The content and value, the principle of legality
According to the"Method"Sentence: a clear and effective in accordance with the statute, behavior, (determined) law, the strict interpretation, judicial application, convicted.
(1Statute law, customary law);
(2Pre law), after the law bans against the defendant (weight method). Citizens can forecast. From the old and lighter, allowing the application after the light method;
(3The proper law, clear, reasonable). No uncertainty, inhuman punishment, not punishment inappropriate punishment behavior;
(4The strict interpretation of the criminal law), on prohibition against the defendant explained. * even if the legislature cannot do analogical interpretation.
In accordance with the requirements of:1To make clear.②Appropriate:ANo punishment shall not be punished behavior;BProhibition of cruel punishment.
Value basis: democracy, human rights. People's law"Self-discipline"(democracy)·(Law)"Predictable"(human rights free).
Analogy: judge made law, undermining democracy; citizen unpredictable, violations of human rights.
The legislative interpretation, judicial interpretation of the provisions of the criminal law of time effect to be interpreted as the standard, it can be applied to the"Introduction"Before the occurrence of behavior.
　　
　　Two, the interpretation of criminal law (where applicable) and the principle of legality
　　1The concept, classification
(1Methods: literal interpretation) classification·Logical explanation
　　1Literal interpretation: according to law"Literal"The interpretation of meaning (customary usage).
An example:"Said above, below, within, including the number of".
The criminal law, the text of the agreement, according to text understanding, literal interpretation is preferred. Even judges, legislators also cannot exceed the text may have the meaning of the interpretation of the law.
　　②A logical explanation, reason, deliberate criminal causes, evolution and other related matters, in accordance with the spirit of the legislation, interpretation of criminal law method to clarify the true meaning of.
(2Explanation: narrow interpretation) content classification, expanding interpretation, analogy interpretation.
Be relative to"The common explanation"(literally) expanded or reduced, in accordance with the true meaning of criminal law.
Expanding interpretation: usually meaning that criminal law text surface than the true meaning of criminal law and the expansion of narrow, literal meaning, the true meaning of the criminal law.
　　*Narrow explanation: that the criminal law provisions of the literal meaning than the true meaning of criminal law is wide, so limiting the literal meaning, the true meaning of the criminal law.
* the value orientation of criminal law: the protection of personal rights. Allow the analogy interpretation favorable to the defendant, expansion, but does not allow the interpretation of disadvantageous analogy.
　　2Characteristics of analogical interpretation:
　　1Beyond the literal meaning, to make"The concept of upgrading"The degree of;
　　②Beyond the possibility of prediction from citizens, public awareness.
The analogy interpretation refers to the law does not expressly conduct, for other provisions similar provisions shall be punished.
An example1: the crime of destruction of military marriage"Cohabitation"Interpreted to include adultery;
An example2: compulsory indecency women, insult sin"Woman"Include"Male sex"Included.
　　3Of course, explain: of course things: convicted (conviction to people), lift light Ming, a crime (excluding guilty), weightlifting bright light.
(1Of course) explanation: that the criminal law does not express a certain matter, but according to the formal logic, normative and transaction attributes of truth, the matters within the scope of interpretation to include in the regulations.
An example1: for tax evasion by punishment2And constitute the crime of tax evasion, tax evasion, be punished3How time and tax evasion? Of course, constitute the crime of tax evasion.
An example2A large amount of crime: theft, theft amount is huge, nature also constitutes a crime.
An example3: (if the provisions of the criminal law, an act) to minor injuries constitute crime, (the act) wounded nature also constitutes a crime.
An example4According to the sale of cigarettes: no guilty (the illegal business crime), unlicensed trading counterfeit cigarettes is guilty. (greater harm to society)
An example5: in a non violent way of kidnapping children can constitute the crime of violence, then robbed (children), of course also constitutes a crime.
(2Explanation: in accordance with the law) against the positive expression, the derivation of the opposite meaning, cases, according to criminal law article50A sentence made two years reduced to no period, derivation,2Years shall not be less than.
　　4Rational expanding interpretation:
　　*The car comprises a large tractor;
　　*Prostitution including heterosexual, including homosexual;
　　*Damage is not limited to physical damage, including the loss of property (e.g., diamond, gold will I cast into the sea; will someone pets);
　　*Property contains the property interests, such as the others account transfer money to his account, robbery and other IOUs, creditor's rights and so on, to steal another phone;
　　*Mail including email;
　　*Mobile phone text messages containing false advertising false propaganda;
　　*The smuggling of arms and ammunition with spare parts;
　　*The abandonment crime with non relatives abandoned;
　　*Child molestation not reject coitus. Lewd women reject coitus.
　　5Often make errors in interpretation of the law: (elements) without add restrictions, elements, such as that of child abduction required"Purpose of adoption"The crime of theft, need"The secret of"The crime of seizing, need"Public property"Robbery, need"On the spot"Extortion, need"Future wealth"The crime of drug trafficking, need"Profit profit objective"Lure, prostitution, need"The purpose of making profit"The crime of accepting bribes, should seek to please"Improper interests"The crime of bribery, the actual"To seek illegitimate interests"Wait. These interpretations are wrong.
The source of error lies in the specific form of the life situation is equivalent to the crime problem, analysis should be strictly in accordance with the law, and not subjective.
　　6Interpretation is consistent with the principle of legality, lies in whether it right (purpose), is consistent with the maintenance of social order, rather than depending on whether it is beneficial to the defendant, because some the explanation is not consistent with the principle of legality.
　　
　　Three, the crime (objective) nature of social harmfulness and"The scarecrow event","Health care events"
Harmfulness."Illegal"Violations of criminal law to protect the interests of = = infringed the legal interests→The real damage·DANGER·Must not be infringed the legal interests (not guilty).
　　1Acts against the interests of the (object) (hazard·Illegal·Illegal) degree, have harm nature of the situation:
　　1The actual damage (results·Accomplished offense) such as casualties, property loss, property transfer of possession;
Results in harmful consequences, the law is generally set to accomplishment.
　　②Risk (may·Attempted offense)
Such as: fire, destruction of means of transport, not to kill people.
No particular hazards, the law is usually set to the unfinished.
　　2Impossibility: behavior seems violated the criminal law but in hindsight never infringed the legal interests, innocent.
　　1Ignorant, superstitious offense committed, such as a curse;
　　②Object must not, scarecrow event, in the wilderness, a mistake the scarecrow as B and shot the enemy;
　　③Tools and methods can not, health care products, health care products when the poison to kill the.
　　3There is still a dangerous situation: poison not lethal dose, false pesticide raticide, pick pocketing empty pockets, when to steal pry is empty (safe1Attempted crime (,)2The narrow sense): impossibility.
　　
　　Four, crime subjective characteristics (elements) and"Guiltless event""Subjective responsibility"(responsibility)
　　1Objective: the criminal responsibility of the crime of illegal (damage results), also be condemned (blameworthy·Sin) to bear criminal responsibility.
The establishment of any crime is the subjective intent or negligence; not intentional and negligent behavior, be guiltless event, impossible crime.
　　2Guiltless event: embodied in the "criminal law" article16A: in fact results in harmful consequences, but not the intent or negligence, but due to irresistible or unforeseeable causes, it is not a crime.
　　3Illegality and liability can peel evaluation? Can, because"Illegal is objective"The implementation, has nothing to do with the illegal person.
An example1The mental patient armour: B B, B is justifiable defence counterattack?
Answer: a behavior constitutes unlawful infringement, B can be self-defense counterattack.
The spirit of normal people and the mental patient killed another person behavior is unlawful infringement behavior, has nothing to do with the person's state of mind.
An example2: theft, fraud, plunder the age of criminal responsibility of the crime16Years old,15Old Jia to steal a car, the car is the proceeds of crime (loot)? Have an effect to the harbor?
Answer: B does not bear criminal responsibility, but a behavior is theft, illegal, he stole the car is the proceeds of crime, the third people that is a stolen car and buy, or a cover up, conceal the crime to offend.
An example3: the upstream crime such as smuggling, drug trafficking, but people have died, if the downstream effects of money laundering crime?
Answer: do not affect.
An example4: B20Years of abetting a15Old theft BMW car, a and B"Common crime"?
Answer: B does not constitute a crime, but the two human behavior is theft, B belongs to the instigator, a not bear criminal responsibility.

