| The general idea of this paper is in accordance with the process of implicit knowledge toexplicit this tacit knowledge of the criminal justice referee criminal conviction, a doctrinalopen. This process is also observed from the practice to the theory enhance to thespecification of the process of integration into the description from the experience. For morevivid, the image and comprehensive display of this process, the integrated use of lawanthropology, sociology of law, sociology of knowledge, judicial ecology, subject knowledgeof the norms of criminal law to criminal conviction recessive Criminal Justice Refereeobserve, describe, explain, Discrimination and expand. Corresponding to this, the full text inaddition to the introduction and conclusion, the text consists of four chapters are discussed,and each chapter narrative and argument indeed, show different research methods.Introduction to the part of the main account of the awareness of this problem, literaturereview, analysis framework to study the significance and the fieldwork. The authors believethat a criminal conviction as a "reverse" conviction thinking or logic, contemporary Chinesepractice of criminal justice in the objective existence of a pending doctrinal to the scale shownin the tacit knowledge of the criminal justice referee. Therefore, attention to criminalconviction and not "making a fuss", but on the basis of a strong awareness of the problem, anda deep academic mission. From both domestic and foreign research achievements, researchrelevant to criminal conviction in two dimensions on legal methodology and Criminal Law.Former extraterritorial law philosophy investigator for the public, while the latter are mostlydomestic criminal law scholars. Point evaluation, due to differences in socio-economicstructure, geographical and cultural tradition of the rule of law development level, in additionto researchers lack the necessary experience ", and therefore the extraterritorial scholars cannot and, in fact, can not be in-depth understanding of the transition judicial field domain tocriminal conviction, as well as birth and dominated those complex social background causesof criminal conviction or the underlying logic of power. In contrast, Chinese scholars moretouches on the problem of "comparative advantage", and knowledge of the possiblecontribution. But for a long time, subject to the limitations of the traditional method of theCriminal Law Research, most of China’s criminal law scholars rely heavily on analysis of thelevel of norms and values, really look As for whether to criminal convictions, accurate formation mechanism and its potential logic the tracing and interpretation are still not withoutdoubt. Have given the theoretical and methodological contribution of local knowledge andtacit knowledge, this article attempts to "hidden criminal knowledge of the administration ofjustice" as the analytical framework of a criminal conviction, the sociology of knowledge,trying to be a sociology of knowledge or judicial research, in order to solve the existingstudies of the "Unsolved Mysteries". This study not only contribute to criminal jurisprudenceknowledge transformation, Criminal Law Methodology rich, but also helps to judgeincremental judicial knowledge and the rationalization of the conviction and sentencing.Finally, the analytical framework and research approach determines the fieldwork will beessential to criminal convictions, thus article, select and enter the field, the commencement offieldwork to do a little explain.This chapter named "mirroring the knowledge of the criminal conviction, designed tomake comprehensive use of story narrative, fieldwork and literature analysis and summarizedthe current state of knowledge of this" reverse "logic convicted of criminal conviction hookstrategy and portrayed. The authors believe that, as a "reverse" conviction thinking or logic, tocriminal conviction is not a theory scholars Den mysticism, but the spontaneous product ofrecent Chinese practice of the criminal justice process. It is the the career criminal judgegroups in difficult criminal cases in the administration of justice in the punishment of certainsins given practical knowledge Washback. Because of its policy-oriented judicial activism andof the public voice of the administration of justice in the moment can form some extent inresponse, and thus the more disperses that gradually became a kind of action in the judiciallogic-even though users are often tacit not to declare. But on the other hand, it is preciselybecause of this judicial dealings "unspeakable" and the system concept "difficult lives theTemples" makes this conviction logic can not be "Broadly speaking", making it difficult toform a uniform and intellectual genealogy of the system, in order to accept the tasting of theworld. Which in turn "Forced" only in an implicit knowledge of criminal judicial referee-likestate of existence, and may at any time be denounced as a "Chinese-style clever tricks