Research On The Relationship Between Criminal Law And Criminal Procedure Law

The criminal law and the criminal procedure law are two independent departments of law,the criminal law can't operate in actual without the criminal procedure,and thus realize national penalty power become the important purpose of the criminal procedure law,hence the complex relationships of interaction was established with each other.For further research on the relationship between the criminal law and the criminal procedure law,but avoiding the lack of depth,the dissertation discussed the interlaced application of the criminal law and the criminal procedure law in the facts determination and the application of law based on the conviction and sentencing in a criminal trial as the research angle of view.The dissertation consists of three parts and eight chapters,complying with the logical structure from theoretical analysis to concrete analysis,theoretical analysis to practical analysis.The first level includes the introduction,the first chapter and the second chapter.The first part is the basic theory of interaction relationships between the criminal law and the criminal procedure law.It is the theoretical orientation of the relationship between the criminal law and the criminal procedure law,established the basic framework of the dissertation.The introduction part introduces the research background,research status and research ideas and methods.The first chapter expounds the connotation and relationship of the criminal law and the criminal procedure law,and points out the existing problems and solutions in the relationship between the criminal law and the criminal procedure law.The second chapter discusses the reasons and methods of the interaction between the criminal law and the criminal procedure law,and emphatically analyzes the functions,significance and results of the interlace application of the criminal law and the criminal procedure law.It points out that the criminal law and the criminal procedure law act functions as standards of behaviours and judgments,generating the specific law as the legal origins of the conviction and sentencing.The interlaced application of criminal law and criminal procedure law push forwards the conviction and sentencing to terminal,provides the double guarantee of substantive law and procedural law for the realization of the justice of conviction and sentencing,the result of the mutual fusion generating the specific criminal judgment.The second level includes the third,the four and the five chapter.The second part analyzed the interlaced application of criminal law and criminal procedure law in the conviction.First of all,this paper discusses the facts of conviction and its proof,the legal basis and legal control of conviction according to the logical order from the facts to the law.Then following the logical thinking from legal theory to practice,from finding problems to solve the problem,based on 100 cases of criminal judgment text,the research show the interlaced application of criminal law and criminal procedure law in the process of entering a conviction conclusion.The third level consists of sixth,seven and the eight chapters.The third part analyzed the interlaced application of criminal law and criminal procedure law in the sentencing.First of all,this paper discusses the facts in the sentencing and its proof,the legal basis and legal control of sentencing according to the logical order from the facts to the law.Then following the logical thinking from legal theory to practice,from finding problems to solve the problem,based on 100 cases of criminal judgment text,the dissertation show the interlaced application of thecriminal law(criminal substantive law)and the criminal procedure law in the process of entering a sentencing conclusion.The conclusion part summarizes the main contents and basic viewpoints,pointed out the interlace application of the criminal law and the criminal procedure law in the conviction and sentencing of the criminal judgment is complex: the criminal referee is the synthesis of the conviction conclusion and the sentencing conclusion,which is the product of the communion between the facts and the applicable law.The facts of conviction and sentencing are the facts of the criminal judgment;The criminal law(criminal substantive law)and the criminal procedural law are the legal basis for criminal judgment.The identification of(conviction and sentencing)facts is the prerequisite for the application of criminal law;the application of criminal law is the purpose of the identification.