2014Years of Zhonghe judicial examination in criminal law teaching notes

 

Authors: Jia Xiaohui

 

 

 

The importance of Criminal Law -- "punishment" person in the world

The score proportion, criminal law for examination in the calendar year (vertical comparison)

☆ 2013 Scott criminal proportion (horizontal)

Department of law	Score	The proportion (out of 600)
Civil law	92	15.3%
The criminal law	81	13.5%
Criminal Procedure Law	77	12.8%
Civil law and Arbitration	71	11.8%
Administrative law and administrative litigation law	57	9.5%
Jurisprudence	23	3.8%
Economic Law	35	5.8%
Commercial Law	52	8.6%
The socialist concept of rule of law	28	4.6%
Constitution	23	3.4%
International Economic Law	15	2.5%
Private international law	15	2.5%
International Law	9	1.5%
Judicial system and legal occupation moral	12	2%

The new trend of criminal law science -- the Scott

☆ difficulty is increasing year by year

Example: (investigation, 8 questions aggravate plot and morphology study interpretation of criminal law 3 questions)

☆ controversial point of avoiding

Example: (60 theft and robbery distinguish dispute investigation, criminal justice five facts about occupy illegal trust qualitative issues of investigation)

☆ teacher personal point of view reflects obviously

Example: (7 questions over defense research, 9 questions instigator and indirect investigation)

☆ sub chapter titled with study

Example: (58 questions about the production and sale of fake and shoddy goods crime, 59 questions about violations of human rights crimes, 61 fraud on the understanding, 63 problems identified on bribery related crimes)

◆ ◆ the Criminal Law Review

☆ general

I grasp basic knowledge

II have different views on the same problem in criminal law

Understanding of the latest trends. Research on teacher theories of criminal law

☆ specific

I have no ground for blame key

Example: (theft, embezzlement, credit card fraud, embezzlement, bribery crime by the influence, this crime, counterfeiting crime, the crime of causing traffic casualties)

II increase the focus on mastering the dynamics

Example: (13 questions of the crime of false registered capital, withdrawing capital crime, crime of false capital contribution, 16 insult, libel, 17 questions of the crime of illegal medical practice and medical accident crime investigation, 19 questions of crime of felling trees and deforestation crime investigation, 20 questions of crime of illegal profiteering for relatives of inspection)

◆ ◆ ◆ the criminal law review information choice

A textbook, a set to write, read it over and over again

Related courses, focus on live video, and strive to master the basic theory of civil and criminal before the commencement of the

A this system strengthen stage notes

☆ a high quality simulation title, a good read

◆ ◆ ◆ ◆ ◆ review attitude adjustment

☆ everything from scratch, do not chew (again)

☆ early focus on basic knowledge and solid, do not have a superficial knowledge of (books to read)

☆ in the premise of basic knowledge, and then do Zhenti, Zhenti to three times (pay attention to the correct or not do not care about test and theory, Zhenti study)

 

 

 

Review the knowledge framework of criminal law

The constituent elements of a compliance

Illegal

The responsibility of the

The ground for elimination of illegality

Exception

Objective illegal sense"Crime"

Assume significance on criminal liabilityCrime

The constituent elements of a compliance

Illegal

The responsibility of the

The ground for elimination of illegality

Exception

Objective illegal sense"Crime"

Assume significance on criminal liabilityCrime

The constituent elements of a compliance

Illegal

The responsibility of the

The ground for elimination of illegality

Exception

Objective illegal sense"Crime"

Assume significance on criminal liabilityCrime

 Plain meaning interpretation

                        Expanding interpretation

                The interpretation of criminal law: narrow interpretation

                       The analogy to explain

             The basic principle of criminal law: the legal principle of crime and punishment

             

              Effect of criminal law: the spatial effect, time effect

                                                 Behavior subject

                                                       Harmful behavior

                                                       Harm result

                                                       Causality

                                                            

                                                                    Just Cause

                                                                   The emergency

                                                                    The victim's commitment

 

                                                       Intentional crime

                                                       Criminal negligence

                                                       The age of responsibility and responsibility

                                                       Possibility of knowledge of illegality

Preparation for a crime                       The anticipated possibility

                      Attempted crime

                      The discontinuance of crime

                      The accomplishment of a crime

                      Act together

                      The common principal offender

                      The common principal offender inherited

                      The indirect principal offender

                      The property from accomplice said

                      The instigator

                      Help offender

                      The principal, accomplice, accomplice under duress

                      The accomplice and the error of cognition

                      Accomplice and suspensionContinued offence

                      The essence of a crimeThe imaginative joinder of offenses

                                  Imaginative joinder of offences

                      Statutory one crime Combination of crime

                                   Gathered offense

                      Break a sin The absorbable offense

                                   Implicated offense

 

 

 

 

 

 

The LordPenalty: control, criminal detention, fixed-term imprisonment, the death penalty

               Penalty system

                         The additional penalty: fines, confiscation of property, deprivation of political rights, deported

