A worthy of the criminal law on God question

[Peking University School of law11Undergraduate penalty final exam, answer keys and set descriptionThis paper is a detailed description of the car] teacher Hao around the examination in the final exam after the content, form and purpose for the proposition. The article is long, but for people interested in law and legal person, the patience to read will greatly benefit. If time is limited, can only pick the instance and reading, so my advice is: want to see the story, please read the first part; want to learn knowledge, please read the second part; to think about life, please read the third part.

The other by This test method car Hao teacher is very fresh, very can improve the enthusiasm of students learning. In recent years, I'm at Huaqiao University School of law in criminal law teaching, also found more and more traditional closed book examination question types (judge the question, multiple-choice, short answer, term explanation, discussion questions and so on) there are a lot of problems, for example, only students who memory ability, memory ability, who can get a high score, but once I graduate, contact the real life case, suddenly be taken by surprise, not knowing where to start to analyze the case. In fact, the education of our college of law in criminal law, the main teaching is the basic idea, the value of criminal law and criminal dogmatic interpretation technique, rather than simply examining the students' ability of memory, in the judicial practice, we cannot expect investigators (lawyers, judges, prosecutors) in time for the case, can not read the law, those who can remember things basically do not need the teacher to teach students to learn, you can. Therefore, in the past few years, I have been in the promotion of Law Faculty of law at the end of term exam reform, each examination, the case analysis topic have accounted for a large proportion (60%), and, in each case the back, are attached to the criminal law provisions may be involved (if it is an open book exam is not required), students are required to control the provisions of the criminal law on the case analysis to answer. From examination of these a few years, student's score is not very ideal, they still remain in the rote memory time, analysis the lack of laws and case analysis!

Therefore, in order to promote the reform of the criminal law of our country education examination, after the car Ho, I agree, the examination questions, examination shows that the reference answer and uploaded to my blog, hope to enlighten and help to engage in criminal law teaching counterparts.

The first part: the final exam

Examination time: four hours

Test method: the open book

Teacher: Che ho

(Note: the problem of time series to the case, the answer to the current criminal law as the basis, without considering the effect of)

1975Years5Month5DayThe afternoon4When the,18Year old Guo Fang stood5Floor roof, looking at the crowd below. Orphaned at an early age she was fine after graduation has not find work, mood depression, to jump off building Dutch act. For a crowd in a traffic jam, pass by here Zhang on the roof Guo Fang loudly booing taunt, urging its jump down. Guo Fang by the stimulus, feet another step forward. Downstairs has been comfort Guo Fang Yang Hai (civil servant, Guo Fang to crush the long) sees frightened, he picked up the brick is booing Zhang hit dizzy (minor). Guo Fang suddenly wake up, give up Dutch act.

Yang Hai tried to persuade Guo Fang to find a good work life, Guo Fang said he wanted most when fine. At this time, Gengmou because of real estate development of things for Yang Hai, by his refusal. Yang Hai later recalled Guo Fang's wishes, and contact telephone of a proposed land Geng, if approved, should be in the area of construction of kindergarten teachers, and would like to introduce. Gengmou received a phone call be overjoyed, readily answer, that is willing to bear all the construction costs, as long as the principal can be a. After the land approval process Yang Haiwei Gengmou provides help, green city district in1977Years1On successful completion. Yang Hairang, Geng contact Guo Fang, but don't ask yourself.1977Years3In August, Guo Fang as "tomorrow kindergarten" kindergarten, set up a shuttle children's school bus, hire a driver sun.5Month7Day, Sun Mou driving for running a red light while the other car collided with the car, two children and a teacher dead on the spot, Sun Mou panic over, picked up the car and left the property, direct and hide the field. The news came, Yang Hai worry Guo Fang implicated, then provide the property for the police began to investigate, fledAProvince. By this effect, Yang Hai jail, lost contact with Guo Fang.

Guo Fang fled to theCLater, for several jobs are often be lost in a reverie and dismissal, increasingly disappointed in life, began to prostitution in the nightclub.1979Years4In March, Guo Fang met with zhao. Zhao put himself a hut free to lend Guo Fang for prostitution, on condition that Guo Fang always meet the requirements. Guo Fang promised to.8Month12Evening, Zhao drunk knocked on Guo Fang's door, Guo Fang refused to open the door, Zhao deception is in take things, to open the door, in spite of the Guo Fang rebellion and forced to have relations with the. Afterwards, Guo Fang crying called to report, Zhao proposed both sides had agreed, even though Guo Fang to sue, oneself also not afraid. Both sides of the argument by Zhao wife Yu, Yu heard outside reason, burst into anger, Guo Fang decided to revenge.

1979Years9Earlier this month, Guo Fang finds herself pregnant, surprised, for children, decided not to prostitution, by doing part-time subsistence. Be pregnant8A month or so, Yumou found Guo Fang, suggesting that it is necessary to do a venereal disease inspection, and introduces Guo Fang to his cousin Dong hospital. Yu Mou and Dongmou deliberations, out of a false inspection reports of HIV infection for Guo Fang. Guo Fang got the report was shocked, asked Dong Mou that AIDS births basically is virus carriers. All thoughts are blasted. under, Guo Fang lose the courage to continue to live, to the baby to die.1980Years5Month2DayGuo Fang slams, at home in her abdomen and swallow the large sleeping pills. Happened to Zhao again to find Guo Fang, see it lying in a pool of blood, be frightened and change color, hurriedly sent to hospital first aid. After the rescue, Guo Fang survived, premature birth, but the doctor told Guo Fang, the fetus due to external forces and drug damage caused by physical deformity, grow up to be lame. After this a dead resuscitation, Guo Fang decided that no matter what the future, are now trying to bring up the child. Because I do not know the father who, it did not give their name, only the name of A.

