Conviction Comparative Analysis Of The Mental Model

Conviction and penalty are the main subject matter of criminal law.Each country has its own theory or operation mode on series of Conditions about the constitution of crime in system.The theory and operation mode of one country are different from others according to their society nature,history background,cultural tradition and legal system.The theory of crime constitution in China was obtained from Soviet Russia,though it was suitable for the legislative and judicatory circumstance of the time,along with the social development,its logic problems become obvious.In order to construct a constitution system and mature theory fitting to China,we may make comparative research and exploration on the theory of crime constitution in the other two legal systems.In the Chinese conviction model,the constitution of crime is equivalent to crime and criminal responsibility.The paper focuses on the centralized Chinese conviction model,and anatomies its logic problems.With the intention of making the Chinese conviction model more mature,the paper reviews the conviction models of the other legal systems.While the structures and rules of the two legal systems are different from each other,their function and axiology are the same.The conviction models of the other legal systems both advance by degrees,during the advancing course,the accused may seize many opportunities to plead his case.Therefore,the paper proposes that the crime constitution shall be improved to a multilayer structure for better protection of the human rights during the judicial proceeding course.