How to learn the lessons of the criminal law

How to study the criminal law, this is a benevolent see benevolence, the wise see wisdom of the problem, each criminal law scholars have their own experiences. Here, I want to say something about personal experience. Mainly involves the following three problems: one is the law and the legal relations; two is the relationship between the general provisions and the specific provisions; three is the relationship between the theory and case. My experience is: studying criminal law, we should handle well the three relations. 　

 

A, law and legal relationship

 

The law and jurisprudence is different. This Law refers to the legal provisions, legal learning cannot do without the law or legal provisions. The law is one of the most basic things, but to the law itself we still need for further analysis, such as the law and legal norm is not the same. According to the German criminal jurist Binding's point of view, in the criminal law, the provisions of the law is the act constitutes a crime, the law is in the law behind the forbidden order. For example, the provisions of the criminal law on the murder, the murderer to place ten years imprisonment, life imprisonment or death. This legal provision set manslaughter elements, and the specification is prohibited. Therefore, binding, in Criminal Law refers to the violation of norms, is a violation of prohibition, not to violate the law; illegal, legal provisions, is consistent with the rather than violate. That is to say, only in conformity with the law of homicide components, just talk to go up is a violation of prohibition of legal norms. So, he put the law and legal norms is to distinguish between. Method a complete law and incomplete law division. The complete law refers to the elements of legal norms, the assumption and the legal effects are unified in a law case in. In the criminal law, the law mainly refers to the criminal law provisions, it constitutes the crime of setting conditions on. It is the law of the judiciary of the conviction and sentencing provides legal according to clear, so the law is a reflection of the legislative intent in language, through the law we can understand the legislative intent. 　

 

From the legislative level, the legislative intent is always reflected in language, and finally in the implementation of the provisions of the law. Therefore, there is a word and the meaning of the relationship, the legislative intent is a meaning, and the law is a kind of language. Intention through verbal or written language to express, because it is an abstract, subjective thoughts, legislation must be known to the public, the legislative intent of it can only be expressed by means of language.

In our understanding of the law, on the one hand should be fully aware of the importance of the law, especially in the countries of continental law system. In general, the statute law is the main content of a country's legal provisions, in criminal law, it is mainly based on the conviction and sentencing. But on the other hand, the law is always limited, so the law is not completely according to the conviction and sentencing. There is a legal problem. I called the legal means of science, jurisprudence and philosophy are different. Theory and method together, is hidden in the back of the philosophy of law. Legal for law, has dual nature. On the one hand, law is dependent on the law, law cannot be completely separated from the law exists, completely out of the law and the existence of truth is not legal but philosophy; on the other hand, with respect to the law and jurisprudence is relatively independent, which is not completely determined by law. Strictly speaking, not the law determines the legal, but legal decision method. Independent of the law, legal character, we must pay attention to the legal. Study the law one from the law to legal process, we first contact is the amount of the law, but the law is a phenomenon. We need to act behind to master its legal principle, legal principle with respect to the law is the dominant. If there is no good grasp of legal theory, so our understanding of the law can hardly be accurate. 　

The relationship between law and jurisprudence is very close, we should correctly handle the relationship between law and jurisprudence, the criminal law is very important for us to learn. 　

 

Two, the relationship between general and specific provisions

 

The relationship between general and specific provisions in fact that is general and special relationship. The general theory to guide the role of sub, no general provisions, it is difficult to form the basic principles of criminal law. It should be said, separation of general and specific provisions in the specific crime, from the abstract general provisions, is a great progress in the history of criminal law. To the general rules guiding role for criminal law's provisions for specific provisions, the understanding of the specification cannot do without systematic. For example, there are provisions intentionally stipulation, murder, but not the main provisions in the specific provisions of the provisions of intentional homicide, the main provisions can only refer to the provisions concerning the age of criminal responsibility in general provisions of criminal law. Thus only the provisions stipulated in the general provisions and the specific combination of elements, in order to build a specific crime. That is to say, for that specific crime, not separately according to specific rules to determine the constitutive elements of the crime, but to combine and general provisions. 　

