(four) about the joint crime ("criminal law" article twenty-fifth to twenty-ninth) For the common crime part. We focus on the analysis of several heavy, difficulties: The establishment of the elements of the 1 joint crime from three aspects: subject element, the subjective elements, objective elements to grasp. Especially should focus on understanding the "common criminal intent", namely from the cognition factor and will factor two aspects to understand, should exclude also make (lack of contact), at the same time, crime and intentional content and different common intentional outside the crime constitute joint crimes, such as some action other than criminal behavior in common criminal intention scope, it should be the sole responsibility of the crime, common crime does not exist for all human behavior. 2 on the classification of joint offenders in the criminal law of our country, as in joint offence in the status and role, and appropriate consideration in joint offence in the division of labor, the common crime division principal, accessory, coerced offender, abettor. Attention should be paid to people the punishment principle of every kind of crime. Two 3 for common crime criminal liability should (two levels or) to understand: the first aspect is the criminal responsibility of behavior and result in every accomplice who deal with the principle of common crime, the concrete manifestation is: one person make crime, the accomplice were be accomplished responsibility, in property crimes, the criminal or principal according to the total amount of common crime punishment, can also be used in common crime penalty amount based on the accessory. On the other hand, as in joint offence in the status, role to confirm the principal, accessory and coerced offender, so that the use of fixed penalty punishment. 4 problems about abettor. I don't personally commit the instigated person, but intentionally instigate other have the ability of criminal responsibility to produce the criminal intent and to commit a crime. Instigated by the accusation shall be determined according to the abetting crime. People are not abetting abetting abetting people, accept the instigation crime alone (attempted state),), instigated people to accept and to commit the crime, the two form a complicity (whether the instigated crime is accomplished). Here we should distinguish the instigator relationship with other specific crime, such as the crime of imparting criminal methods, incite secession crime of torture crime and appealed to seduce others prostitution crime, the crime. About 5 of accomplice and identity. There is no specific identity of people to help others the implementation of special subject of crime, can be the accomplice, such as the management of public property of the state personnel colluding with corruption, shall be punished as an accomplice ("criminal law" the 382nd paragraph third), and as the non national staff and the national staff collusion, collusion with bribes, taking bribes the accomplice. (five) about the penalty system ("criminal law" article thirty-second to eighty-ninth) On the penalty and the penalty system (i.e. the theory of punishment). Generally speaking, the difficulties of this part as "crime" part so serious and relatively strong, the operation of this part, there are many contents such as kind of penalty, punishment for specific content, execution of punishment and the change law stipulates, more clear, easy to understand, relatively speaking, review the difficult part of this the main as follows: The 1 sentence problem. With the suspension of execution of death penalty in China is about the death penalty system in an original, we should accurately understand the death sentence with a reprieve. First, must be clear on this point, an executive system of penalty execution is not an independent but the death penalty criminal punishment, was involved in the death penalty question in. Second, be sure to clarify the application of suspension of execution of death penalty must have two conditions: one is the crime of the death penalty, which must be extremely serious crime, otherwise cannot apply to death with reprieve (do not apply the death penalty is not the problem, this sentence) is a prerequisite for. Two Is it right? Be executed immediately, this is the basic condition for its application. Third, crime under the age of 18 and trial of pregnant women is not to apply the death penalty, also can not apply to death with reprieve. Fourth, the change of suspension, suspended crime should eventually be executed, the statutory standards only is the intentional crime during the period of suspension of execution of death penalty, in addition, no any other conditions even if it is a serious crime, refused to reform. Suspended for 2 years after the expiration to sentence must have significant meritorious service (major meritorious service can refer to article Seventy-eighth of the criminal law on the provisions shall be commuted), no major meritorious service, only common meritorious service or active repentance, can only be reduced to life imprisonment (of course, the premise is not intentional crime). Visible, death penalty change make provisions of the criminal law standard and boundary problem is quite clear. Fifth, calculation of sentence prisoner after the change of sentence, mainly lies in the time of date (see "criminal law" article fifty-first.) 2 on recidivism, surrender, meritorious service, probation, commutation and parole sentencing system, execution system. It should be said, the provisions of these specific system of punishment law is quite clear, but many candidates for these confusing wrong and is considered a major difficulty. The specific legal issues can take decomposition and comparison study method. Such as recidivism general recidivism and special recidivism is divided, has surrendered to surrender and special surrender not general, ordinary probation probation and wartime probation difference, crime has rendered meritorious services in general and major meritorious service difference, this decomposition can be internal comparison, and recidivism and recidivism, surrendered and frankly, are similar and matter different. In addition, probation, parole recidivism and related system, crime and the commutation system closely. 