On Discretion In Proceeding Of Conviction

Discretion in proceeding of conviction is one of the important components in discretion in criminal proceedings. There is a shortage in the study about discretion in proceeding of conviction, such as its concept, boundary region, influencing factors and regulation .And the author is going to engaged in the problems above.This article contains five parts: The first part is the summary of discretion in proceeding of conviction. And this part contains these contents below: the concept of discretion in proceeding of conviction; the argument about the value of the being of discretion in proceeding of conviction; the practical action of discretion in proceeding of conviction; the relationship between discretion in proceeding of conviction and the principle of legality. The second part is the boundary region of discretion in proceeding of conviction. During the proceeding of conviction, discretion of the judge is usually seen., For example, when recognizing facts, and finding the corresponding legal, and so on. The third part is about the influencing factors of discretion in proceeding of conviction. The author divides these factors into three kinds: factors of formal system; factors of informal system; factors outside system. The fourth part is about the regulation of discretion in proceeding of conviction. We can regulate discretion in proceeding of conviction from the following aspects: the thinking mode of conviction; the procedure mechanism; the individual quality of the bodies of conviction.