Guo Fang after discharge, moved from Zhao's, and decided to re in the nightclub prostitution, by this way the transmission of HIV to those of recreation seekers who own.1981Years7In March, Guo Fang met feng. Feng Guo Fang crazy, put forward to long-term contact with Guo Fang. Guo Fangzheng want to infect this kind of man, and promised to pingmou request.1981Years9Month, two people began living together. The following year, Feng Guo Fang care to add, Guo Fang gradually moved by his. At this time, Yu Mou, to tell Feng Mouxiang about the threat of AIDS, to ask for Guo Fang5000Yuan, Guo Fang was very afraid, but I have no money, so the pingmou lie said that his hometown relatives got seriously ill, in urgent need of money, Feng pulled out5000Yuan to Guo Fang and said that no longer have emergency. Guo Fang was deeply touched, will pay more than some, and went to the hospital to do inspection, the results found no aids. Guo Fang renewed enthusiasm for life, decided to treat feng.

1981Years12In August, Guo Fang go to the mall to return after Zhao Moujia, see no indoor, a mobile phone on the table, and the room will take to mobile phone, to a cable back more than5000Element. Yu out of a recovery, the two sides dispute, Guo Fang took out just from the mall to buy pliers threat Yu Mou, the mobile phone. Yu Mou bate, was posted on the Internet about Guo Fang before prostitution posts. Feng see neighbors knew of Guo Fang's past, and Guo Fang gradually turns away all day, beating Guo Fang, often using frozen hungry way abuse a. Guo Fang because guilty of Feng Mouxin, also have guessed that AIDS may be more than some things and Dongmou entrap himself from a series of events, but want to give a complete and stable home, so have patience.

Turned over the past decade, a growing up to14Years old. Due to the frequent by Feng maltreatment, and laughed at by his classmates lameness, gradually into the street.1994Years3Month2A day to take a shower, Bath City, to see a high will75No. wardrobe key card on the table, then the removed. A to the locker room after the waiter Lee claimed to be a friend, by their entrusted to take something, let Li Moukai first lock, and a key to open the second locks, made after the wallet, keys back. From the bath center, a high a wallet card to the supermarket shopping2000Element, and goATMTeller machines, to the card, that card is not out of others. Then press the "continue" button, then press the "withdrawal" button, taken from the Cary3000Yuan after leaving.

1994Years8Month after the divorce, Yang Hai and daughter moved to BCProvince, contact relatives von sometime, accident and Guo Fang. After the two meet romantic ways, Guo Fang Zhi Yang Hai on a piece of my infatuation. A outside heard two people talk, that Feng is not his biological father, associate these years Feng for his abuse, then up kill heart. Guo Fang accidentally discovered a intention, tried to persuade invalid, to Feng one up, in the hope of eliminating evil. But Feng did not agree, but beat Guo Fang. Downhearted, Guo Fang decided to make an end of all previous.10Month1DayZhao, Guo Fang, Yu Mou, Dongmou and von Moudou about to be home for dinner, the A and B hold out, Yang Hai had poisoned the wine, Guo Fang each toast a cup, in addition to Yang Haiwai, the presence of per capita down. Guo Fang asked yang to help her end of life as soon as possible, two people make together again. Yang Hai took the knife, watching the struggle at Guo Fang on the floor, as if to see20To jump off building years ago young girl, but he knew that everything has been unable to go back.

At the moment Yang Hai stabbed Guo Fang in the chest, and just come back, to push Yang Hai. A few people were taken to hospital after the rescue was taken away by the police. A see Guo Fang suicide, just understand Guo Fang is hoping to get her to settle all past grudges, let a can put down everything done, go straight, and B live together. A mother understand all the suffering and the love to oneself, big grief, no longer do street, back to school to study hard, and ethylene. After two years,1996Years passPBig.2000Years after graduation, to give up the opportunity to stay in the big city, the hometown of Guo FangAProvinceBCity. Girl b atBKindergarten is a kindergarten teacher, a into the public security system, are of a guardian of the school bus safety of traffic police.

The criminal responsibility of people in the home. (b100Points)

The second part: the answer points

Description: volume fraction100Points, to distribution according to test the performance difference. Test work by Zou Bingjian, Li Bo, mark Chen Tao and Li Quan four classmates to help me complete. When scoring points to answer as the reference standard, but not to the conclusion for the division and how many determining factors, but will consider the reasoning level. Unlike the answer given points I, but their views and argue strongly, scoring.

Criminal responsibility, Guo Fang

(a) for fetal homicide or assault?

1 Answer: (points1Relationship between fetal) and "human". (2According to the set point) acts and the implementation of separation theory, intended to harm the fetus against maternal behavior, can constitute the crime of fetal harm. According to this theory, intended to kill the fetus against maternal behavior, should constitute the fetal attempted murder. The problem is, if the attack of maternal behavior directly cause stillborn, is the criminal law on the "human" form has not appeared, the conclusion should be for any crime does not constitute a fetus. But this is a paradox: on the one hand, according to the theory of separation, at least not eliminate attacks fetal birth as the chance, is formed in the fetal intentional injury or intentional murder attempt. On the other hand, the direct elimination of aggressive behavior for people the opportunity to birth, should be more serious behavior, but does not constitute any crime in fetus. It would appear the phenomenon not penalty light punishment. In order to solve the above contradiction, is one of the ways to think all intended to kill the fetus against maternal behavior, no matter what the result is, does not constitute a crime according to the fetus, but the parent of the crime of intentional injury. (3In the maternal) under the circumstances of the crime, Guo Fang's behavior belongs to self injurious behavior is synonymous with Dutch act in nature, does not constitute a crime of injury.

2 Difficulty: ★ ★ ★ ★ ☆

3 Answer: a good score. Many students mentioned that China's "theory of independent breath say", so that the fetus excluded from the crime of intentional homicide object scope. There are some students based on death results did not show that the crime of intentional injury. Others will only Guo Fang "and the baby died" behavior generally defined as Dutch act behavior, thereby missing the constitute of fetal homicide this problem.

(two) aiming at Feng's murder, intentional injury crime or crime of spreading venereal diseases?