　　Five,"Elements unique concrete composition of crime"(content) and division:
The general is two points, namely objective·Subjective dichotomy1Objective factors· 2Subjective elements.
　　1Each sub"Is a"Crime legal punishment of crime + = = = = terms of penal code provisions = a
Human behavior is a violation, called the principal, or a crime.
Common elements of the four elements theory about the crime, ignoring the specific crime specific requirements, specific elements of specific crime is reflected in the specific provisions of the.
　　2In the case of kidnapping crime:
Positive: No.239A (kidnapping) to extort property for the purpose (to make) kidnapping, or kidnapping others as hostages (counts·Elements·Common form·The basic crime), department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property (legal punishment·Legal effect); if the circumstances are relatively minor, five years less than ten years imprisonment, fined. (reduced form·Reducing crime)
The crime mentioned in the preceding paragraph, the death of the kidnapped person or kills the kidnapped person, the death penalty, also be sentenced to confiscation of property. (aggravated·Aggravated offense)
Whoever steals an infant for extortion, shall be punished in accordance with the provisions of the preceding two paragraphs.
　　3For example: the defendant a put the kids next door kidnapped, and then ask each other with30Million for the people, otherwise will child killed.
A behavior consistent with the "criminal law" article239The kidnapping crime (kidnapping others as hostages) objective elements and subjective elements (extortion), that constitute a crime of kidnapping.
　　4Elements (content) other division:
(1Descriptive elements)·Normative elements:
　　1Description: elements of describing things, things can be described to determine the elements of cognitive meaning.
For example, the crime of stealing firearms"The guns"In the crime of rape women"Woman", are with objectivity, narrative description, only need to judge the understanding activity can be determined.
　　②Normative, contains elements of value factors, according to the needs of"Value criterion"Determine its meaning.
For example: obscene·Promiscuous·Obscene·Insult·Public property·Public safety·Illegitimate interests, needs assessment, judge standard of value judgment can be found.
(2The positive elements)·Negative elements: elements is definitely guilty. The elements of the offence, positive confirmation of positive; excluding criminal elements: negative.
For example: "criminal law" article389Article3The provisions of paragraph:"Because of being extorted gives property to a state functionary, gains no illegitimate interests, not bribery"That is, the objective elements of bribery in the negative elements.
(3Written elements)·Elements of unwritten: whether the elements used in the articles of"The text Express"Out.
The written constitution, refers to the criminal law of the elements, the vast majority of elements are written elements; unwritten elements, refers to the criminal law provisions on the surface not expressly, but according to the relationship between the provisions of the criminal law, criminal law to describe the relevant elements of the determined, elements must have set up a crime.
For example:"For the purpose of illegal possession"Is the theft of the unwritten subjective elements.
[example·MCQs] a classification element, which of the following statements is true? (2008Two more years51Questions)
　　A.In the crime of selling pornographic articles for profit"Trafficking"Is the account of the elements,"Obscene articles"Normative elements
　　B.Of the drug trafficking"Trafficking"Is the account of the elements,"Drugs"Is the normative elements
　　C.The coercive indecency women in crime"Woman"Is the account of the elements,"Obscene"Is the normative elements
　　D.The objective elements of crime of robbery is the enactment of the elements,"The purpose of illegal possession"Is the unwritten constitution

