Conviction Zonglun,

From conviction was at the first time systematically and specially studied as an important content of criminal law theory system by criminal theory experts of ex-soviet in 1960's , it was not a long time .In China , criminal theory experts began to treat conviction as one content of criminal theory after Professor Hebingsong put forward adding conviction into criminal structure theory in 1986. The issue of conviction was afterwards centralized at the definition, scenario, foundation, principle and logic of conviction, however, there is still not a systematic and mature theory system about conviction, this could not meet the demand of conviction activities itself.In Chinese, conviction is a legal word and exists in both Chinese criminal law and criminal procedure law. But it is far from a legal conception, because the connotations of conviction are different and there is no precise definition of conviction in Chinese criminal law and criminal procedure law. There are about twenty alike or unalike definitions of conviction inside and outside China; these definitions are differ in their upper concept or essential factors. Through concretely analyzing the basic characteristics of conviction, this thesis says that conviction is the trial activity, according to criminal law, of deciding the defendant's accused action is guilty or not and if guilty, what kind of crime it is.Conviction theory system is an organic whole, which is formed by its basic contents in a logical order. This thesis takes for two kind of construction mode for conviction theory, one is subject to criminal law theory, and this mode is advocated by many criminal scholars nowadays. For conviction theory is one part of criminal theory, it is restricted by the studying object and structure of criminal law theory. Therefore, conviction theory system could not include all contents of conviction theory, The other is independent conviction theory construction mode, which reckons conviction theory as independent theory but not one part of criminal theory, this mode includes three parts, the first is the common principles of conviction which is suitable to any conviction activity, the second is special regulations of conviction that are suitable for one kind of conviction activities, and the third is the application of such common principles and special regulations in conviction activity of concrete crime. Such three parts form the complete conviction theory system: conviction pandect, conviction centavo and conviction apiece theory. Hereinto, merely conviction pandect is chosen to be studied systematically in this thesis.Conviction principles refer to the essential conduct rules that court must follow in the activity of conviction. Conviction principles advocated by different criminal scholars are different for these principles are formed in different time and with varied criterion, hereinto the criterion of the headstream of conviction principles is ignored by criminal scholars at large. Conviction principles must have their legal ground, however,the ground of conviction principles is different from that of criminal law or criminal procedure law, and is not directly stipulated in the code, but based on the principles of criminal law and criminal procedure law. The contents of conviction principles are the principles of factual foundation, of legal ground and of judges' attitude toward conviction. After rationally analyzing the varies standpoints about conviction principles, in this thesis, conviction principles comprise principles of factual foundation, conviction according to law, equality in conviction, and each principle is explained.The legal standard of conviction refers to the legal criterions and regulations the court should obey in conviction activity. Scholars rarely distinct the legal origins and contents of legal regulations, as a result, they dispute mixing the form of the legal base of conviction and contents. The legal standards of conviction should be distinguished into two parts: the form and content. The form of the legal...