1 Answer: (points1The criminal law article)360The provisions of the crime of spreading venereal diseases, defined the syphilis and gonorrhea, but according to the Ministry of health of the "management approach" prevention and treatment of sexually transmitted diseases, HIV / AIDS is a serious disease. The judicial practice of the deliberate spread of HIV, but also by the spread of sexually transmitted diseases, crime case. In addition, according to the specific case, can also be identified as even the crime of intentional injury crime of intentional homicide. (2) the fact that Guo Fang is not suffering from AIDS, which belongs to the impossibility and attempted.

2 Difficulty: ★★★☆☆

3 Answer: a good score. Most students have found this problem, some students will be defined as intentional homicide; many students think that constitute the crime of spreading venereal diseases; there are also students that constitutes the crime of intentional injury; even there are many students think that constitute the crime of endangering public safety or throwing dangerous substance.

(three) aiming at Feng's fraud?

1 Answer: Guo Fang that money to relatives of cure, Feng is in error, and based on the error disposal of property, the total loss of the whole property5000Element. In this regard, the composition of elements of fraud seems to have complete. However, according to the German criminal law theory, the basic characteristics of the crime of fraud is "unconscious self injury", namely the victim is in a state of unconsciousness for their property losses must; if the victim for his loss of property are the understanding, cannot constitute a fraud. According to this, Feng for the5000Yuan no consideration, no return to action for Guo Fang, there is a clear understanding of the. Therefore do not meet the "characteristics of the unconscious self injury", cannot constitute a crime of fraud. In addition, according to the Japanese criminal law theory, some scholars think that the objective elements of crime of fraud in the "wrong" shall be limited to the legal interest related errors. The only on the property characteristics of their own awareness of the existence of error, to constitute a crime of fraud on the significance of error; on the contrary, no wrong understanding on the property itself and increase or decrease, but merely a mistake in the disposition of motivation or property go up, not enough to constitute a crime of fraud on the significance of "error". According to this, the case does not constitute a crime of fraud.

2 Difficulty: ★ ★ ★ ★ ☆

3 Answer: the score is in good condition. Most of the students think that the suspected of crime of fraud, and the concrete argument, that either positive or negative conclusion.

(four) the Yumou theft (burglary, theft and illegal possession of the purpose of carrying weapon)?

1 Answer: (points1The case involved a burglary) regulations. (2The provisions of this case involved) carrying weapons theft. You need to consider is, first, the pliers is different from the tool, not the natural properties of the weapon, but to use the "weapon". Second, how to understand the "lethal theft"? Limit should be interpreted as subjective is to steal and carry, this lack of objective relevance, should not be regarded as lethal theft. Guo Fang portable pliers before pass by more than a house, buy go shopping when the problem is not confessed, Guo Fang to theft than buying and carrying. (3The title) confessed, Guo Fang takes the mobile phone is intended to Yu Mou back to "5000Yuan "(Yu told Guo Fang5000Yuan), therefore, Guo Fang is going to change with the mobile phone5000Yuan, shall be deemed to be the objective behavior at the time, the purpose of illegal possession of the mobile phone is not (because of the return and negates the deprivation of meaning). Because of the subjective not has the purpose of illegal possession and does not constitute the crime of theft.

2 Difficulty: ★ ★ ★ ★ ☆

3 Answer: the scores of general. Most of the students think that the theft. There are also students lack the purpose of illegal possession based on denied that constitute the crime of theft.

(five) for more than one transformed robbery or embezzlement?

1 Answer: (points1Guo Fang) due to prior behavior does not constitute the crime of theft, and thus difficult to apply the criminal law article269The provisions of article, can not be identified as transformed robbery. (2) according to the description, after Guo Fang established the state of possession of others more than a mobile phone, to catch up with a dispute between the two sides, Guo Fangchi pliers threaten each other and mobile phone. This shows that, at this time Guo Fang in their own state of the mobile phone, the subjective have illegal according to the existing meaning, accord with the constitutive elements of the crime of embezzlement. (3) think before the Guo Fang act of theft, and in this episode is discussed in Guo Fang is accomplished or attempted theft, and analyze the263And the article269A relation, will be appropriate to.

2 Difficulty: ★★★☆☆

3 Answer: the scores of general. Most of the students think that the transformed robbery, and will buy pliers threat Yu Guo Fang ", behavior evaluation will take the mobile phone" to robbery or crime of blackmail and impose exactions on.

Zhao et al (six) for the crime of intentional homicide

1 Answer: (points1) constitute a common crime of intentional homicide and Yang Hai. (2) whether to belong to the crime of throwing dangerous substance? Involved in the crime of "public safety" understanding, there is no specific most people, most people and not a specific person the theoretical controversy.

2 Difficulty: ★ ☆ ☆ ☆ ☆

3 Answer: the score is in good condition. But there are also some students think that the crime of throwing dangerous substance or the crime of endangering public safety.

Criminal responsibility two, Yang Hai

(a) the Zhang of the crime of intentional injury?

1 Answer: (points1) elements with mayhem injury results. (2In order to avoid Guo Fang Zhang) stimulation and Dutch act, intentional injury to Zhang implementation, involving can apply justifiable defense and emergency hedge problem. Need to include issues, whether the behavior of Zhang belongs to the "unlawful infringement" or "dangerous", necessity and proportionality of the elements as well as Yang Hai's behavior is consistent with the means of defense or means of hedging.

2 Difficulty: ★★★☆☆

3 Answer: some students missing analysis whether self-defense or emergency. There are some students mistakenly from "minor" point of view does not constitute the crime of intentional injury, leading to this deviation.

(two) the bribery crime?