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[example·MCQs] "criminal law" article389The provisions of paragraph 1:"To seek illegitimate benefits, gives property to a state functionary crime of bribery, is."In accordance with the provisions in the third paragraph:"Because of being extorted gives property to a state functionary, gains no illegitimate interests, not bribery."On the above provisions, which of the following statements is true? (08Sichuan questions multiple-choice extension51Questions)
　　A."To seek illegitimate interests"Objective elements
　　B."Improper interests"Is the normative elements
　　C."Giving money or property to a state functionary"Is the objective elements, the positive elements
　　D.The provisions of the third paragraph, belong to the negative elements

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　　Six, not as→Really not as a crime·Impure omission
(a)"Defendant"Not as the two kind of charge behavior may violate the:
(1) specifically for not as stipulated charges (constitutive behavior is not as)"Legal omission crime"
For example: No.261A (abandonment) for the old, young, sick or any other person who cannot live independently, have the obligation to support, if the case is serious, place5Years of the following......
Article139Article one (not reported, or safety accident crime)"After the accident, have report responsibility personnel do not report or make a false report of the accident, bungling the accident rescue, the circumstances are serious, place......
Article129A (Crime of losing firearms without report) equipped with guns for the discharge of official duties according to law, personnel, losing firearms without timely report, causing serious consequences, at3Years of the following......
Article416A (not rescuing abducted women, children of sin) on the staff of state organs trafficking, kidnapping of women, children with rescue responsibility, was abducted, kidnapped women, children and their families to require or received other people's report, and on trafficking, kidnapping of women, children do not save......
The theory of criminal law in general will not as a crime is divided into two categories: one is pure omission offense or really not as a crime, the criminal law by not only as a form of crime; the two is the omission or UOC, that behavior as not usually as implemented in the form of form of crime.
(2) specifically for the act stipulated crime (constitutive behavior is as)"As the crime of statutory", such as murder, rape, theft......
An example1: the couple gave birth to a girl, found that children with a disability, so do not want to raise a child, will be placed on the couch after leaving the station, apparently, the couple is the obligation to support, the court found the constitution of crime of abandonment. This is really not as committed.
An example2A: unmarried girls, because they do not want to raise children, they will throw the child out of the window, which constituted the crime of intentional homicide. If the child himself locked the door to leave, is a typical negative crime.
(two) (the defendant) not as a general act established
　　1A (action) to ensure legal interest from damage obligation, referred to as: (action)"As obligations".
Source of obligations: (1Law (;)2) position, business requirements, such as fire extinguishing, doctor, official supervision,Animal husbandry has to stop its harm other obligations in the animal threat to others (3Legal acts (contract), voluntary behavior) produced, such as employment to take care of the baby, the expedition (mutual agreement4Because of dangerous behavior) previously made and produced, with neighbor children adventure, swimming. Include*Dangerous criminal negligence caused intentionally, felling trees, such as the injured person, traffic accident injured.
As long as the manufacturing of dangerous, whether legitimate, will become the source of obligation, but self-defense has no obligation.
For example: Zhang San in the street with knife blade of his wife Li Si, C policeman, director of Civil Affairs Bureau, health bureau chief onlookers have B alarm came, three people from ruin, the three men who would not because of his be prosecuted?
Answer: A, because a post request which has the obligation of assistance.
　　*A behavior intentionally injured others does not rescue, causing others to serious injuries or death, the intentional injuries, intentional injury crime.
　　2There is the possibility of performing duty, referred to as"As the possibility of".
The comprehensive judgment, ability to perform, difficult easy degree, degree of dependence degree of risk, legal security.
　　3Avoid the possibility of harmful results
[example·MCQs] about the crime of omission, which of the following statements is true? (2010Two more years52Questions)
　　A.A working in the workshop, careful not to make one iron sting into B heart, no immediately rushed to the hospital but fled the field B. The hospital certificate, even if B sent to the hospital, B could not be treated. A not B medical behavior constitutes the crime of omission
　　B.A felled trees hit others, knowing that no treatment immediately will cause death, still intentionally does not save. A not helping the injured behavior constitutes the crime of omission
　　C.A belt the neighborhood kids go out, the children fall into manure pond, a too dirty is not willing to rescue, he shouted for help, to B heard came to save the child, the child died. A not timely rescue behavior constitutes the crime of omission
　　D.A cigarette butt litter to see warehouse fire, to save and not save, quickly fled the scene, causing the fire to spread wealth loss. A not fighting behavior constitutes the crime of omission

