Author: Director Huang after national judicial examination training center

The penal code has some provisions are particularly important to the examinee, pay a lot of time memory, such as the "criminal law" article17A full14With the age of16A person under the age of criminal responsibility. (17In the second paragraph of memory method is a key words: kill, rape, robbery, fire, explosion, poison, cast, injury), "criminal law" article22Through article23Regulations on the preparation for a crime, attempted, suspend the concept and standards of punishment, "criminal law" article25 Article, article26A principal concept, scope and the provisions of punishment, "criminal law" article 29Provision of abettor, "criminal law" article50Article on probation set period how to deal with, "criminal law" article65The provisions concerning the conditions of recidivism, "criminal law" article81On parole, parole application concept limits; and the specific provisions of the criminal law on the crime of causing traffic casualties, dangerous driving crime, crime of smuggling ordinary goods, goods, tax evasion, crime of insurance fraud, contract fraud, the crime of kidnapping, illegal detention, forced molestation of women, women and children in turn sell the crime, crime of robbery, theft crime, crime of fraud, embezzlement, bribery, obstruction of official crime, the crime of illegal medical practice, the crime of corruption, embezzlement, bribery, the crime of breach of privilege be forgetful of one's duties, the crime of specific provisions, etc..

Based on mastering key law, candidates should be in the important knowledge more efforts. The important points in the theory of criminal law generally include the following contents:

The general part of criminal law, the essence of point two:

　　1Space, the validity of criminal law(To effect, regional effect on people)The problem;

　　2The intentional crime(Direct intent, indirect intent), the negligence of crime(The fault of negligence, negligence of over confidence), as an accident, irresistible;

3, the age of criminal responsibility, especially the full14With the age of16The age range shall be responsible;

　　4, self-defense, emergency conditions;

　　5, preparation for a crime, attempt to distinguish;

　　6, joint crimes, common crime(The principal, accessory, coerced offender, abettor)The cognizance and punishment;

　　7Kinds of punishment, punishment(Control, criminal detention, fixed-term imprisonment, the death penalty), the supplementary punishment(Fines, deprivation of political rights, deportation, confiscation of property)The applicable conditions;

　　8The specific application of punishment, sentencing recidivist,:, 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 essence of index: ★ ★ ★ ★ ☆

Three, criminal law is part of the essence examination:

The specific crime, crime of endangering public safety, civil rights crime, property crime, corruption and bribery, crime of malfeasance is to examine the content of traditional, annual examination 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 possibility of crimes of endangering national security, military crimes, the crime of endangering the interests of national defense small exam, 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 crime, other charges in the exam is not involved.

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, the crime of bribery, crime of bigamy, illegal rental, a gun a 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, production, trafficking, replication dissemination of pornographic materials 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 notes defrauding, refused to pay the labor remuneration crime, the crime of abducting and trafficking in women and children, the crime of abducting and trafficking, organization sell human organs, the abandonment crime, corruption crime, play favouritism and commit irregularities did not 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, Drug trafficking logging, deforestation, the crime of breach of privilege, sin, sin be forgetful of one's duties crime.

The essence of index: ★ ★ ★ ★ ☆

On the criminal law review, the need to pay attention to:1.The specific provisions and general provisions of criminal law theory combined thinking, not general provisions of criminal law and criminal law theory segmentation;2.Limit note accurately distinguishing crime and not crime, this crime and other crime;3.Practical ability to solve the case, because now the judicial examination of the multiple-choice questions, multiple-choice, uncertain item choice, even in the options are actually a brief case, and not only in the part of case analysis to appear the case questions.

For example2012Year 2 of article54Questions about the crime, to stop this, which of the following statements is true?
 AAt a company meeting (General Manager), agreed to tax evasion. A letting financial personnel Huang will1Pen500Million in revenue to hide in the reporting, but later Huang to declare truthfully to the tax authority and pay the tax payable. Units belonging to the attempted crime, Huang of desistance of crime
BB to snatch the zoumou cash20Million yuan, after the discovery of all the counterfeit money. B constitutes a crime accomplished offense
CFor the purpose of selling. C, baby stealing, fear of criminal responsibility, and the baby back to its place. C a kidnapping crime accomplishment, do not constitute a crime suspension
DThe enemy. Ding Hu fired several shots were not hit, Humou by heart sudden death. Ding Chengli intentional homicide crime
[answer]ABCD

[D] crime stop shape

[2]
AXiang Zhengque: in the unit crime case, there may be unit attempted crime and the suspension of natural person crime situation, therefore in theAIn the study, belongs to the tax evasion crime unit, Huang of desistance of crime.
BXiang Zhengque: B rob Zou cash20Million, and found all the counterfeit money, object and contraband can become the property crime.
CXiang Zhengque: C for the purpose of selling, baby stealing, fear of criminal responsibility, and the baby back to its place, C a child trafficking crime accomplishment, do not constitute a crime suspension.
DXiang Zhengque: Ding on the enemy Humou fired several shots were not hit, Humou shocking attack by sudden death, the latter still die in the pursuit of the range, so the establishment of the crime of intentional homicide crime ding.[1]

We'll have a look2012Year 2 of article59One of the questions in general and special examination together:
A, b people pretend passengers boarded long-distance car. A gun control driver, the driver drove to a lonely road; the knife to control passengers B, passenger's belongings. A passenger revolt, B to poke into the injured. Property to his car, a killed the driver. About the case, which of the following statements is true?
A.A bus hijacking a hijacked car et al, crime
B.Jia et al constitute the crime of robbery, which belongs to the robbery in public transportation vehicles
C.B seriously injured passengers, without taking the crime of intentional injury shall be investigated for criminal responsibility
D.A shot and killed the driver, the crime of intentional homicide shall be investigated for criminal responsibility