1 Answer: the key point is the point of "bribery" cognizance. First, introduce Guo Fang to go when the kindergarten belong to "bribe"? According to the "about the problems of bribery in criminal cases the law applicable opinions" article6Provisions, "state personnel who take advantage of their office for the benefit of trustees, demand or accept qingtuo people to give the specific relationship between the people the name of the organization of work, so that the special relationship is not the actual work but get the salary, shall be punished for taking a bribe." We can know from the reverse interpretation, followed by judicial interpretation, special relationship to obtain compensation through practical work, not by accepting bribes. In this case, Guo Fang has the actual work, so in this respect, not constitute the crime of bribery. Second, Yang Hai to Guo Fang suggested Gengmou built kindergarten, the kindergarten construction costs whether to belong to "bribe"? Considering the kindergarten property did not transfer, property and Guo Fang as the kindergarten, also with the judicial interpretation of the provisions of the "did not change the ownership change long-term borrow the car, the house" is different, therefore, in this case belongs to the kindergarten to bribery (if Guo Fang did not practice rather pay belong to bribery) and make preparations, itself should not be regarded as "bribery". Third, in this case the problem did not explain Yang Sea Grant is a "breach of privilege", thus not suspected crime of breach of privilege.

2 Difficulty: ★★★☆☆

3 Answer: the score is, some of the students did not analyze whether there exists the interest of property.

(three) to cover up the crime?

1 Answer keys: Criminal Law310Provisions, knowing it is a crime and provides a hiding place, for the property, to help them escape or false proof shield, constitute harboring offense or crime of shielding. In this case, cover up Yang Haiyou to help Guo Fang escape to the field. But the key is, Guo Fang is a "crime"? Generally, the so-called "criminals", is not limited to the law has been identified as a crime, including criminal suspects, and in fact commit a crime person. From the subject, explain the facts, Guo Fang could not bear responsibility for the driver Sun Mou behavior, not only relates to the accomplice, criminal responsibility is not related to the safety accident, and therefore can not be identified as "criminals".

(may have students to wonder, why say "in the title is affected in this matter, Yang Hai in prison"? This is obviously confused narrative. On the one hand, by this effect, may involve a kindergarten, which relates to the Yang Hai bribery problem. On the other hand, fault in the judicial practice of our country's situation there are many, is not surprising, therefore more outstanding instead Yang Hai poor).

2 Difficulty: ★ ★ ☆ ☆ ☆

3 Answer: some students missing the point lead to lose. Some students think that constitute harboring crime leads to crime judgment. Determine the Constitution in the harbor crime and not need analysis of Guo Fang is a crime, some students missing the point.

(four) to murder Zhao et al sin?

1 Answer: (points1) constitute a common crime of intentional homicide and Guo Fang. (2) whether to belong to the crime of throwing dangerous substance? Involved in the crime of "public safety" understanding, there is no specific most people, most people and not a specific person the theoretical controversy.

2 Difficulty: ★ ☆ ☆ ☆ ☆

3 Answer: a few students missing the point analysis. Some students hold because fruit cause errors that should constitute the crime of intentional injury. Some students at this point analysis, answer time arrangement somewhat reasonable.

(five) for the murder of Guo Fang's sin?

1 Answer keys: victim's consent cannot be ruled out murder crime. Have the consent of the victim and the act of killing, also constitute the crime of intentional homicide.

2 Difficulty: ★ ★ ☆ ☆ ☆

3 Answer: this point the students basic answer very well, but need to pay attention to is the part of the students the error that the attempted murder is not a murder.

Criminal responsibility three, Zhang

(a) the Guo Fang Dutch act whether constitutes the crime of intentional homicide?

1 Answer keys: should distinguish agree to kill and abetting others Dutch act. The former constitutes the crime of intentional homicide, the latter does not constitute a crime. Of course, there are also controversial theory. That constituted the crime of intentional homicide and can fully reasoned, also scoring.

2 Difficulty: ★★★☆☆

3 Answer: some students completely missing analysis of Zhang in this figure, lead to loss of marks. Most of the students do well, that does not constitute the crime of intentional homicide.

Four, Gengmou criminal responsibility

(a) bribery?

1 Answer keys: Yang Haiwei received "bribery", Gengmou certainly no bribe. In addition, in this case, if that Yang sea constituted the crime of accepting bribes, bribes bribes to. For bribes, criminal law389Provisions, "because be blackmailed gives property to a state functionary, gains no illegitimate interests, not bribery." However, in this case did not explain Gengmou approved land belonging to the "illegitimate benefits".

2 Difficulty: ★ ☆ ☆ ☆ ☆

3 Answer: some students completely missing analysis Gengmou that character, lead to loss of marks.

Five, Mr. Sohn's criminal responsibility

(a) the traffic accident crime (escape)?

1 Answer keys: three people died in this case, obviously constitute the crime of traffic accident. But the issue is explained, three per capita is killed on the spot, thus the case for "provisions of escape after traffic accident", but not "the requirements for the death caused by escaping".

2 Difficulty: ★ ☆ ☆ ☆ ☆

3 Answer: this point the students basic answer very well, but some students spend too much time and space, leading to the back answer time is not enough.

(two) the crime of embezzlement?

1 Answer: take away the dead point objects constitutes a crime, the classroom has repeatedly said, here no longer say.

2 Difficulty: ★ ★ ☆ ☆ ☆

3 Answer: analysis of the point of the part of the students missing, some of the students think that constitute the crime of theft.

Six, Zhao's criminal responsibility

(a) keeping prostitution?

1 Answer keys: Criminal Law359The provisions of the crime of prostitution.

2 Difficulty: ★ ☆ ☆ ☆ ☆

3Answer: the score better. Some students missing the point; some students think that analyzes the organization prostitution crime or assist the organization prostitution crime, then think Zhao does not constitute; some students wrong law, analyzes the organization prostitution crime, think Zhao no organizational behavior, so do not constitute the organization prostitution crime; a problem and more is, a lot of classmates think Zhao constitute the organization, force, induce, shelter, crime of introducing prostitution, confuses the differences between a group of specific charges and charges.

(two) trespass?

1 Answer: according to the point of description, "Zhao drunk knocked on Guo Fang's door, Guo Fang refused to open the door, Zhao deception is in take things". To trespass, mainly on account of the fact to non standard consent. As long as the natural sense of the facts of the crime of fraud to we can eliminate the effect of impact, here to. For example, a three that the repairman, landlord cheated and to allow the home, does not constitute the crime of housebreaking; but when the owner found after being asked to leave and do not leave, constitute a crime.

