On the principle of unified conviction of people's courts

Conviction principle is a rule that should be followed in conviction activities, and it is the principle of unity of subject and object. Subjectivity and objectivity here refer to the criteria for judging crimes.

Subjectivity refers to subjective criteria, and subjectivism is the only evaluation criterion. Objectivity refers to the objective standard, and objectivism is the only evaluation standard. The unity of subject and object refers to the adoption of the double standard of the unity of subject and object in criminal evaluation.

Extended data

Conviction content

1, convicted and innocent

The main task of conviction is to distinguish crime from non-crime The boundary between crime and non-crime can be divided into the following two situations:

(1) Distinguish the boundary between crime and non-crime according to the nature of behavior. Any crime is an act and has a specific nature. Therefore, whether it is an act stipulated in the criminal law becomes the main basis for conviction. The criminal laws of various countries generally take the nature of behavior as the standard to distinguish crime from non-crime. As long as there is an act stipulated in the criminal law, it constitutes a crime, regardless of the seriousness of the act.

(2) Distinguish the boundary between crime and non-crime according to the degree of behavior. In this case, we should not only consider the quality of behavior, but also consider the quantity of behavior, that is, the quantity factor of crime. In other words, it is not the implementation of a certain act stipulated in the criminal law that constitutes a crime. Whether it constitutes a crime depends on the severity of the act.

2. Determine this crime and that crime.

Distinguishing this crime from that crime is also the task of conviction. Every kind of crime has a specific illegal meaning, and different legal evaluations have been made in the criminal law. Therefore, in the conviction, we should strictly distinguish the boundaries between this crime and that crime, in order to correctly apply the criminal law.

3, determine the misdemeanor and felony

There are differences in the severity of crimes. According to the severity of the same crime, criminal law often stipulates more than two sentencing ranges. China's criminal law distinguishes between misdemeanor and felony according to circumstances and amount, and correctly identifying the circumstances and amount of crime is the key to distinguish between misdemeanor and felony.

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