                         Sentencing

                         Recidivism

               Measurement of penaltySurrender oneself

                         Render meritorious service

                         Combined punishment for several crimes

                         Probation

                                  Commutation

               With the elimination of the execution of punishment Parole

                                  Prescription

                                  Pardon

 

 

                         Rights of life, health, crime

               Personal crimeThe decision of the crime of infringement

                         The crime of infringement of freedom

                         Infringe reputation, privacy, democratic rights of crime

                        Violence, coercion type property crime: Crime of robbery, robbery, blackmail and impose exactions on Crime

                         Steal, cheat the property crime: theft, fraud

               Property crime embezzlement, misappropriation of property crime: the crime of embezzlement, embezzlement, misappropriation of funds

                        To destroy, property crimes: the crime of intentional destruction of property, crime of refusing to pay the remuneration

 

               The crime of endangering public safety

 

               Crime of disrupting the economic order

 

               Against social management of crime

                                   

                                    The crime of corruption and bribery 

               The functions of the crime against the state

                                    Crime of Malfeasance

 

                                     The crime of endangering national security

                Harm national order crime The crime of endangering the interests of national defense

                                     Military Crime of breach of duty

 

 

 

The first partThe criminal law theory of criminal law interpretation

Following inspection frequency

Years  Copy	2008	2009	2010	2011	2012	2013
The investigation contents	08-2-20: The interpretation of criminal law (1 points) 08-4-7: Statutory crime Case analysis	09-2-1: The interpretation of criminal law (1)	10-2-1: Statutory crime (1 points)	11-2-51: the interpretation of criminal law (2 points) 11-2-1: the legal principle of crime and punishment (1 points) 11-2-2: the legal principle of crime and punishment (1 points)	12-2-3: Legal principle of crime and punishment (1 points)	13-2-2: Statutory crime (1 points) 13-2-3: The interpretation of criminal law (1 points)

At the encoder core sites: Interpretation of criminal law, the principle of legality, the principle of suiting punishment to crime, the criminal law effect

Point one: the interpretation of criminal law

Origin	1, criminal code, separate criminal law 3, 2 subsidiary criminal law
Nature	1, strict 2, extensive and incompleteness. 3, supplement 4, security
Function Effect.	1, the function to protect liberty ★ (protection of citizens personal rights are not subject to national penalty right violated function) 2, legal benefit protection function ★ ★ (to protect the legitimate rights and interests against crime and the threat of function)
The criminal law Interpretation ★ ★ ★	The classification and the validity of criminal law interpretation         Effect	Legislative interpretation (formal)	The judicial interpretation (formal)	The doctrinal interpretation (informal)
Legislation (creative)   Itself is a law Legislature  Interpretation (declarative)   Effect of the same law   To comply with the legal principle of crime and punishment
[1] (2008-2-20) classical questions The legislative interpretation is made by the legislative explanation, since the legislature in making laws may provide "snatching with lethal weapon" the crime of robbery, so, the legislative interpretation can also be specified with lethal weapon "theft, the crime of robbery". Of course, the legislative interpretation is to explain, so, the legislative interpretation shall not carry out the analogy to explain. The judicial interpretation has the force of law, the judicial and legislative interpretations of conflicts, should apply the new explanation is better than the old principle of explanation. The however, the judicial interpretation of the effectiveness than the validity, the legislative interpretation so, legislative interpretation can be expanded interpretation, the judicial interpretation not expanding interpretation. The four sentence is wrong, which of the following statements are true?   A. first sentence correctly, other error    The B. of the right, the other error   C. in the third sentence correctly, other error     D.'s the first sentence correctly, other error
Expanding interpretation          Plain meaning interpretation           Expanding interpretation         (provisions edge meaning)  (the most common meaning)   (provisions edge meaning)                                                                                                            -                                                       Narrow interpretation                         The analogy to explain (less than the usual meaning)                 (beyond the maximum range of language)   Maximum range of provisions
Literal interpretation	Meaning: according to criminal law provisions of the literal meaning, punctuation to explore criminal terms may have meaning Example: 1, 17: one should, can understand 2, buy trafficked women, children, the crime of "buy" mean? The acquisition of or by money or other benefits to win? 3, 163 non national staff bribery crime and bribery crime meaning 365
Logical explanation	Expanding interpretation	In accordance with the spirit of the legislation, contact the relevant circumstances, interpretation of criminal law from the logic of the. Explain the meaning of criminal law provisions of the literal meaning is greater than. Example: 1, 267: Weapon: usage of weapon; 2, 263: financial institutions: armored car; 3, 49: women pregnant trial: custody; pregnant women during the trial: abortion women; 4, 116: the crime of sabotaging means of transportation in the "auto": large tractor; 5, individual cases will forge the explanation for the altered ※ Hints: expanding interpretation and analogy to explain the differences: The analogy to explain:It is different from other objects,But based onVery dangerous, and will it into law range. I, is beyond the possibility of national forecast: Expand the interpretation of the conclusions, not beyond the possibility of national forecast; The analogy to explain the conclusion, beyond the obvious possibility of national forecast. II, whether within maximum in legal terms range: Expand the interpretation of the conclusions, in terms of possible within the meaning of; The analogy to explain the conclusion, in terms of meaning may be outside the scope of. III, promoting a rank concept: Expanding interpretation level did not increase the concept; the analogy to explain promoted rank concept. Example: 240, the crime of abducting and trafficking in women: trafficking in adult men?    358, the organization prostitution crime: organization of male prostitution?
Narrow interpretation	The provisions of the criminal law explanation is less than the provisions of the literal meaning. Example: 1, 111: Intelligence: refers to the relationship between national security and interests, has not publicly or in accordance with the relevant provisions shall not open items. 2, 151: smuggling weapons: (ancient weapons) 3, 232: intentional homicide: normal mental person (consistent with the purpose of criminal law?) ;
Of course, interpretation	The use of rules: give light to heavy, with bright and light weight lifting Into the sin, give light to heavy: if the light crime, then with the same nature more serious acts of crime; A crime, with bright and light weight lifting, if not the crime, then with the same nature lighter behavior of course not crime. Example: 1, 267: 15 years old minors snatching with lethal weapon? 2, article 240th of the criminal law "stealing a baby" should be regarded as the crime of trafficking in children with aggravated circumstances, if the behavior of robbery, snatch the infant? Article second of criminal law: 3, eighty-first for the recidivism and murder, robbery, rape, kidnapping, explosion and other violent crimes was sentenced to 10 years in prison, criminals, life imprisonment without parole, if sentenced to death with reprieve? 4, Article 65 of the criminal law on recidivism and article 356 of the drug recidivism provisions
System interpretation	According to the provisions of the criminal law in the criminal law in the position, contact the relevant law meaning, to clarify its normative meaning. Example: 1, violence: the robbery and the crime of obstruction of official business; 2, the crime of fraud and crime of try every trick to mislead the public.