 

Without expressly for the law shall not for the understanding of the crime, should be limited to specific provisions, but does not include general principles. Because of the general theory is stronger, in many cases can only rely on theory to solve. If this point is not clear, may explain the error occurred. As the current criminal law has stipulations about the 382nd of the third paragraph of the accomplice of the crime of embezzlement, the paragraph with national staff of corruption to corruption, the accomplice; and article 385th of the criminal law has no provision on bribery accomplice. It was on that, according to the principle of legality, the joint crime of bribery cannot be convicted, because the law does not expressly. This is totally wrong. I think, in the third paragraph 382nd the provisions of criminal law about the accomplice of the crime of embezzlement is a suggestive provisions, only to prompt. In the absence of other crime this prompt, no such provisions only that legislators are not particularly prompt, but does not mean that lawmakers believe such behavior does not constitute a crime, shall be investigated for criminal responsibility still should according to the general provisions of accomplice. If the crime of misappropriation of public funds, in 1998 the Supreme Court prescribed in the judicial interpretation: the use of human and state personnel jointly planned, instigate or assist the embezzlement of public funds, should be punished as an accomplice. But the judicial interpretation made no mention of non use people can follow the accomplice to deal with the problem, but in practice it has non use of abetting, helping the embezzlement of public funds, so, this situation can be convicted? This situation can still be convicted, we want to avoid legal dogmatism. Because the law is always limited, in the conviction could not rely solely on the legal provisions, which must exist the judge interpretation and theoretical problems, applicable to any case law contains logical derivation in theory, if only according to the law to handle the case, people will not be the correct application of the law. The laws are abstract, general, and the case is specific, individual, the general norms applicable to process a logical reasoning in specific cases. Therefore, you may not find a specific legal basis. This only to thousands of years before looking for thousands of years ago, the law is specific, and the law of modern always abstract. Even if the legal process like killing this simple case, there is a logic deduction, not suitable for a complicated case law, it needs a lot of demonstration of the link, to take a lot of bridge. In a word, it is a complex theoretical derivation. Among them, the theory of criminal law plays a large role. Legal basis is very limited, in accordance with the law can not solve all the problems in the judicial practice of conviction and sentencing, but need to rely on theory to fill. The principle of legality is the means which behavior is crime shall, according to law, and not all reason to handle a case must have legal basis. 　

 

Therefore, we should correctly handle the relationship between the general provisions and the specific provisions of criminal law, only in this way can we correctly understand the law and apply the law, not the general provisions and specific provisions apart. In fact, they are a whole. Is the relationship between general and individual. 　

 

Three, the relationship between the theory and the case

 

Case refers to the processing of the specific object in the judicial practice, theoretical research Chinese habit called case. The case and the case is not the same. There are plenty of precedents in common law countries, so need to research on the case. The rule of law case law countries are derived from the case, because the case is made by judges, thus forming the judge made law and civil law, this is not the same as. Now, in the field of criminal law in common law countries, the legal principle of crime and punishment, there are a lot of law. Can say, the field of criminal law is the law of the most developed areas. Nevertheless, the conviction and sentencing in the civil law system countries written law and the role of law in the Anglo American countries in the role is not the same. In the Anglo American countries, laws are not cannot do without precedent, only through a case, in order to make the law into the basis for conviction and sentencing, so the case play a role in the great. In short, the judge did not sentence the case before is the case, the judge sentenced later called case. Study on case law in western countries is mainly to study how the judge sentenced, raises some rules and theories from the judgment reason judges, as the basis of law. Our case is the judge, in the case study, we each have their own ideas into the judge. This so-called case and the doctor called the case is similar. Research focus research and case case is completely different, the case study focuses on how the case; in the case of study, not the case study how sentences but the judge what make his decision, as well as the research of his opinion. In the current jurisprudence study, we only case studies, but less research on precedent. This is mainly because the judge our judicial practice in the case is still not standardized, our judgment is not reasonable, therefore, the case study also lack the basic conditions. But we have a number of case studies, the research on criminal law is very important, because the theory is abstract. Civil law countries used to systematically expounded the theory, and the theory is developed. But because the theory must be applied to specific practice, while the case is differ in thousands of ways, so the theory of the master, does not mean that the theory better applied to specific cases, this requires us to study the case, the theory can play a complementary role. The theory itself has its limitations, it is generally not possible, all end in reality, some cases can provide some ideas, to enrich our theory of criminal law. 　