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　　*Any inevitable result, do not belong to force majeure, no imputation.
Example, a production unit not to material disinfection, workers infectious disease death. But later found, even if a required may not find and kill the virus, to a non sterile and leading employees infectious disease death behavior should be investigated for criminal responsibility?
Answer: should not, because even a to do in accordance with the regulations can not find and destroy the virus, so, no guilt.
[example·Which of the following options MCQs] was not as a crime? (2008Sichuan extension 2 more questions52Questions)
　　A.Passerby armour saw an apartment fire without warning, led to the apartment all burned
　　B.Adults with the neighborhood kids B out of play, children from drowning, B found can help and not timely rescue, the child drowned
　　C.Third man is superior to woman, that she cannot continue incense, will only1Year old daughter to the train station, on the bench after left in a hurry. Because of the cold weather, so the police found the girl will be sent to the hospital, the girl has died
　　D.Pedestrian Liu Mouhou fully responsible driver Ding accidentally hit, did not immediately Liu to the hospital, Liu death. After the identification, even if the driver Ding Liu to the hospital, can't save Liu's life

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　　4In a legal as crime, the defendant does not act (a crime) and act fairly, referred to as"Equivalence".
(three) not as a causal relationship with the
If the perpetrator obligations can prevent or avoid the harm result, but the behavior person has failed to fulfill its obligations, the results happened, the omission causation and harm result.
*"Hold"As, * tax revolt crime as crime and not as mixed.
* violation is usually as standard, that is inappropriate for murder, for example, arson, robbery, rape;
* violates the order specification is not as, not as the essential behavior is when is not, for example, refused to raise children.