 

Combat exercises

[1] (2006-2-20) classical questions

Which of the following statements is true?

   A. compulsory indecency women in crime of "women" as including men, belonging to the expanding interpretation

   B. will be the crime of intentional homicide of "person" as "mentally healthy people" should be prohibited, belongs to the analogical interpretation

   C. will counterfeiting currency crime of "forged" interpreted to include altered currency, on which belongs to law allows interpretation

D. will be stealing, spying, buying, illegally providing state secrets, intelligence crime of "intelligence" is interpreted as "national security and interests, has not publicly or not should be public matters" in accordance with the relevant provisions, which belongs to the narrow interpretation

 

[2] (2009-2-1) classical questions

On the criminal law explanation, which of the following statements are true?

    A. will be the target of larceny "private property" is interpreted as "property of others", which belongs to the narrow interpretation

   B. will "criminal law" the 171st sale of counterfeit currency crimes in the "sale" as "buying and selling", a natural interpretation

   C. to carry guns and other equipment other than individuals carrying equipment prohibited countries robbed, interpreted as the robbery conviction, belongs to expanding interpretation

D. will credit card fraud in the "credit card" is interpreted as "with the consumer payments, credit, transfer settlement, access cash and other electronic payment card" all or partial functions, belonging to analogical interpretation

 

[3] (2011-2-51) classical questions

For the same concept in the context of criminal law, can be a literal interpretation can also be a logical explanation

② an interpreter for the same concept of criminal law, at the same time can not be both expansion and narrow interpretation

The criminal law analogy interpretation is prohibited, expanding interpretation is allowed, but expand the interpretation of conclusions may be wrong

The pursuit of rationality of interpretation conclusion, but not necessarily, in line with the principle of legality

The 4 sentence of judgement, which of the following statements is true?

   A. first sentence correctly, the second in the sentence error   B. Article II. Sentence correctly, the sentence error

C. first the sentence correctly, the second the sentence error   D. first in the sentence correctly, the error

 

[4] (2013-2-3) classical questions

The interpretation of criminal law, which one of the following options is wrong?

A, studies on physical interpretation of interpretation, judicial explanation does not belong to the analogical interpretation

B, the large tractor interpreted as "criminal law" article 116th crime of destruction of means of transport "car", at least is expanding interpretation and analogical interpretation

C, "criminal law" has many provisions are stipulated in the specific provisions of "fake" and "change", but not to the exclusion of the other provisions will be "altered" interpreted as "fake" a form of

D, "criminal law" the provisions of article sixty-fifth, under 18 years of age are not recidivism; "criminal law" the provisions of article 356th, smuggling, trafficking in, because of transportation, manufacturing, the crime of illegal possession of drugs was sentenced to punishment, and commit the crime stipulated in this section, shall be given a heavier punishment. According to the principle of interpretation, for people under 18 years of age do not apply to "criminal law" article 356th