 

The case is generally divided into two categories, one category is the common case, they belong to the typical case. Compared with the general and legal provisions. These common case processing is relatively simple, as in a cold, have a fever clinic common disease. A large number of cases in the judicial practice all belong to this category. Another case is difficult cases, incurable diseases of these difficult cases and the doctor meet some conditions, even in the medical books never appear. Difficult cases can be divided into two categories: one category is the difficult case evidence, the evidence collection difficult or the evidence is not up to do the full extent of the case; another is a difficult case of application of law, in such cases, the provisions of the act and laws do not fully comply with, what is this crime or other crime, is guilty or not is consider. Treatment of difficult cases require a high level of the theory of criminal law. The law applicable to the specific cases, of course, need to understand the law, but also need a lot of other knowledge, and even social life experience and common sense of life.

So, I think a theory, a legal requirements applicable to the specific cases, involving general and individual running between the problem, how to put the individual information included in the general provisions, judicial personnel according to the specific situation to carry on the concrete judgment. It requires not only legal knowledge, is the need for more common sense.

 

 

"Criminal law" course is one of the Ministry of Education College of law professional compulsory 14 main courses, and is one of the courses and credits up to two courses (also a civil law), so it holds the extremely important status in the whole law professional teaching. Therefore, the students must pay enough attention to the learning of the course.

 

Criminal law is one of the most important legal disciplines in two subjects, one of the College of law professional is the Ministry of education to the 14 core courses, is also one of the national judicial examination, the entrance exam of master of laws and other kinds of examinations in the compulsory courses. In law specialty in our college teaching, criminal law is one of the important basic courses of open class, 108, a total of 6 credits. The goal of this course: the students through the criminal law of learning and mastering the crime, criminal responsibility and penalty system of general knowledge, concepts, characteristics, grasp the specific crime. Through the study, can achieve accurate conviction, sentencing appropriate; ability to analysis and judge whether a certain behavior constitute a crime, the crime and the specific use of its criminal responsibility and penalty system.

The Course Description: criminal law is a compulsory course for undergraduate students of School of political science and law, divided into general and special theory of two parts: pandect of criminal law is mainly to study the basic theory of criminal law, criminal responsibility and penalty of crime is common, the universal theory, based on its content, can be divided into introduction, theory of crime, the criminal responsibility theory and theory of punishment. The introduction includes: task concept, nature, criminal law; the basic principle of criminal law; criminal law effectiveness range. Crime is the main content: the concept of crime, constitution of a crime and its constituent elements; decriminalization act; stop form of intentional crime; common crime; crime number etc.. The main content of theory of punishment: criminal responsibility, punishment and its types; penalty; execution of penalty and the penalty to destroy. The content and structure of the criminal law pandect, designed according to criminal law and criminal law theory to study the following. Criminal law theory mainly study the specific crime, criminal responsibility and penalty. According to the criminal law, the crime can be divided into ten categories: Crimes of endangering national security, the crime of endangering public safety, the crime of undermining the order of socialist market economy, encroaches upon the citizen personal rights, democratic rights, infringement property crime, the crime of obstructing the administration of public order crime, endangering the interests of national defense, the crime of corruption and bribery and malfeasance crime. Each type of crime can be divided into different specific crime. The structure, characteristics, research on some kind of concept of crime, crime; secondly, the concept, characteristics of the specific crime in the crime under the specific crime, judicial determination, and the legal punishment concrete.