3 problems about crimes. Firstly, the principle of combined punishment for several applicable (Department, absorption principle, and principle of limitative aggravation principle) specific connotation of each principle and the corresponding advantages and disadvantages, to understand the different principle to different kinds of punishment is appropriate, but not with all kinds of punishment are suitable, so the principle of compromise or the comprehensive principle. Secondly, the concrete expression of the provisions of the criminal law to limit the increase principle, to absorb the principle and the addition principle to complement the comprehensive principle, namely the limitative aggravation principle under what circumstances, under what conditions should be used to absorb principle or a principle, and at the same time by two or three principles in what kind of situation. Finally, three kinds of understanding before trial, leaks the crime punishment combined punishment for several crimes and crime of graft, especially found leakage crime and committing new crimes and punish the difference, the so-called "first and then reduced" and "first decreased and then and" problem, actually can understand so, namely "the crime" (currently being executed punishment of sin) at baseline, and at the same time happen or occur before a crime from the sense of judgment shall be simultaneously and "crime", applicable principles of concurrent execution, then found during "leaks the crime in" the "penalty" (that is, in the "crime" before or instead of at the same time) of course, should be in the "crime" in conjunction with the decision to apply the principles of concurrent, since the "crime" of penalty has been identified in the earlier, so the application of "leaks the crime" and "punishment of the crime of criminal punishment", should identify the execution of penalties ", because the" punishment at this time has been partially implemented, so this part should be from the "executive punishment shall be subtracted", the so-called "first and then decreased". While executing in the "crime" in the course of criminal punishment, and new crime, that had been performing "the penalty crime" for its not what corrective action or "invalid", can vividly feel to this part of the "invalid" penalty will not be taken into account when the punishment (i.e. remove -- "first cut"), the part of penalty and the new crime will "crime" has not yet completed the execution of punishment are applicable for punishment, so called "first decreased and then and", which reflects the severe punishment of criminals to commit a crime. Three, criminal law examination error prone points After the talk, review review difficult, error prone points for what is, basically will stick out a mile, the people from the simulation training in recent years entrance examination and usual did indeed. On the general, easy to make a mistake or error rate higher knowledge mainly include: intentional crime stop difference, in the form of attempt and discontinuance of crime in the form of indirect intention and overconfident negligence, negligence and unexpected events such as fault judgment, penalty system in term of deprivation of political calculation, right time change, combined punishment for several crimes principle etc.. For these problems, objectively there are some difficulties, such as the discontinuance of crime, and attempted the difference between indirect intent and negligence with undue (i.e. cognitive negligence) and the difference in the theory of criminal law, there are many theory contend, unable to agree on which is right, but for the majority of the candidates, we are required to master the main is more common view (that said, these theories) is also reflected in the most authoritative textbooks. Such as overconfident negligence and indirect intention are different from each other, we can start from the cognition factor and will factor two aspects, in the understanding of the factors, although the two are likely to foresee the behavior harmful consequences, but for this possibility will be translated into the reality that is actually happening subjective estimation results of hazards is different: the indirect intentional psychology of possibility into reality not understanding and estimation error, also don't think this may not translate into reality, so the possibility into reality is the occurrence of harmful results case, between the subjective and objective results did not have a wrong understanding of human behavior, subjective and the objective is the same. And overconfident negligence negligence of psychological is different: the perpetrator has foreseen the likelihood of harmful results, but in the subjective cognition is that by virtue of its own capacity, technology and some external conditions, the implementation of the act, the possibility of occurrence of harmful consequences did not translate into reality, not only the possibility of into the objective reality of the erroneous understanding, the subjective and the objective is inconsistent. The difference between the two factors will more obvious, namely the two attitudes to harm results are different: the indirect intentional behavior of people do not want results, but not against the occurrence of rejection, therefore in the objective behavior does not rely on what conditions and what measures to take, to correct the results but allow someone to continue, to the laissez faire; and overconfident negligence behavior not only don't want results occurred, and hope to avoid a result, namely, exclusion against harmful consequences, which are the implementation of the harm behavior, must be by virtue of a self that can avoid the factors and conditions of certain harmful consequences its favorable factors, such as technical, physical, natural force or other preventive measures. About specific aspects of error prone points, relatively general, its distribution range is wider, and most of the standard law. For these error prone points, a one of the most effective way is to learn the law is especially typical crime and punishment, characteristics of the crime. The difference in the specific provisions of another error prone is some similar crimes, such as embezzlement and misappropriation of funds, the crime of negligence causing death and mayhem (to death), the crime of affray crime and crime. In this regard, we are learning, review these crimes, shall pertinently strengthen memory, separately from the main body, the subjective aspect (including criminal purpose), relationship between objective performance, objective, object and the law (if not the concurrence relationship) carry on vertical and horizontal comparison. Furthermore, we must be good at summing up, learning for some crime special addition (characteristics) special provisions or the law, such as the provisions on "absolute death penalty" crime: human induced serious injury, death or serious damage to the aircraft hijacking in (121st), in which the crime of kidnapping kidnapping death or kills the kidnapped person (239th), a riot to escape from prison, mass armed Jieyu crime and positive participant, if the circumstances are especially serious (second, 317th), the crime of corruption, bribery, corruption or bribery amount more than 100000 yuan, if the circumstances are especially serious (383rd, 385th). Moreover, some crime although implicated absorption relationship seems to be at fault as a crime in the criminal law theory, but according to the provisions of punishment situation, organization, leadership, participating in terrorist organization and utilization of the implementation of murder, explosion, kidnapping crime the organization (120th), by violence, threats to resist anti smuggling behavior (157th), to claim the insurance money for the purpose of intentionally causing the loss of property insurance, accident or cause insurant intentionally death, injury or illness should be combined punishment for several crimes. There are certain laws of this kind has the particularity and problems, often is the examination of the test is, if we can have enough knowledge and an important summary, it can avoid error lost phenomenon.