2 Difficulty: ★ ★ ☆ ☆ ☆

3 Answer: the score is not good. Many students miss the point.

(three) the crime of rape?

1 Answer: according to the point of description, "Zhao put himself a hut free to lend Guo Fang for prostitution, on condition that Guo Fang always meet the requirements. Guo Fang promised to." No doubt, get the consent of the victim, to exclude the crime of rape. But the problem is, the consent must be expressed in a sexual relationship at will, but not before the agreement or promise. The replacement, Zhao "in spite of the Guo Fang revolt and forcibly with what happens," explains behavior when Guo Fang did not agree, thus constituting a crime of rape.

2 Difficulty: ★ ★ ☆ ☆ ☆

3 Answer: the score better. But some students simply copy the rape crime, ignored the analysis of specific case; for this case is whether the victim agree to exclude the crime of rape, many students are not analyzed.

Seven, more than a criminal responsibility

(a) Guo Fang for the crime of intentional homicide or assault?

1 Answer keys: in this case, Yu Mou with Dong Guo Fang issued a false AIDS testing report, eventually led to Guo Fang "lose the courage to continue to live, to the baby to die" and put it into action, the final result is Guo Fang Dutch act attempted, and fetal birth due to external stimuli and disability. Here of course we must first consider the Yu Mou issued false reports of intention and the causal relationship objectively. Objective imputation on the problem, you need to consider is, more than one act to deceive others, whether can be the objective elements of the crime of intentional homicide? The crux of the problem is that, more than one behavior is the general accomplice sense of abetting the Dutch act, or indirect principal degree murder deception? If the former, then don't constitute murder (also the viewpoint thinks, the criminal liability part see Zhang); if the latter, constitutes a homicide. In this regard, the criterion should be combined with the specific circumstances and social general idea for comprehensive judgment. On the one hand, to consider the specific circumstances of Guo Fang I, on the other hand, also want to consider the social average reaction of ordinary people in this deception.

2 Difficulty: ★ ★ ★ ★ ☆

3 Answer: the score better. Most of the students discussed more than one action is achieved "indirect" level. Some of the students are discussed Dutch act Guo Fang and Yu is a behavior has a causal relationship, whether it can be attributed to a behavior (a few discuss the objective imputation), and no mention of "deception, abetting Dutch act" and "indirect", legal language is not enough. For more than a deliberate, basically no students referred to indirect intent.

(two) according to Guo Fang's blackmail and impose exactions on crime or fraud?

1 Answer: according to the case of more than one point, "to tell Feng Mouxiang about the threat of AIDS, to ask for Guo Fang5000Yuan ", clearly constitutes the crime of blackmail and impose exactions on. To be discussed is, Yu Mou that aids a pure deception, this false information to blackmail and impose exactions on Guo Fang, whether the other crime of fraud? This kind of deception and coercion to coexist, the classroom has been specifically mentioned, there are many cases, treatment results are not the same. The deception should be regarded as supporting stress, the stress content is reliable and available means, do not have illegal content alone, therefore only identified as blackmail and impose exactions on crime.

2 Difficulty: ★★★☆☆

3 Answer: most students thought established blackmail and impose exactions on crime, there are only one or two students believe that the establishment of the crime of fraud, there are several students Miss Yu Mou this behavior. But only the part of the students discussed the difference between fraud and blackmail and impose exactions on (but many students discussed the differences between a robbery and blackmail and impose exactions on the), only a small part of the students mentioned fraud, few students discuss reprehensible. Many students from Guo Fang Feng that "cheat" to discuss5000Yuan whether as Guo Fang's property loss.

(three) the crime of insult

1 Answer: according to the main description, "Yu bate, was posted on the Internet about Guo Fang before prostitution posts." The title only the account of Yu Mou released Guo Fang once prostitution information, but did not say whether any other attack or insulting language. So, the objective fact is released an insult? It should be considered, the crime of insulting law does not aim to protect people's privacy, the disclosure of privacy behavior may involve the infringement on the civil law, but do not constitute the crime of insult.

2 Difficulty: ★ ★ ☆ ☆ ☆

3 Answer: most of the students think that more than one acts constitute the crime of insulting, only a few students thought that the plot is not serious, do not constitute the crime of insulting; a few students think more than a description is an objective fact, does not constitute the crime of insult. Some students are here discussed the differences between a crime of insult and slander, compulsory indecency women crime. Some students confuse the substantive law and procedural law, that the crime of insulting tell just processing, Guo Fang did not tell, so do not set up the crime of insult.

Eight, Dongmou criminal responsibility

(a) for the murder of Guo Fang's sin?

1 Answer: some points of congruence.

2 Difficulty: ★ ★ ★ ★ ☆

3 Answer: a part of the students in the discussion of Yu Mou behavior discusses the Dongmou behavior, but in the conclusion was missing the Dongmou, no Dongmou act. A few classmates from the Dongmou identity of, think Dongmou act constitutes a crime, the crime of medical accident, breach of privilege.

Nine, Feng's criminal responsibility

(a) to Guo Fang with a crime of abuse?

1 Answer: according to the main description, Feng "day beating Guo Fang, often using frozen hungry way abuse a" suspected to constitute the crime of abuse, here. The criminal law article260Provisions, maltreatment of family members, if the case is serious, constitute the crime of abuse. Therefore, to discuss the case, one is Guo Fang, a whether to belong to the Feng family members; the two is whether the serious degree. It should be considered, the "family" is not limited to the meaning of marriage law couples and blood relationship this connection. The fact that marriage or long-term relationship, can be identified as the "family". From the title, Guo Fang and Feng long-term cohabitation, Feng and a form in fact foster father son relationship, therefore, Guo Fang and a can become Feng maltreatment crime.