This course

My school use for the twenty-first Century course materials in the criminal law: Peking University press and higher education press published jointly by Gao Mingxuan, Ma Kechang editor, Zhao Bingzhi served as executive editor of the "criminal law". The content of thirty chapters, divided into two parts. In general, the criminal law, including: criminal law, the basic principles of criminal law, the criminal law of the crime concept and scope of crime, the effectiveness, the object of crime, objective aspect of crime, subject of crime, subjective aspect of crime, crime of behavior, stop form of intentional crime, common crime, the quantity of crime, criminal liability, penalty introduction, the penalty system and the penalty discretion, types, measurement of penalty system, the system of execution of punishment, punishment annihilation nineteen chapter. The theory of the criminal law, including: criminal law theory, the summary of the crime of endangering national security, the crime of endangering public safety, the crime of undermining the order of socialist market economy, encroaches upon the citizen personal rights, democratic rights, infringement property crime, the crime of obstructing the administration of public order crime, harm national defense interests crime, corruption and bribery, crime of malfeasance, the military crime of breach of duty of eleven chapters.

    This course involves jurisprudence, logic, the constitution of knowledge, I suggest that the students in the foundation has the knowledge to take the "criminal law".

 

Guided learning method of criminal law

One, understand the characteristics of teaching material and method of use, the rational use of materials

 

(a) "criminal law" (volume and general provisions of criminal law)

 

"Criminal law" (volume and general provisions of criminal law) is the criminal law (1) main teaching courses. A learning objective, abstract, key before each chapters, each chapter after a question, self reference self testing.

 

"Criminal law" (volume and general provisions of criminal law) division can be divided into three parts according to the content. The first part is the criminal law theory, from the introduction to chapter third. The second part is the theory of crime, from the fourth chapter to the thirteenth chapter. The third part is the theory of punishment, from the fourteenth chapter to the twentieth chapter.

 

"Criminal law" (volume and general provisions of criminal law) is main textbook learning of criminal jurisprudence, but it and other related information is an organic whole, so in the learning process should be used in conjunction with other relevant materials. "Criminal law" (volume and general provisions of criminal law) each chapter gives questions is the key problem in this chapter, it shall answer, in order to consolidate learning objective.

 

　　

 

Two, clear the nature and characteristics of "criminal law" course, focusing on the teaching purpose in the course of study

 

According to the provisions of the syllabus, the teaching purpose of this course is: to the "PRC Criminal Law" as the basis, based on the theory of criminal law and its practical application of learning and research, make the students to master Chinese criminal law and the provisions of the crime, criminal responsibility and penalty of various principle, principle and system, to train students to use the theory of criminal law and the ability to analyze according to the law and to solve practical problems in criminal cases. The purpose of teaching a course outline, course content is. Gang lift to item, only a clear teaching aim, can have a definite object in view to study. Therefore, students should have a clear understanding of the purpose of the course.

Methods three, learning the general provisions of criminal law

 

(a) analysis method

 

Think the materialist dialectics, contradiction analysis is to analyze things. The criminal law and the state are the same as the product of irreconcilable class contradictions. Therefore, we in the study of criminal law, especially when the general provisions of criminal law, methods must be based on the class analysis, clear criminal legislation, political direction and purpose. For example, the criminal law and criminal law although socialism capitalism have stipulated the crime concept, the concept of criminal law in the form of capitalism in general but crime, class avoid crime; criminal law generally adopts the concept of socialism essence of crime, reveal the criminal class this matter. In addition, the general part of criminal law about the task of criminal law, the essence of criminal responsibility, criminal penalties for the purpose of, must pass through the class analysis method to recognize the nature of their.