andwicked craft. This not only Akira table sensational cases in recent years, is also the author’sfieldwork confirmed. Judicial practice is not only theoretical research inexhaustible power,and is the source of an important theme of academic writing. Criminal conviction inknowledge representation anyway in the system as well as knowledge of the situation of theembarrassment, greatly inspired the the academic scholars imagination. Such as "criminal conviction" and "criminal system of crime","the sentencing and conviction interactive ’"syllogism inverted "and" in accordance with management Xunfa "and so the theoreticalproposition put forward, no doubt to criminal conviction" reverse type "conviction thinking orlogic keen to capture academic. However, it is undeniable that these theoretical propositionsput forward are more or less mingled with scholars of judicial practice to criminal convictionof some kind of reasonable academic imagine what that criminal conviction claim what isoften less clear. The authors believe that, as a "reverse" conviction logical thinking, which isalso a practical knowledge of the administration of justice, criminal conviction basicpropositions:(1) the conviction of the purpose of the activity settles in seeking punishmentvalidity on;(2) the development of the law contained in the attached Crime and Punishmentreasonable system to maintain prudent suspicion;(3) advocate systemic understanding of theconstituent elements and functions to recognize legal punishment;(4) stressed the function ofmutual legal principles economic command with the spirit of the specific rules.The second chapter in this chapter named "criminal conviction of knowledge production",designed to absorb the essence of recent sociological research process-events "and" structure-System analysis methods, the use of law anthropology and law society school the cases toextend the analysis method to reveal the criminal conviction,"the reverse conviction logicknowledge production. Of fieldwork observation and found a number of cases in two attemptsto pick "a positive and negative" to criminal conviction cases, trying a vivid behind thecomplex plot context and tough referee process of the two cases the administration of justicedepicts, in turn based on some key plot in the two cases to be the extension discussion andanalysis, in order to reveal the actual production situation in contemporary China in the fieldof criminal justice criminal conviction. The authors believe that, as a a hidden criminal justicereferee knowledge to criminal conviction is not only extremely complex knowledgeupbringing production causes, but also contains a very deep knowledge production powers oflogic. It is this particular occupational groups, the criminal judge and a judicial environment"transition" a pressurized system "informal operation of law. In detail,(1)"transition" get outof the social background of criminal justice;(2) pressurized system is able to escape thecriminal justice system bound;(3)"judicial governance" criminal the judicial the policiesdriving force not immune to (4)"Crime and Punishment is not the typical" is the inevitablecriminal justice qualitative confused. Therefore, in the present Chinese criminal conviction ofthe presence of such a "reverse type" conviction thinking or logic, its historical necessity and practical rationality. In other words, it is both a product of social transformation and the valueof re-engineering-the condensation of some provisions of the present historical conditionsand ideologies, is an important channel for such social transformation and the value ofre-engineering-Enlightenment and reinforces social value. Even if we temporarily put asidetheir Criminal Law Teaching sense of legitimacy with regard to the issue of whether to talkabout the only moment prevalent in China’s criminal justice, such as (1) the administrativebody (machine) system;(2) tensions law review constraints relationship;(3) strict misjudgedcases accountability, and (4) the privacy of technical experience dissemination of this thehidden criminal justice referee knowledge produced and expand constitute the constraints ofreality. This determines this "reverse" conviction mentality or the logical impossible tobecome "universal knowledge" in the sense of a judicial cases referee, but only in a difficultcase "processing technique" recessive exist.Chapter III of this chapter named "knowledge paradox to criminal conviction, integrateduse of function dialectical analysis method designed to try to return to the system andstandardize the level of the first two chapters on the basis of empirical observation andanalysis, up, in order to view the actual significance to the criminal conviction of this tacitknowledge of the criminal justice referee system, standardize construct. Compared with thetraditional "sin given criminal convicted of" institutional thinking to criminal conviction ofthe existence of this "reverse the conviction thinking or logic, clearly constitutes