　　Seven, on the criminal law causality
Need to have two points, one is the condition (the reason), second is suspended (not retroactive).
　　1Conditions and heart disease·Hemophilia
　　"Conditions"That said, if not the formerAThe latter acts will not occurBThe results, soAAndBA causal relationship exists between, but also a necessary condition, is the result of can, need not be the only condition results.
Example: a person with cerebral aneurysms occur due to quarrel tore B, a B head forced clip in the armpit, B struggled a few cerebral vascular rupture bleeding to death. Conditional relationship behavior and ethyl methyl death results (if a non clamping B head, B not hard, then die not ruptured cerebral vascular), there is causality. Accordingly, the following situations although accidental, also think there is causality.
(1Atopy)
For example: B to kill deliberately targeted Lee a head shot, but hit Lee's chest (not hit the heart). Because Li is the hemophiliac, finally bleed to death. B between the behavior and the death of Li Mou has no causal relationship?
Answer: is there a causal relationship.
(2The specific conditions)
An example1B: in the mountains to kill enemy C caused the seriously injured coma, and leave. Without the ability to save woke up after the frozen hungry and die C. Ask the death and B C behavior has no causal relationship?
Answer: is there a causal relationship.
An example2: a kill shot intentionally to B, B to avoid the bullet hit his back, the results fall off a cliff and die. Act first and the second death results have no causal relationship?
Answer: is there a causal relationship.
Similar case still has: private network; because the watermelon was stolen, behavior person playing pesticides in fruit, others because of stealing and death, are considered harmful consequences and the behavior has causal relationship.
　　2.A fruit"And"The ambulance events""Proximate cause"If the independent result, blocking"Ultimate cause"The relationship between the results with.
*"The ambulance events"A: the assassination of B, B injuries. Ambulance B to hospital on the car accident, a car crash death B. A assassinationAAnd the second death resultsBThe relationship between the existing conditions, but because of intervention in the accidentC, car accidentCIndependent and normal risk range leads toBResult of death,CReason.
YesBFor.CIs"Proximate cause",AIs"Ultimate cause"Proximate causeC"Independent"The resultB, therefore, not to think that is a behavior caused b the death happened.
Can also say: ifAAndBBetweenC, andC"Independent"CauseB(results), willBAttributable toCNo crossCTrace back to theAThe. This is called"Non retroactivity"Rule,AAndBAlthough the relationship between condition but does not think on causality in criminal law.
This can also be regarded as:AAndBThe relationship between the conditions forCIntervention is interrupted, no causal relationship.
　　"Interruption of relations""Conditions"Correction:
* how can cause"Block"Ultimate? For recency"Independent"The result:1Enough and in fact result;②Proximate and ultimate no closely related intervention. In the event as an example:1Car accident caused by death;②Kill (Ultimate) and accident (cause) not close contact. Because of the risk of car accident and kill no relevance.
[example·RadioButtonList] about criminal law causal relation judgment, which of the following statements are true? () (2007Year 2 Dan Xuandi1Questions)
　　A.A robbery and assault a chapter, chapter one escape, a subsequent chase. A chapter in the escape from the wallet carelessly fall on the left, a lost wallet. The causal relationship between violence and obtain a property
　　B.Ethyl on killing mean knifed Cheng, see Cheng after the injury is very painful, and deliver it to the hospital, but the doctor treatment there are significant errors, resulting in one death. B there is no causal relationship between behavior and the process of a death
　　C.C through a railway crossing is on duty, met acquaintance with a, chat, lead to a failed to put down the railing, the train will run over by huang. The causal relationship between C and Huang's death
　　D.Ding to kill Li Mou and its head, the fatal wound,2Hours after death. In Li Mou begging, Ding drove them to hospital.20Minutes later, a high driving trucks speeding, hit the Ding car induced Lee died on the spot. The causal relationship between Ding behavior and Li's death

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Note: proximate interrupt causality must be independent of the degree of errors or defects, especially the medical, for example, a knife in the B of abdomen, rushed to the hospital, the doctors wrong, flaws or failures in the rescue after death, B. The causal relationship between the defects or mistakes are not enough to block a stab behavior and B death results, this case should be identified as"A fruit"A causal relationship between behavior and B, a death; medical accident can interrupt the causal relationship need to separate the degree, such as the wrong needle, eating the wrong medicine, leading to a no serious deaths, this situation can be considered proximate interrupted the cause and effect relationship.
[example·RadioButtonList] about causation, which one of the following options is wrong? () (20062 Dan Xuandi2Questions)
　　A.A deliberately hurt B and caused the injury, B was sent to the hospital. That night, the fire burned the hospital, B. There is no causal relationship between the harmful behavior and B a death
　　B.A homicidal intentionally to B violence, serious shock caused by B. I believe that B has died, to conceal Zuiji, ethylene and threw it into the lake, which was drowned. The causal relationship between homicide and B a death
　　C.A and B because of trivial dispute, to B chest like a thrust, which was a heart attack, died despite medical treatment. The causal relationship between behavior and B a death, whether to bear the criminal responsibility should be regarded a subjective on the set
　　D.A and B have a see of C, B to C food put in5Mg poison, and that5C death induced by Mg poison can not, then add in B without consent5Mg poison, death by eating. A delivery5Mg deficiency that poison itself C death, so there is no causal relationship between a poison and C of the death

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　　3The causal relationship between the behavior and criminal result (special specific crime causal relationship)
Such as between intentional homicide and death results, theft and money; between robbery and get property results, goods delivery between fraud and blackmail and impose exactions on others, and others among the goods delivery.
Example: A to B fraud ten thousand yuan of money, B through a hoax, out of pity and gave a ten thousand yuan, at this time, not because of B being lied to and delivery, in this case, meet not causation rules constitutive behavior and the result of fraud to cheat a between and get a property, so although there is fraud, but did not reach the fraud results, it is attempted fraud.
As well as blackmail and impose exactions on crime, intimidation and get the property must have a causal relationship between.
Example: A: B, let B take20Million yuan to a payment, otherwise will kidnap the son of B, B alarm, the police in accordance with the plan to bring money to the designated place, the police in a receiving the money when a captured. At this time, a get20Million is not because B fear, but because of the need of police forensics, therefore, there is no causal relationship between the acquisition of wealth and a blackmail and impose exactions on, a bear only attempted to blackmail and impose exactions on criminal responsibility.
[example·RadioButtonList] a will own a car to hide, that claim to the insurance company to the car is stolen. The insurance company that the case suspicious, immediately to the police. In the mastery of sufficient evidence, the investigation organ for insurance company to a"Settlement of claims". A to the insurance company financial room for two floor20Million yuan compensation, just as he reached the first floor is for many investigators arrested. About a behavior, which of the following statements are true? ( )2009Year 2 Dan Xuandi15Questions)
　　A.The crime of insurance fraud crime;
　　B.The crime of insurance fraud crime;
　　C.Preparatory crime of insurance fraud;
　　D.The crime of contract fraud