[answer]ABCD

[D] carjacking crimes, robbery, crime

[2]
AXiang Zhengque: a bus hijacking a hijacked car et al, crime.
BXiang Zhengque: A, constitute the crime of robbery, which belongs to the robbery in public transportation vehicles ("criminal law" article263Article2Item).
CXiang Zhengque: B seriously injured passengers, not to the crime of intentional injury shall be investigated for criminal responsibility (still constitute the crime of robbery, namely, "criminal law" article263Article5The aggregated consequential offense or combination of crimes).
DXiang Zhengque: "" replied about robbery crime of intentional homicide conviction: "how shall act of robbery, to kill and murder, to robberyThe crime of intentional homicideThe conviction, implementCombined punishment for several crimes." Therefore, a shot and killed the driver, the crime of intentional homicide shall be investigated for criminal responsibility.[2]

　Four, case analysis, real power judicial interpretation does not relax

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 the crime of causing traffic casualties explanation)These require candidates to grasp.

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 legal provisions, 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, really understand the meaning of the title,"Hit on what one likes"To answer, then consider the concept or regulations each content involved, these concepts or laws explicitly series, recall.

    Case analysis only based on the Department of law, grasp the law department, lapping analytic questions. Listen to the subjective guidance is of no use. One of my earliest10Years ago called the method of practice into the proposition team, also urged everyone to see editing the highest Institute of applied jurisprudence of the court case, to train the legal logic and legal practice thinking. The subjective present criminal law (including the case questions) are criminal law attainments deep, profound theoretical knowledge proposition design cases, judicial examination papers proposition analytic role writing more. In the judicial examination in the criminal subject to less than civil law10Many points, but the subject quality, the difficulty is higher than that of civil law criminal law. So the criminal law becomes unusual important. Half the sky is civil and criminal law the civil law two, hold up half the sky, the criminal law is the collapse, always going through the judicial examination, judicial examination of the sky because you cannot support.

2012The second years which is the case analysis topic

[test] test of non national staff bribery, embezzlement, bribery, bribery crime by the influence, accomplice, attempted instigation, omission, causal relationship
[] the question answer 1The crime of bribery of non national staff, Huang, Li Mou of non national staff bribery crime. Rental of barren hills is transaction villager autonomy organization, not to accept the township government in the public management activity, village head at this time does not have the status of national staff, does not constitute the crime of bribery.

2Zhao father and Zhao the accomplice in bribery crime. Zhao father was not using influence bribery. Because only in the retirees receive property by taking advantage of the past, and no complicity with the national staff can constitute the occasion, use the influence of bribery.

3Other of in collusion with corrupt, as accomplices. Huang, Li made compensation constituted a crime of corruption, embezzlement accomplice is two people. Because two people together with Huang's job convenience for public property. Two people to the joint corruption crime amount, the amount of crime is50Million, and not in accordance with their respective share of the booty to determine the final amount of crime.

4Chen constitute theft abettors, belonging to the attempted instigation. Lee constitute the crime of intentional destruction of property. Lee while receiving stolen instigation, but not according to Chen's instigation caused harmful consequences, for automotive glass smashed this result, belong to more than common intentional behavior outside, is in charge of by Lee himself.

5Xing Mou does not constitute omission arson. Although the law expressly provides that the fire, everyone has the alarm obligation, but the obligation is not equal to rescue duty, alarm, at the same time, only in the behavior of people created a dangerous or has to protect, rescue legal obligations, the provisions in other laws, regulations and obligations, to the criminal law is not as the source of obligation. The fire in this case is Huang caused, Xing a just pass by, the risk does not create a fire, as a compulsory Xing no criminal law, do not constitute omission arson.

6Huang arson and fan death, in the fan's behavior.

Roughly rightfully causality (1According to the conditions that can be considered), between fire behavior and death"NoAThere is noB"Conditional relation (2) victim in the case, not accurately judge the risk return home to take money (3) victim in the case, take the money back to the house with common sense.

Generally the reason for denying the causality (1) according to the causal relationship, arson and death to the victim does not have the equivalent (2) defendants to implement fire behavior does not burn fan, fan for rescuing limited amount of property returns the highly dangerous places, counterintuitive (3The victim is normal adults) the spirit, of the consequences of his actions are very clear, therefore to be responsible for their own choices (4The victim attempts) to protect the legal interests of limited value. Only a to B residential fires, such as B in order to rescue the baby into the burned house, causality can be sure fire behavior and consequence between the death. [3]

Case analysis only based on the Department of law, grasp the law department, lapping analytic questions. Listen to the subjective guidance is of no use. One of my earliest10Years ago called the method of practice into the proposition team, also urged everyone to see editing the highest Institute of applied jurisprudence of the court case, to train the legal logic and legal practice thinking. The subjective present criminal law (including the case questions) are criminal law attainments deep, profound theoretical knowledge proposition design cases, judicial examination papers proposition analytic role writing more. In the judicial examination in the criminal subject to less than civil law10Many points, but the subject quality, the difficulty is higher than that of civil law criminal law. So the criminal law becomes unusual important. Half the sky is civil and criminal law the civil law two, hold up half the sky, the criminal law is the collapse, always going through the judicial examination, judicial examination of the sky because you cannot support. In fact, standard current is higher than that of civil law criminal law counseling.

In this paper, the preparation of reference books, examination center of the Ministry of justice analytic questions the main editor and proposition of core members of view, in particular, thanks.