 

Class analysis is very important, but the normative analysis of criminal law has much more practical significance. As said earlier, as the interpretation of criminal law in criminal law, the main task of the criminal law has been discussed and explained. No matter how specific legal provisions, in comparison with the rich and colorful life, still has the generality and abstraction. In the process of application of the law will meet many practical problems and non routine situations, this needs according to the intent of the legislation, careful analysis of the law, clarify its real meaning, in order to use, achieve the unity of legal and practical.

 

For example, the provisions of the third paragraph of article twentieth of the criminal law, to murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, he shall not bear criminal responsibility. The "attack" the concept is vague, strictly speaking, the attack is not a formal legal term, its meaning is very broad and difficult to determine. In general, the fight is violence, hurt others is murder, homicide and assault; bare-handed assault is the use of equipment, guns, hurt others also. In this case it is necessary to analyze the concept of the "attack", the true meaning of. From the provisions of the law way can be found, he was violent crime and homicide, robbery, rape, kidnapping and other serious endanger the personal safety of the parallel provisions, therefore, should be similar to identity and quantity with quality between them. And murder, robbery, rape, kidnapping and other criminal acts may cause the victim serious injury, death. Therefore, only the criminal conduct when defense may cause serious injuries or deaths, can be identified as the "attack"; violence and a slap in the face, fan a slap in the face and other minor shall be excluded from "or" category.

 

Learning general provisions of criminal law, not only to analyze the meaning of the words, but also to analyze the relationship between legal provisions. For example, the sixth article of Chinese criminal law is the territorial jurisdiction, the provisions of article seventh is personal jurisdiction, the provisions of article eighth is to protect the jurisdiction, the provisions of article ninth is the universal jurisdiction. The relationship between these four articles is what? Is it right? Parallel relationship? If it is, then the citizens of the people's Republic of China in the field of crime within the people's Republic of China, it seems both territorial jurisdiction can be applied, can also apply to personal jurisdiction. But the answer is no.. Because, Chinese society is very particular about the seating order, so the legislation. We found that the criminal law is the first rule of territorial jurisdiction, personal jurisdiction, then the provisions stipulated protective jurisdiction, the provisions of the universal jurisdiction. This shows that the highest effectiveness of territorial jurisdiction, personal jurisdiction of universal jurisdiction, protective jurisdiction, in the. In other words, only when the territorial jurisdiction is not suitable, can consider to apply personal jurisdiction; only in the territorial jurisdiction, personal jurisdiction are not applicable, to apply the protective jurisdiction.

 

We should pay attention to not only between different legal provisions of the order, but also should pay attention to the words the same nature of the same provisions of the order. For example, twenty-second of criminal law provisions of the second paragraph, the preparatory crime, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment. The legislator is first provided a lighter punishment, then is the mitigation of punishment, the exemption from punishment. This shows that lawmakers first requests the judicial personnel on the preparatory crime, first consider a lighter punishment, be mitigated punishment or be exempted from punishment can have other special cases only in the case when.

 

Therefore, in the process of learning in the general provisions of criminal law, the analysis method is an indispensable method.

 

(two) the comparative method

 

The comparative method is through a comparative method to understand things. People always understand the process in different degree by comparing the methods of. By comparison, in order to distinguish the different phenomenon from the phenomenon, and to deepen the understanding of the nature of.

 

In the learning process in general provisions of criminal law, will encounter many legal terms. In legal terms related to rely solely on isolated memory can not solve the problem, in the learning process, attention must be paid to the use of the comparative method. For example, in the form of stop learning crime, should distinguish the attempted crime and discontinuation of a crime. The most important difference is the attempted crime is the reason will lead to criminal behavior is not complete; and the discontinuance of crime is within reason will behavior leads to crime is not complete, the behavior of people who gave up the crime or automatically prevents the occurrence of crime result. Only by comparison, seize the essential difference between them, in order to accurately understand the concept of discontinuance of crime and crime in the judicial practice, can the correct identification of the crime stop shape, in order to understand the reasons for suspension of crime punishment lighter than the attempted crime of punishment.