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* existence condition between preparatory acts and results, there is no causal relationship between.
Example: a toxic B beforehand will prepare wine on their shelves, happen to others to drink and death. A not yet implemented intentional homicide behavior, not the others died as a result of blame a intentional homicide, and can only be identified as the death caused by negligence, imaginative joinder of a set of intentional homicide of preparatory crime and the crime of negligence causing death.
　　4No actual results no causal relationship, can not be supposed, imaginary"Result".
Example: a car hit B, B injury may in5Hours after the death, but2Hours is not killed in by the C. Therefore, in fact is C killed B, the causal relationship between the behavior and B C death results, and there is no causal relationship between behavior and B a death results.
Example: a will board a plane B stabbed, B was carried off the plane to rescue, but for rescue invalid death. After the plane took off2Hours of explosion, the crew escaped. If B take this plane will die, but a behavior still and B to death as a result of a causal relationship between, and the plane exploded or not.
　　5No way to important legal manufacturing risk not allowed (ultra conventional risk), no causal relationship.
People travel by plane, train to travel, adventure, a car, running, the plane crash, train derailment etc..
The risk of these behaviors and occurred after the no causal relation, because (1) these behavior itself is not illegal, is not prohibited by law (2The plane, adventure) and other flying adventure, who bear the same risk, does not produce ultra conventional risk. Because no matter who travel with the degree of risk.
[example·Causality RadioButtonList] about criminal law, which of the following is correct? () (20102 Dan Xuandi3Questions)
　　A.A shot of ethylene, ethylene quickly Dodge, the bullet hit behind B C. With no causal relationship between behavior and the C a death
　　B.A chased the thief B, B hurried into a speeding car died. The causal relationship between the behavior and B a death
　　C.A and B, no contact, just shoot C at the same time, and were hit by the heart. With no causal relationship between behavior and the C A, B's death
　　D.A homicidal intentionally to B food put in a lethal poison, but in the poison effect, shot and killed a B C. With no causal relationship between behavior and the B a death

　　[Answer number 836030104Aiming at the questions: questions]

　　6Dual causality, although not a conditional relationship, still have a causal relationship. Such as the above questionsCItem. Two sufficient conditions.
Example: A and B, each on the lethal dose of poison in c cup, led to C death. A and B, any behavior is sufficient to cause the death of C, therefore, a and B, behavior is reason C death.
　　7No conditions, no causal relationship.
Example: a poisoned C, C poisoning death of B shot. Even without a poison B will be shot in C, C died in the shooting and a poison free.
　　8Objectivity of causality.
The behavior of the criminal responsibility of at least2Conditions: (1) have a causal relationship (objectively2) has subjective fault. Causation is the objective prerequisite (one of the conditions of criminal responsibility).

　　Eight, (the specific crime of intentional and unique) elements of fact cognitional error
　　1Constitution deliberately=Knowingly"ArticleXXThe objective elements of crime"Assume responsibility for their own purpose of elements of the objective facts.
(1The criminal law article)360A (constitutive elements of crime of spreading venereal diseases) knowing that they are suffering from syphilis, gonorrhea and other serious sexually transmitted diseases, prostitution, whoring, office5Years of the following......
Given a young girl under the age of fourteen, more than five years in prison, fined.
Article360The establishment of the crime (Crime of spreading venereal diseases) elements:1Objective: a venereal disease·Prostitution;← IISubjective: knowing
Given a statutory crime elements:1Objective: given a young girl under the age of fourteen;← IISubjective: knowing.
(2) article258A (constitutive elements of crime of bigamy bigamy) has a spouse, or knowingly marries a person who has a spouse, office2Years of the following......
　　1Objective elements: I have a spouse bigamy·I am single, marries a person who has a spouse;②Subjective: knowing (content)→Bigamy (objective elements of this section).
(3) article259A (the crime of destruction of military marriage) known to be active duty military spouses and cohabiting or married, at3Years of the following......
　　1Objective elements: military spouse bigamy·Cohabitation;②Subjective: knowing (content)→Active duty military spouse bigamy·Cohabitation
Elements of every crime of intentional content, just knowing the objective elements of the crime, which is the basic point of conviction.
Example: A is the spouse of an active serviceman, but to cheat B said he is the ordinary people of the spouse, B and B bigamy, only constitute bigamy, rather than the crime of destruction of military marriage, because it does not know the identity of a serviceman spouse.
(4) article312A: (hide conceal the proceeds of crime, the proceeds of crime) that is the proceeds of crime and its benefit and to be harboring, transfer, acquisition, sale or for other ways to cover up, conceal, office......
(5) article191A: (money laundering) that is smuggling, black society......The proceeds of crime and the proceeds thereof, to cover up, conceal the source and nature...
(6) article264A: the theft of large amount of public or private property or multiple theft, office3Years of the following......
　　1Objective: against will steal others occupy,②Subjective: knowing"Possession of others"And steal
(7) article270A: will take custody of property of others illegally for himself, the larger amount, refusing to return, at....... Others are forgotten or buried property illegally for himself, the larger amount, if he refuses to do so, shall be punished in accordance with the provisions of the preceding paragraph. The crime handled only, tell.
　　1Objective: to occupy my custody of property of others·Forgotten property·The buried objects,②Subjective: that is from the possession of others while attempting to obtain the ownership of the object.
(8) article127Whoever steals, seizes guns, ammunition, explosives, office3Years or above10Years in prison; if the circumstances are serious, place10Years of imprisonment, life imprisonment or death.
　　1Objective: theft, snatch firearms ammunition,②Subjective: knowing that their stolen guns, ammunition
For example: a deliberate theft of common property and carry away a suitcase, open later found guns, a only constitute the crime of theft, not theft of firearms.
(9) article280The theft, robbery, destroys the official documents, certificates, seals of state organs, office......
(10) article282The by stealing, spying or buying, illegally obtaining state secrets, office......
(11) article302A theft, insults corpses, office3Years in prison, detention or control.
(12) article329A robbery, theft of state owned archives, office5Years in prison or detention.
(13) article345The felling of forest or other trees, large quantity, at......
[example·MCQs] on the elements intentionally correct statement is? ()
　　A.The crime of intentionally stealing firearms knowledge content is: knowing that others have guns and steal
　　B.Theft of official documents, certificates crime intentionally know content is: knowing that others share of official documents, certificates and steal
　　C.Crime of illegally obtaining state secrets intentionally know content is: that is a state secret and steal
　　D.Theft is intentional understanding: knowledge is possessed by others (common property) and steal

