As a part of human right protection of a culprit, a modern country usually respects program selective right of a culprit and gives it to the culprit, that is to say, the culprit has the right to choose the related program of penal proceedings by depending on the free will of the culprit such as the choo- sing of adjudication program and adjudication method. Although the program selective right is not re- garded as the most basic and important lawsuit right of a culprit, the program selective right has theo- retical basis and has due process of existence and development and should be attached importance to.