied in a general way when the sub-crimes of selective crimes are realized in reality;legal equivalence is the substantive feature of selective crimes,which fundamentally restricts the scope of selective crimes.According to the above characteristics,alternative charges can be divided into "real alternative charges " and "not real alternative charges ",and those that formally have the appearance of alternative charges but do not really meet the functional characteristics of alternative charges are not real ones.In criminal law theory and judicial practice,the biggest confusion regarding the determination of alternative charges lies in the problem of the jointer of offense of alternative charges,and there are two improper tendencies of "lenient one crime" and "arbitrary number of crimes".In fact,for the problem of the jointer of offense of alternative charges,it is necessary to identify the basis of alternative charges and adopt the proper theory of standard of list of crimes to determine the standard.The "standard of criminal composition" of our criminal law is only a formal standard,which cannot solve the complex problem of competing crimes of selective crimes,and the concept of "same legal interest" must be introduced to identify and specifically apply the principles of comprehensive evaluation and principles of prohibiting repeatable evaluation.The principle of comprehensive evaluation and the prohibition of repeated evaluation must be applied to the analysis.For the jointer form of offense for alternative charges,combined with the established the jointer of offense theory system in China,the system of the jointer of offense for alternative charges can be constructed: first,the true alternative charges of one crime,including the typical one crime and the atypical one crime;second,the true selective crimes of several crimes,including the same kind of several crimes and the different kind of several crimes;third,the not true alternative charges of one crime and several crimes.In addition to the introduction and conclusion,the full text totals four parts as follows:Chapter 1: Overview of alternative charges.First,the general concept of alternative charges is introduced;then,the three main functional characteristics of alternative charges are demonstrated: legislative economy,general applicability,and equivalence of legal benefits,which provide conceptual tools for solving the problems related to the competing crimes of alternative charges later.Chapter 2: The issue of co-criminal concurrence on selective charges.This paper summarizes the problem of co-occurrence of crimes in judicial practice of selective crimes,which are mainly manifested as "one lenient crime" and "several crimes of randomness".Chapter 3: The inclusive category of alternative charges.The chapter includes two aspects: firstly,it proposes three criteria for identifying alternative charges by applying the formal and functional characteristics of it;secondly,it identifies the real alternative charges one by one by taking into account the generalization of various types of alternative charges in the academic field.Chapter 4: Criteria for differentiating the number of crimes in alternative charges.Firstly,we criticize the shortcomings of the general theory of the number of crimes in China,the "crime composition standard theory";secondly,we try to propose a twolevel criterion of the number of crimes based on the evaluation of legal interests,and advocate the systematic application of the principle of comprehensive evaluation and the principle of the prohibition of repeated evaluation in the problem of competing crimes of alternative charges.Chapter 5: Alternative charges of one crime and several crimes.Mainly combined with China’s established the jointer of offense theory system,the system construction of one crime and several crimes for real alternative charges and not real alternative charges.