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[example·RadioButtonList] about the content of intention, which of the following statements are true? () (20082 Dan Xuandi2Questions)
　　A.Their possessions in a known state organs Management, but I do not know at this time of personal belongings should be on and return to public property. A lack of understanding of the objective facts established larceny must, therefore was not theft
　　B.B on the purpose of illegal possession of the property to steal military handbag, may have guns still steal that bag, the bag was a pistol. B no illegal possession of guns, it was not the theft of firearms
　　C.The establishment of the crime of child molestation, ask the actors know the victim is or may be dissatisfied with the14Years old of children
　　D.The establishment of drug trafficking crime, not only requires the person recognizes his trafficking drugs, but also the person recognizes the type of drug trafficking

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　　2Identify the constituent elements intentional theory:"Knowingly"To what extent?
There are two kinds of views on this issue: one is the specific meet said: that is subjective to recognize and actual facts must be specific; another is that is to say, as long as the subjective awareness and actual facts inElements(legal) can be consistent range, no specific agreement.
Example: the232Article:"The murderer, at......"The actor's subjective attitude, to which extent constitutes"The crime of intentional homicide"?
That is to say that, as long as the actor is"People"And kill the can, need not actually aware"APeople"Or"BPeople","The man"Or"The woman".......
While the specific meet said require specific is"APeople"Or"BPeople","The man"Or"The woman".......
Example: that is to say that the theft (property): intentional behavior as long as people know, the property can be, do not have exact to watches, necklaces, cash, antique. Theft (gun) deliberately: know guns can, need not accurate to the pistols, machine guns, submachine gun, with imports, domestic products.
　　3Cognition errors of facts
Cognition errors of facts: intentional crime subjective cognition are inconsistent with the actual situation. Classification:
(1) the same elements within the scope of the error (concrete mistake of fact), referred to as"Homogeneous error"Although the behavior, knowledge of the facts and the actual fact is not consistent, but still not beyond the scope of the same crime, the behavior person just range in a crime has occurred in the mistake of fact, which is also known as the same crime within the error.
　　1Object error (inconsistent objects but not out of the same elements, i.e. behavior range) people who mistake a as B objects to be violated, but a object and B objects manifest the same law, the actor's understanding content and objective fact still belong to the same crime situation.
Example: a wanted to kill Zhang San, but Li Si as a piece of three and killed.
　　②Combat error (error), the error behavior itself, leading to the object behavior person to attack and the actual victims are not consistent, but this inconsistency is not beyond the same crime.
Example: a gun three, because the gun not hit Lee four, leads to Li Si died.
Here, the object a to strike did not admit, but because of uncertainty and error in marksmanship Li Si, with the above object error.
　　③Causality errors, refers to the violation object without error, but the cause of the development of causality violation behavior and expected the inconsistent results, and against the push back or early occurrence.
Example: A to B into the well to drown, so will b into the well, do not want the wells have dried up, but because the well head distance bottom is too high, has been killed.
[example·The defendant multiple-choice] in the following cases, who had cognition errors of facts? ()
　　A.A attempted murder of three, shot and killed Zhang San
　　B.B the attempted murder of three, because the wrong man, Li Si as a three shot and killed Li Si
　　C.C the sword Zhang San, but had to pull Li Sitou, Li Si to death
　　D.Ding Yusha Zhang San, putting it in the well. The well is dry hole, Zhang San killed, Ding thought
　　E.E to kill Zhang San (people) have killed Zhang San's pet
　　F.A murderer intentionally use a knife to kill the wounded B, B, but B for patients with hemophilia, died of excessive bleeding

