Convicted Thinking Model Study

"Conviction is to define the crime, the core of criminal law and the main task of criminal prosecution". In our country, given that the research of conviction lagged, the research of conviction focuses on the concept, plot, basis and the principle of conviction. However, there is no systematic and mature theory of conviction, which does not correspond with the conviction request and makes the current theory unmatched with the demand of the principle and operation of legislation and justice. This status restricts the development of the criminal theory and the sound operation of legislation. Along with the evolution of crime, the desire of social control strengthens, as well as the growing appeal of safeguarding criminals' basic right. Conviction as well as the conviction pattern deeply rooted in the criminal law--crime elements-- face questions, at the same time are attributed with new requirements. In China, how to deepen the research of the theory of criminal system through further research and establish sound theoretical and practical thinking of conviction has the extremely important practical value.This article takes the principle of conviction in the American legal enforcenment practice as the beginning, through the pectination the criminal law of United States, the civil law and the socialist countries, compares the structure model as well as the conviction pattern, points out respective advantages as well as the existed questions; through the analysis of the realistic case of the three criminal law, testifies the existence of the conviction pattern. Meanwhile, this paper summarizes and refers to the theory of our country, through the analysis of current situation, the comparison of laws and regulations, development of theory, reference of experience and methods, attempts to find the way to consummate, solve and reconstruct the thinking pattern of criminal conviction, and further the development of our country criminal law theory.