an orthodoxknowledge of the" reactionary "and" betrayal." The problem is that the "reactionary" and"betrayal", while you still have some degree of construct, that contains some kind ofinstitutional innovation and knowledge innovation possible. Further, the presence of such tacitknowledge in turn the criminal process of the rule of law in China that realization of legalityimpact on how systems and norms or risk? The authors believe that this tacit knowledge ofthe criminal justice referee to criminal conviction in the moment is a rather practicalknowledge of the "paradox". In other words, the logic of the administration of justice as anaction or judicial local resources to criminal conviction for criminal rule of law can bedescribed as the advantages and disadvantages. Their knowledge contribution mainly asfollows:(1) expand the the connotation of Crime and Punishment relationship (2) correctiveordinance Tendency;(3) bridging the fracture reasonable jurisprudence;(4) to respond to therequirements of judicial activism;(5) Judge incremental knowledge outputs. Their knowledgeof risk mainly reflected in:(1) to bury the authority of the criminal legislation (2) break through the principle of legality; constitute to (3) the impact of stereotypes;(4) digestioncriminal norm;(5) slid Cady judicial the abyss. In view of this, this tacit knowledge of thecriminal justice referee, at the same time give the necessary humane care, should continue tobe necessary vigilance.Chapter IV of this chapter named "knowledge of the criminal conviction Way Forward",aimed at the use of normative analysis method, the prospect of criminal conviction this tacitknowledge of the Criminal Justice referee knowledge prospects. This outlook is actually alsocontains a quest system and standardize the way out or the end-result of criminal convictionknowledge. The authors believe that a strong knowledge of the discourse on The criminalconviction tacit knowledge of the administration of justice, the use of traditional criminal lawdoctrine extrusion, the highest judicial organ of the administrative command to be knowledgeshield "curried" effect, not only can not play, hand, there may be criminal judge criminalconviction occupational groups will be transferred to a more intimate occasions disorderly use.Digestion within the system, on the other hand, seems to be the ideal choice, but China in themoment, trying to smooth out the crime and mitigate (Free) punishment mechanism stillexists great system and mechanism bondage. In contrast, such as the criminal legislationabsorption "," judicial interpretation digest "," accepted "type of case guidance systemdigestion mode, it seems that more is expected to fundamentally digestion criminal conviction,but in-depth analysis, it is not difficult to find their respective There is considerable ills.Therefore, in the present China, this tacit knowledge of the criminal justice referee criminalconviction, take the shield digestion be knowledge to respond, apparently realistic norappropriate. The authors believe that the doctrine of Criminal Law to be effective knowledgeabsorption and accommodate the reasonable elements of the criminal conviction, may be arelatively rationalism advocate. In accordance with this approach, it should be will criminalconviction the defining of suiting punishment under the guidance of the principles of criminallaw interpretation methods or guidelines, so access to the knowledge of the criminal lawdogmatics system. In this regard, the specific approach to extract from the judicial practice ofthe following five relatively mature criminal conviction of criminal law doctrine, priorityadmitted to entering into traditional criminal law dogmatics conviction rule exceptions.(1)For the Coincidence of Articles guilty, if applicable the special statutory crime of sentencingprinciple is clearly contrary to the Crime and Punishment adapt, addition to the CriminalCode expressly exclude common law, common law conviction (2) in preparing or proceed to implement the behavior of the process due to use a variety of means to enable the actions areconsistent with Dissimilar Crimes, except as expressly provided by law, should follow theset’s wrong sentencing is most in line with the principle of suiting punishment to consider.(3)The law clearly defined set of one crime or several crimes Implicated basic guilty on the basisof absorption guilty given when a not sin of suiting punishment should fit the crime andprinciples guiding a set number of crimes (4) results or have heavy behavior, and the behavioris in line with his the crime, and criminal law is not expressly provided another felonyconviction, determined the basic sin or given transformed the crime should fit the crime andprinciples for guidance.(5) due to heavy legal punishment, Accomplished prevailing theoryfinds patterns of crime will lead to sentencing manifestly inequitable Accomplished standardsappropriate delayed...
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