2 Difficulty: ★ ★ ☆ ☆ ☆

3 Answer: some students think Feng acts constitute crime of abuse; another part of classmates think Feng and Guo Fang just cohabitation, Feng, Guo Fang and Jia does not constitute a family member, so Feng act doesn't constitute the crime of abuse, the establishment of the crime of intentional injury, but this part of students and a few students think Feng and a establishment of adoptive relationship, constitute the common life of the members of the same family, so Feng for Guo Fang's behavior constituted the crime of intentional injury, for a behavior constitutes crime of abuse.

Some students think Feng constitute acts of violence crime of interference with the freedom of marriage. But the problem is that Feng does not agree to "break up" instead of "divorce", and even if it is really a "divorce", the marriage of a party does not agree to divorce, also cannot constitute a crime.

Ten, a criminal responsibility

(a) for a purse of fraud or theft?

1 The answer points: first, to solve the case in question is, who is75The person in possession, in the closet, wallet? The owner of a high is undoubtedly possession, but a high on the key to open the second locks away wallet, also needs bathhouse attendant Li Mouxian opened the first lock. Therefore,75No. in the closet by a high property and bath center (Lee) joint possession. For the common possession of the property, should be in possession of all agree, to exclude the larceny objective elements of "break the possession". (the exception is, even if the possession of common people, but when the perpetrator is the only time, all property was able to set out the larceny) a waiter while deceive Lee opened the first lock, but the key to open the second lock has not been a high agree, because of this, because of not being share all agree, the original ownership has not lifted, so its removal75No. in the closet, purse, belonging to "break" possession of others, constitute the crime of theft.

The problem is, a waiter in Lee's cheat how qualitative? In this view, because the possession of property in the only part of the possessor's consent and without lifting, therefore, Lee open transfer first lock behavior caused no ownership, but just relax, ownership therefore, there does not exist a fraud on the significance of the "disposal of property", so it does not constitute the crime of fraud.

This may have different ideas and points of view. Someone may think, Lee knows a hold second lock key is to take a high property, as long as Lee opened the first lock, which is equivalent to a high of a property disposition. This is the objective situation, Lee is also very clear. Therefore, in this case, Lee opened the first lock, in relation to what is the determination of indirect principal offender triangle fraud or larceny tool. This involves the application of camp theory, objective theory as well as the audit authority duty view. To understand the problem from this point of view, are appropriate to.

2 Difficulty: ★ ★ ★ ★ ☆

3 Answer: the score is. Most of the students or from the triangle fraud or from the indirect perpetrator of theft of the criminal responsibility of a discussion. There are also some students of Bath City of Lee's behavior, considered tools act itself does not constitute a crime. Some students will focus on the key to a theft behavior, finally think because a small amount does not constitute the crime of theft. Basically no one from the common possession of.

(two) for a credit card2000Yuan use constitute the crime of theft or fraud?

1 Answer: (points1If the previous answer) that acts of theft, then here relates to the theft of credit card and use case. According to criminal law article196The provisions of article, "stealing credit card and using it", be punished according to the crime of theft. (2If the answer that behavior) fraud before, are related to the196The understanding of what is, notice or legal fiction? If that is the provision of attention, it means that after the credit card crime, behavior belongs to the post not punishable behavior. So, "fraudulent credit card and using it", should also be dealt with in accordance with the crime of fraud. If that is a legal behavior is fraud, credit card and using other's credit card shopping should be evaluated, according to the fraud and the crime of credit card fraud crimes. But because the credit card itself value low, difficult to meet the requirements of the crime of fraud amount, so the conclusion is only constituted the crime of credit card fraud.

2 Difficulty: ★★★☆☆

3 Answer: the score better. But some students miss this point.

(three) the others remaining credit card constitute the crime of credit card fraud or theft?

1 Answer: the essentialsATMThe machine has no right to or illegal use of other people's credit card behavior how qualitative? There is a judicial interpretation as the crime of credit card fraud. Controversial in theory of criminal law. Some argue that constitute the crime of theft, but in my opinion, because of the existence of "default agree", and therefore can not constitute the crime of theft, shall be determined as the crime of credit card fraud, in addition, there are views as the crime of embezzlement. Therefore, as long as the answer to their own point of view It stands to reason., can score.

2 Difficulty: ★ ★ ☆ ☆ ☆

3Answer: the score of general. Some of the students missed this; some students think a constituted the crime of credit card fraud, but the lack of specific analysis and reason; some students think that a the act constitutes a crime of embezzlement.

The third part: the title and the last lesson

The term "criminal law theory" course has ended, and the students get along very happy in the first half of. In the discussion of the break question answering and teaching online, some students learn mins left a deep impression to me. I also believe that, even in those who have never ask questions or speaking students, must also hide interested in a lot of criminal law experience "learn" and "learn god". As a teacher, feel very gratified.

After the final exam, the students said this examination is very cool, also have the students expressed confusion to me. In addition, a mid-term test, there have been various discussion classmates remind I watch online. For some focus on the story of her, I can only smile to. We are the school of law, the test is the criminal law, no matter what kind of drama series, all is serves the purpose of study the criminal knowledge. Some comment that the plot is good but the problem is, I can only smile. In order to test the "a life" as an example, the problem is not simple. To answer the charges involved, just to achieve the most junior, obtain the passing score standard; some hidden problems in deep knowledge, in order to Peking University Law School11The answer of the undergraduates, the class no one all answer. As for the final exam "a life episode", sites quantity and the difficulty is more than doubled in the period. Of course, perhaps other colleges or may otherwise master class students, can easily Seckill unknown. Probably? Maybe!

Online discussions can be ignored, but I must tell you fix the "criminal law theory" and to take an examination of the students to explain, why the teacher to take such a question to test you? It really is when writers to write novels addicted? Not at all. This is not a whim, but there are a lot of consideration.

Firstly, why not take an examination of conceptual problem or question? I don't like. Because it only takes a closed book form test, and with the criminal so large capacity content requirements of the students brush night back test, is not only difficult people, examine the only memory and pro forma luck. And I always thought, any closed book examination, just can't find better open book examination modes, has no choice. In modern society, the legal person to deal with the materials and information update is not poor, the instant change, the key is not he remember what or customer facing back out of what, but he knows how to use legal resources to solve problems. Therefore, the legal profession, open book test case may be a better, more flexible and effective examination methods, it can test whether a person is to learn the law and theory, and whether it knows how to make the method and theory for the subsumtion case facts.