 

The comparative method is essentially a method of contact. The theory of criminal law is an organic whole, each other are closely linked. In the learning process of the general provisions of criminal law should pay attention to the use of the contact method. For example, an intentional crime in learning factors including cognition factor and will factor, we should the criminal responsibility of the content to include the ability to recognize and control, among them is one one to one correspondence. In learning the retroactivity of criminal law, namely the old and mitigating the principle, should recognize that this is a concrete manifestation of the principle of legality.

 

(three) the historical method

 

The comparative method is subjected to the transverse research, and the history of the method is the longitudinal study. The historical method is the analysis of the history of criminal law, understand the sequence of events of the criminal law, understand the development trend of the criminal law.

 

Lawmakers on the same issues in different historical periods of different provisions, provide a better view of intention of legislators as we know. For example, the 1979 Criminal Law provisions of article seventy-ninth of the analogy system, namely the criminal law has not stipulated the crime, convicted of criminal law provisions can compare with the most similar sentence; while the 1997 Criminal Law in the cancellation of this provision at the same time, the article third of the criminal law clearly stipulates the legal principle of crime and punishment, namely the law expressly provides for the crime, in accordance with the law conviction and punishment; the law does not expressly provided for the crime, shall not be convicted or punished. This shows that China's current criminal law function from the importance of the social security function to change human rights protection function of criminal law, namely the first referee specifications, and then is the norm of conduct. This is our understanding of the spirit of the criminal law, provide principled guidance to reveal the specific provisions of criminal law meaning.

 

Using the methodology of history, found that lawmakers different rules on the same problem, can help us in the process of continuous learning to think, open a window for us to judge the merits and demerits of legislation. For example, in 1979 the criminal law twenty-third stipulation, shall be given a heavier punishment to the principal; and the criminal law in 1997 the provisions of the principal shall be given a heavier punishment. Different rules of old and new criminal law makes us think: the new criminal law is reasonable? Is in violation of the principle of punishment is consistent? Whether a departure from the common crime people distinguish between the criminal policy? To be able to find the problem, thinking about the problem, and then put forward the way to solve the problem, is very important to learn the general provisions of criminal law.

 

Therefore, in the process of learning in the general provisions of criminal law should master and use history.

 

(four) the method of combining theory with practice

 

Integration of theory with practice is a common method of scientific research, it is the basic method of studying criminal law pandect. Criminal law is the law, a theoretical, practical. Studying criminal law not to study law, but the application in order to learn the knowledge to practice, to solve specific problems in practice (which is also the purpose of this course is). Therefore, cannot study behind closed doors in the learning process in general provisions of criminal law, practice, ignored, and should be the theoretical study of judicial practice in China, especially the criminal trial practice. At the same time, but also pay attention to the new problems in the judicial practice, with a new problem to study the theory of criminal law. So not only for the study of general criminal law provides power, and can also make the criminology knowledge test, enrich and improve, and can improve the ability to analyze and solve problems.

 

Case analysis is an effective way of combining theory with practice. Analysis of criminal cases, is required to learn to use the criminal theory to analyze crime, to a case should be convicted and sentenced to judge. Analysis of the case as homework, case analysis more, will have more profound theory. Therefore, the criminal law case analysis is to digest of criminal law theory, an effective learning method using the law to solve practical problems.

 

However, in the process of the theory with practice, attention should be paid to step by step. Practice case is complex, analyze and solve problems need more knowledge. With a small part of what we have learned knowledge to analyze all the problem solving of the case is not possible. We can only learn a little, contact point, step by step forward, to solve all the problems. For example, after studying the principle of causality in criminal law, we can use it to analyze the causal relationship between specific crimes, regardless of whether the actor shall bear criminal responsibility. The subjective aspect of crime in the end, we use it to analyze crime for criminal intent or negligence, without taking into account the justifiable defense behavior of people's mental attitude. For not learning problems, we should not rush to go to practice, so as to prove futile, and hit the confidence of learning. This accumulation of every little bit, to all the basic knowledge we have mastered the science of criminal law, consider the problem comprehensively, can be achieved.

