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Mode of conviction

Author: TanZuo
Tutor: LiYongSheng
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Convicted mode The concept of crime Principle of Legality Crime Constitution Theory Conviction based on Criminal judgment Legality and rationality Criminal law norms Common law and civil law Sin
CLC: D914
Type: Master's thesis
Year: 2003
Downloads: 112
Quote: 2
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Abstract


The aim of this article is mainly about a probable solution to of the conflict between the legality and reasonability occurred in the conviction.This article is total to about 50,000 words, divided into five parts:Part 1 addressed some preliminarily problems about conviction, put forward to some statements to doubt conviction in a whole;Part 2 expounds conviction’s fundamental theory and differentiates and analyses conviction’s definition and the standard it should be according to, clarifying the significance and function of criminal-law norm means to conviction.Part 3 tries to proof conviction’s justification. Demonstrated from 2 angles, to illustrate conviction’s legality in the macroscopic stand, to find the effect what judge brings to conviction’s justification in the judge’s point, which involves four elements: the body of the judge, the standard of the judge, the process of the judge and the conclusion of the judge.Part 4 addresses much about three elements exists in conviction and the relationship of them in the proceeding of conviction: crime’s definition, crime’s constitution, and principal of legality ;Part 5 will suggest a possible method to dissolve the problem about which the legality and the reasonability of conviction seems sometimes contradict with each other: guided by the conception of principal of legality, unite crime’s definition and crime’s constitution and take use of each of these two’s function in conviction, thus a reasonable judgment maybe attained.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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