How to review the judicial examination in the general provisions of criminal law section

   The criminal law as a prohibitive norm, follows a strong law in operation. All the problems in general are the rule summary and refinement. The premise of penalty is a crime, crime requirements: first, based on the behavior of people the freedom to choose their own destruction of its due role in the society of law, and thus has a reprehensible -- guilt was established, which is what we call the subjective malignant (including the main contents). Two, as a modern criminal punishment, the behavior must objectively violated by criminal law to protect the interests of illegal -- establishment, is also the objective harm (including object). So for any crime fact judgment, must unify the principle as the standard to the subjective and objective. Essential to this point in dealing with the general principles of criminal law problems such as the common crime and the error of cognition, but also very effective. Error of cognition, such as embezzlement for two consecutive years examination, if the examinee to the principle of correspondence between subjectivity and objectivity to firmly grasp the words, the problem will be smoothly done or easily solved. Major cases of 04 years of criminal law in second test difficulty is wrong, also need to use the principle of unity of subjective and objective to solve. In fact, this principle is not only for the general content is very important, is the prerequisite to complete understanding of the specific content. In a word: always have the principle of correspondence between subjectivity and objectivity as a measure of scale in the view of criminal law issues.
   2, review the general content of taboo points cut orders, scattered to master, and should always pay attention to context.
The proper interpretation of the seemingly independent law content actually to other law existence as the premise, especially the general content. The principle of criminal law determines the content of the concept of crime, a crime against the acceptance of the concept of cause specific crime constitution. In the general theory of crime, the focus is the crime. In fact, all the problems are problems of crime constitutes a crime. Intentional crime unfinished form is the amendatory constitution of crime, because the crime without law to determine the ultimate consequences. Joint crime is a special problem of crime includes a plurality of subjects included. While the behavior is illegal or eliminate crime behavior, consistent with the Constitution and the crime in form, but because of the lack of punishment and become crime exception. So don't just act all in daily life as a legitimate act in criminal law, such as shouting to scare away the behavior of crime people, because of its form and the constitution of crime had no consistent and can not be regarded as legitimate defense. The criminal constitutive elements within the before and after the association, such as the criminal law on intention and negligence rules, not only is the psychological sense of intention and negligence, more important is the evaluation of significance, namely harm on their behavior and its consequences of judgment, in the subjective aspect contains the object and the the objective aspects. Behavior in daily seems to be a deliberate action, and in the criminal law could evaluation for negligence. For example, behavior intention to try whether can ignite and lighter paint with paint, resulting in serious losses. Although the behavior of paint acts out daily expressions of "deliberately", but the harm result -- the occurrence of fires and dangerous is negligent attitude. According to the definition of "article fourteenth of the criminal law of knowing that their actions would entail harmful consequences to society," people here do not constitute arson and only to set up a fire sin. Criminal law language, do not use everyday language to rigid understanding of the criminal law. The correct way of understanding can always guarantee the consistency of criminal law. In turn, can maintain a consistent understanding of criminal law is often correct understanding.