 

In a word, learning the general provisions of criminal law must integrate theory with practice, but the practice should be carried out step by step, such ability from do not know to do not know too much, to know more, so as to better grasp the theory of criminal law.

 

Several problems should be paid attention to in four, when the learning theories of criminal law

 

(a) focus on criminal legislation

 

As mentioned before, we now have learned the "criminal law" is the interpretation of criminal law, its purpose is to explain our current criminal legislation, help us to understand the current criminal law norms. Therefore, study of criminal law in this class of criminal law, should study and the corresponding time. In reading the articles of the criminal law, recall related materials, and can help to understand the contents of a textbook, memory. Through repeated reading of criminal law, read the provisions of criminal law, we can gradually understand, understand the intrinsic link between the provisions of the criminal law spirit, the specific content as well as the articles and provisions of the.

 

(two) to study the judicial interpretation

 

The judicial interpretation refers to the judicial organs according to law interpretation and explanation of the law has the right to explain the contents of A. The judicial interpretation is highly crystalline judicial experience, and have the force of law. In general, the criminal legislation is abstract, and judicial interpretation is relatively specific, content is more rich. So, in the study of criminal law in general we should attach great importance to, and efforts to implement and application.

 

(three) studied the theory of criminal law

 

The theory of general provisions of criminal law is quite strong, so in the process of learning general provisions of criminal law should be paid attention to in the research on the theory of criminal law. In the science of criminal law and some important theory, in the criminal law of concrete is invisible, it needs to study the theory of criminal law related. Therefore, should see some theory books, such as academic articles, monographs.

 

　　

Textbook of criminal law and the provisions shall be read

The provisions of the criminal law from A to Z back down, is unlikely, there is no need, because there are a lot of articles, especially the criminal law provisions, some charges low incidence, the importance of being compromised, some provisions are not special, difficult to make questions. So, in learning to read the articles of the criminal law, in the process, to have mastered some important laws on it. In addition, through criminal law science is necessary. This can be the overall awareness of students, the system of criminal law the right to use their own knowledge is more complete, there is a deeper understanding of the criminal law, and thus do know the score. Needs to be stressed is: to read textbooks, students must pay attention to the important problem of the theory of. The criminal law is not only related to the provisions of the criminal law, and criminal law theory;

Memory key method, the important knowledge more efforts.

In the code of criminal law have some provision is particularly important, be sure to ask students to spend a lot of time memory. For example, the age of criminal responsibility of the crime concept and principle of punishment. The principal concept, scope and provisions of punishment. Sentence processing. Based on mastering key law should be the important knowledge more efforts. The important points in the theory of criminal law generally include the following contents:
 Criminal law pandect:

   Effect of criminal law 1, space (to effect, regional effect on human) problem;

   2, criminal intent (direct, indirect intentional crime intentionally), fault (negligence, negligence of over confidence), as an accident, irresistible;

   3, the age of criminal responsibility, especially the range is full of 14 and 16 years of age should be responsible;

   4, self-defense, emergency conditions;

   5, preparation for a crime, attempt to distinguish;

   6, common crime, joint crimes, people (principal, accomplice, accomplice under duress, the instigator of the cognizance and punishment);

   7, penalty punishment: (control, criminal detention, fixed-term imprisonment, the death penalty, additional penalty (), fines, deprivation of political rights, confiscation of property, the applicable conditions of expulsion);

   Application: 8, the penalty sentencing, recidivism, surrender, meritorious service, the combined punishment for several crimes, probation, commutation, parole, aging. Especially, the combined punishment for several crimes recidivism, probation and parole system;

   9, other. As the theory, the general theory about the conviction and sentencing, crime number theory is in the core position in the theory of criminal law crime, often involving is the content of the exam.