However, there is a prerequisite, is the test case, test task must be capable of. If the test case, open code, textbooks or lectures will follow, that case study is not a closed book exam back concept. This involves what kind of case. I always think, undergraduate classes compulsory course of study, focusing on the control system of the knowledge of criminal law; and postgraduate courses of study, is based on the foregoing, increase the theory in some key problems. Therefore, undergraduate and graduate students of the case in question case questions must be different: the former is to test out the students to understand the whole system of the criminal law; the latter mainly examines the student for important point to some important crime is master.

Of course, as a teacher, nature is happy to see students thinking and interest further for the criminal law issues. Therefore, the best case, both on the knowledge level of examination system, as a moderate level of scale, at the same time, also want to ambush theory point some deeper, for those who want a higher fraction of people.

But this is not the case for scattered can achieve the goal. Indeed, the ever popular case C., stem mostly lines, up to no more than half a page. But the disadvantages of this kind of case is obvious. Thus, only a few limited charges, difficult to test out the above mentioned on the specific system of knowledge. Secondly, this case point is very obvious, the questions clearly, as long as the question is. In fact, the ability is more important than the answer to the question, it is found that the problem. In reality, no one would call a messy convoluted legal materials or the facts of the case, cut into small processing teaching case form, summarizes several questions to you for answers. The lawyer's job, it is to find legal problems in the real dozens, tens of thousands of pages in the file, and then find a solution.

Therefore, accustomed to "question -- answer" exam oriented education of the people, we must awake. If someone told me that, you face a two page title, do not see the hidden problems, don't know what is important and unimportant issues, planning is not good important question answer time and not important question answer time, so, I can only say, the test for you, has partially show function and effect evaluation. All along, the students may be accustomed to the traditional exam, which,5Conceptual problems,10Divided into short answer questions,15The division of the examples and20Sub title structured questions to answer, points out the key, is also arranged the answer time. However, accustomed to such examination students, go to the society may feel at a loss. Because no matter in work or in life, is no one to give him this mark, indicates the fraction distribution range, good time to answer questions. Even, some vacant always adjustment does not come, can also continue to register for the examination to find confidence.

So, I have to give you some can avoid the defects of title. In "a life", a10Many sites, in "a life episode", there are nearly30Sites, they are mixed in a pile of the plot, some test sentences that answer complete, score only one or two points; some sites may require you to write a great deal about, score six or seven points; but these are not specified, need you to judge for yourself. In fact, legal services, real life, too. No one will show you what is the focus and key, no people around you and tell you what you should cherish. If you can't distinguish the severity in limited time, know how to choose, sorry, examination time, the journey of life also has arrived. You lost.

Maybe some students here will see a little depressed. Actually also does not have what, with a small setback school exam, change a little early to recognize the truth of the world, it is the value of the. The score is not high students, often due to spend a lot of time is not worth debating which is not too high scores point, now you must physically realized this point, then you will understand, life like the test time, four hours appears very long, in fact, is short, so you want to to distinguish between the severity, don't waste time and emotion to do some things not worth investment (or does not love a person worthy of love) etc.. Otherwise, the outcome would be much more than test low miserable. (of course, soon you will see, the teacher hopes to let everybody be keenly aware of this truth on the line, as for the score, is still very kind.)

In addition, chase down the question and, even if it is a test system of knowledge and discovery capability of the case, there is no need to make such non murderous cold story. If the pursuit of the story, will dominate? What is the criminal law questions or writers problem? In fact, this involves a very important question, I have always wanted to tell you but has no chance to say, now write here, just as in the first half of this year with valediction.

I said before, open book test case is desirable, because "it can test whether a person is to learn the law and theory, and whether it knows how to make the method and theory for the subsumtion case facts." This is true. But, for a real legal education, especially for the criminal law of learning, to learn the law, theory and culvert perturbation technique is still not complete, it is just half. This is only half the church you as the occupation technique, then, what is the other half? To answer this question, first review the history of the criminal law on the most famous "struggle in school".

19End of the century20At the beginning of the century, history of criminal law theory had appeared "school dispute only enough and may be one of the most important". This is usually said the old school and new school controversy, also known as the classical school and modern school dispute. Representatives of old school which includes Beccaria, Feuerbach, Bentham, Kant, Hagel, etc.. Theory of the origin of this school, is people have free will, and therefore can and should take full responsibility for their actions; correspondingly, the purpose of punishment is given the freedom to decide the crime to retribution, deterrence at the same time, who can freely determine man not to sin. In the methodology, since everyone is the main meaning of freedom, can take responsibility for their actions, therefore, whether it is a three murder, or Lee four murder, in criminal law are abstracted into a consistent behaviorAIn the murder. In order to realize the rule of law the legal ideal, avoid the judge the tyranny, classical school requires justiciary and interpreter only care about abstractAAnd what is my sin, and does not need to consider the specific Zhang San, Li Sihuo Wang Wu why crime. Abstract this is the methodological said "". We often speak of the "criminal law", is to "abstract person" as the foundation, introduced the "scientific" perspective, will act as an object, the theory system and design a set of logical layer, dissecting every crime.

The three class we talked about in the classroom today or, or four elements, and knowledge of criminal law textbook, fundamentally, is the classical heritage, mostly in a scientific and logical perspective, development of various explanations, perfect the system of criminal law theory, technology upgrade criminal law. I nearly design in the test30Sites, these sites to understand and answer, are in the criminal law theory on the old school tradition.