   The criminal law section:

   The specific crime, crime of endangering public safety, civil rights crime, property crime, corruption and bribery, crime is to examine the content of traditional reading level, annual examination questions are involved. Undermining the order of socialist market economy, the crime of obstructing the administration of public order crime in general will also have choice involves, candidates should pay attention to. The crime of endangering national security, military crimes, the crime of endangering the interests of national defense examination may be

Small, candidates can in principle be ignored in this part, the method of the penal code simple familiar click, such as a chapter of crimes of endangering national security, in addition to several crimes limited by crime, espionage, other charges in the exam is not involved.

   Specifically, in the criminal law section charges more important are: production, selling poisonous, harmful food crime, the crime of illegal detention, the crime of abducting and trafficking in women and children, those buying abducted women sin, to obstruct rescue was bought women crime, the crime of intentional injury, obstruction of official crime, bribery crime, crime of bigamy, illegal rental a branch, gun crime, illegal possession of firearms, embezzlement, counterfeiting currency crime, the crime of using counterfeit money, sell, purchase of counterfeit currency crimes, smuggling of counterfeit currency crimes, transport of counterfeit currency crimes, bribery, theft, robbery, embezzlement, intentional destruction of property crimes, the crime of rape, murder, making, copy, trafficking, spreading obscene articles for profit crime, the crime of spreading obscene objects, organizing the broadcasting pornographic audio-visual products, the crime of fraud, crime of carnal knowledge of a child, export tax rebate fraud crime, crime of contract fraud, crime of bills defraud crime of abducting and trafficking in women and children, trafficking, crime, crime of abandonment, the crime of corruption,

Irregularities for favoritism of non - sign, collecting less tax crime, crime of espionage, crime of illegally obtaining military secrets, crime of using counterfeit money, blackmail and impose exactions on crime, the crime of Forced Transaction Crime of drug trafficking, robbery, logging, deforestation, the crime of breach of privilege, sin, sin be forgetful of one's duties crime.

   On the criminal law review, the need to pay attention to: (1) the specific provisions and general provisions of criminal law theory combined thinking problem, avoid the general provisions of criminal law and criminal law theory segmentation; (2) pay attention to accurate boundary circle crime and not crime, this crime and other crime; (3) the actual abilities to solve the case. Because now the judicial examination of the multiple-choice questions, multiple-choice, uncertain item choice is actually a brief case, and not only in the part of case analysis to appear the case questions.

      The third step. Memory

   Familiar with the provisions of the criminal law in the theory of criminal law, the master key, a good knowledge base, the examinee is necessary to pay attention to some important judicial interpretations, consolidate, deepen their knowledge system. The content of judicial interpretation of the ratio method to detail, it is often out of the object, such as the judicial interpretation about the theft, robbery and murder to deal with, embezzlement, surrender requirements and so on, are very detailed; some judicial interpretation of the provisions and the more special (such as secretary of state, the solution about traffic accident crime these require candidates to have.

   Compared with the case study and the choice of the criminal law, more attention has been paid to the master and apply the basic knowledge. Case analysis problem is generally not a trick question, but the mastery of the flexible use of knowledge requires high. Especially in the theory of criminal law is a strong subjects, comprehensive judging ability has a higher requirement of the examinees. Proposition trend case problem is more and more detailed, more and more flexible, but eventually, as long as based on the letter of the law. To make full use of some important theory of criminal law, many problems can be smoothly done or easily solved.

   The case analysis topic are generally consider the most important content of the criminal law or rule is extremely special law, namely the concept or the law of the most basic, as long as the concept and legal provisions of understanding, for examination will be more confident. In reading the case example content, must maintain a high degree of caution, accurate identification of various traps Title settings, see the case there are several basic content, truly understand the meaning of title, "hit on what one likes" to answer, and then consider the concept or regulations each content involved, these concepts or regulations clearly series, recalled