The opposite,19Century in Europe, there was another batch of shock the common customs figures. These people despise the old point of view, think that only concerned about the crime of theory itself, is the logical deduction in the study, in the face of the rapid growth of crime in the social transformation is incapable of action. So, these thinkers will focus on why the criminal personality and these people will crime. This is called the modern school of criminal law, or new. Representative figures including Cesare Lombroso, Phil and Garofalo etc.. Lombroso from anthropology, genetics angle to study the cause of crime, physical features focus on the offender's especially the characteristics of the skull, put forward the concept of "born criminals". Italy criminologists Phil thinks, free will does not exist, it is just a pure fantasy and hypothesis, human behavior is the interaction of personality and the environment. In short, the criminal is not face uniform, with no difference "abstract person", but a vibrant personality "specific person", their personality and the causes of crime have different.

In the new school scholars eyes, one crime and not their own free will and choice, but influenced and restricted by various factors, is the synthetical result of various reasons. These reasons include criminal causes of its own, subjective, such as age, gender, genetic; also includes the external objective reasons, such as economic relationship, occupation, status, wealth gap, unemployment, population density, racial difference, politics, education, religion, customs etc.. Among them, the social environment is considered to be the main cause of crime, which is mainly due to the impact of external causes, the criminals of their own conditions, the formation of their malignant, which can lead to crime. According to the new school scholars thought, can draw the following conclusions: first, people not only pay attention to analysis of elements in crime, because it is not conducive to the reduction of crime; on the contrary, more attention should be paid to criminal, concern the reason why these people crime, the crime of changes caused by the social environment, to reduce crime. In second, the penalty shall not be unfeeling, blood for blood retribution retribution, because for a decision not free people, not just, also may not have the deterrent effect. The purpose of penalty should be on education and reform, because of the influence by external factors of the criminal, he is also an unfortunate person.

The classical school and modern school confrontation, was originally considered in the criminal law of internal debate, but in the end, the struggle in school because of fundamental opposition between basic assumptions, values and methodology, formed two completely different research "paradigm", and then attempted with the basic properties of a subject to specify the two, is already very difficult. "To let two tiger hill", the separation be imperative. In the modern sense of conflict criminology is like heaven control Monkey King, but from the criminal law is born, from the self-reliance hill, and the science of criminal law further away (in Europe, criminology is law school curriculum; in American, is included in the field of sociology). But the criminal law through the struggle in school, back to the old school track (known as the late old school), holed up for normative jurisprudence, the object of study only focused on the legal interpretation, the research methods are mainly analysis doctrine. Since then, between criminal law and Criminology zoned for camp, not war, and almost never in contact with each other.

In today's domestic law and jurisprudence, normative criminal law belongs to the school of criminology, and edge position. On the one hand, the theory of criminology are not incorporated into the study of traditional sociology, have been rare original thought, at the same time, in the absence of strong human resources support, empirical study criminology is difficult to achieve results. On the other hand, there are also some people not to regard it as right on new ideas, think it is a humanistic Mensao, didn't what technology content. Only the system of the classical school of the fine detail, make a careful and detailed analysis, logic and rhetoric of, have the intellectual challenges and technical content is knowledge. In dealing with crime, professionals should be concerned only with "legal issues", only need to calm and objective analysis of abstract personABehavior whether satisfies the illegal and responsibility, the system of inspection work, is the professional van. In summary, analysis without emotion, for it is good; the more cold, more cool.

The law of "technology" road not wrong. Especially for a judicial authority is not clear, the conviction and sentencing technology is still very rough country, only by adhering to the precise legal principle of crime and the criminal law theory, only talk about the protection of human rights, therefore, system and technical problems, cannot be overemphasized. This semester, we in the classroom and teaching network version of the discussion, all kinds of theoretical issues surrounding the criminal law, discussing the various views from the technical level.

However, I always think, modern school of thought has its special important value. A perfect legal person, he is not only a skilled legal artisans, nor is a only with superb professional skills to calm analysis of the machine case. As the lack of healers parents heart doctor, even if the technology is again good, also can not become a "big medicine", in the face of all kinds of crime, legal person cannot only pay attention to the law itself, but absence in the case of the "people". In the premise of professional skills, he also should have a compassionate feelings, there is a kind of insight into the traditional code of conduct. He should know, coldness and hatred will only bring more hatred. He will always remind ourselves, in each of the crime, the victim and the perpetrator is unfortunate, a hope to take more responsibility for the society and the laws of the state, not just to complete the technical task, accurate and punishment of crime behavior at the same time, he will also be able to see and try to change caused by external reasons for this unfortunate finally, to reduce people's misfortune. At this point, the modern school (New) thought can give the human to remind and inspire, disadvantages over indulge can even repair the classical school may lead to technical.

I never doubt idealism north of College students. However, a lot of things, may need to be with their age and experience, have personal experience. In class, the teacher to teach, or more standard technical problems of jurisprudence. But, I want to remind everybody is, in addition to the classical school of technology road, new ideas should also pay attention to. We usually analyze yibingding orABCDAbstract, and man is not virtual, not ha ha a Le object, the object is not as specimens anatomy. They like you and I, is a true to life with the feelings of the people, but sometimes be play fate, involved in the accident in the whirlpool, become a victim, or criminal. But, what way to explain and let us always remember this? Empty preaching is not effect. I think, if the typical section of some crime, into a small story plot, after tension test of four hours, the vast majority of people will be impressed. In this way, both to the assessment of legal technology, also played a deepen humanistic feelings effect. After some years, you almost forgot the specific provisions of criminal law or an important point of view, however, may remember these two examinations, will remember "a life" and "prequel" the tragic characters in general image.

Then, you will have on society, to become a lawyer, or the judge, the teacher has not the ability to teach what you. In the face of numerous trivial file material in you, I believe you have mastered the penalty points test had forced you exercise weigh up one thing against another, extract the key ability, of course, then you must also be able to skillfully use legal professional skills to deal with the problem. But, I also expect is, in you as a criminal defense lawyer to defend an accused person, when you as the death penalty review the judge decided a crime people's life and death, if I can vaguely remember in the examination of the tragic characters, which allow you to defend a little patience, discretion in the death penalty when a little more, then this two exam is meaningful. As a teacher, who could ask for more.