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(2) between different elements of error (Abstract mistake of fact·The error of the object·Inconsistency beyond the law),"Non homogeneous error".
Abstract: the error refers to the facts and the reality person recognizes the fact, belong to different constitution of a crime; or the behavior of known facts and what happened across the different constitution of crime, which is also known as the error between the different constitution of a crime.
Example: a will"The guns"Mistaken"Property"To steal; the military wife mistakenly believe that ordinary people.
　　4That is to say, the wrong understanding and specific facts·Abstract the fact mistake
The fact error, but it is still not consistent within the limits prescribed by law, said the specific error, not drag it deliberately guilt; beyond the scope of the abstract elements, called error, stop"The excess"Intentional crime.
[example·MCQs] a gun B, but because there is no aim and hit by C, C death. About the case, which of the following statements is true? () (2006Year 2 or article52Questions)
　　A.A behavior belonging to combat error
　　B.A behavior belonging to the same crime within the fact error
　　C.According to the statutory coincidence, constitute a crime of intentional homicide (accomplished)
　　D.According to the concrete with intentional homicide (attempted) constitute a crime and the crime of negligence causing death

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[example·MCQs] about sin, which of the following statements is true? () (20102 or article51Questions)
　　A.Be forgetful of one's duties behavior a while causing a loss of public property, but in a not recognize that he is the staff of state organs, there is no sin
　　B.A deliberately gun the enemy B, but because there is no aim, will b cars destroyed. A Constitution attempted murder
　　C.Admission to a wall B dog to vent their anger against, but the dogs on a throw poisonous meat disregarded, into a body, under a sword and kill the dog. A does not constitute the crime of intentional destruction of property, and belongs to the accident
　　D.A due to negligence causing death, a should be foreseen and no harm result predicted, which may be harmful consequences of death, harm result may also occur only others injured

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　　5Although the abstract error, but there are some consistent (coincidence), it shall bear the corresponding responsibility overlapping part.
(1) behavior with misdemeanor intent to cause a felony misdemeanor crime establishment effect, rather than attempt.
[example·MCQs] C to deliberate theft, stolen small caliber pistol with a value of 10000 yuan in motion, the right is the ().
　　A.C no stealing guns intentional even produced objectively"Theft of firearms"The effect is not established the theft of firearms
　　B.Propylene was attempted theft
　　C.Propylene was accomplished larceny
　　D.C to misdemeanor (theft) intentionally produced a felony (stolen gun) objective effect, only in the misdemeanor and felony willfully (theft) effect (gun)"Coincidence"Assume the theft crime

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　　*Will occupy others' property mistakenly believed to be forgotten but for it, should be the crime of embezzlement (accomplished).
[example·MCQs] a coach, mistakenly think that the driver seat bag for side B all (as drivers of all; b) after a stopover, a mistake B forgot to take the bag. In order to illegally occupy the handbag property (a driver for others to purchase13Mobile phone, value2.6Million), a get out ahead of time, and the bag. The driver after arrival found her bag was missing, then. The researchers found that a major suspects, asked a nail, but refused to admit, do not hand bag. With regard to the case, the following statement is correct (). (2004Year 2 or article88Questions)
　　A.Because of a mistaken bag for forgetting things, so, mistake a belongs to the fact error
　　B.Because of a mistaken for forgotten bag, deliberately so that no stealing other people's property, according to the principle of unity of subjective and objective, a behavior constitute embezzlement
　　C.Because the bag actually belong to the driver of the property, therefore, a set of larceny behavior
　　D.Because the bag actually belong to the driver's belongings, deliberately, and armor and no theft so, a behavior was not theft; and because a has deliberately embezzling objects forgotten, but the bag in fact does not belong to the forgotten things, so, a behavior does not constitute embezzlement

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(2Felony misdemeanor) to deliberately cause effect, felony attempted rather than a misdemeanor crime establishment.
Example: a deprivation of life meaning to B shot but because there is no aim in C minor injuries, a should be attempted murder.
　　6The result of excess, both results are also used the statutory coincidence
Example: a poisoned and ethylene induced ethylene propylene and two people died in a fire caused by death; B B C of C injury, who were also set up deliberately.
　　7Aggravated offense (causes) responsibility, also applicable statutory compliance with said
　　2009Juan Erdi58Title OptionsCC: and he a common robbery a strict property, a strict screaming for help and intense revolt. C stabbed a strict, strict a Dodge, C will he stabbed to death
Answer: the combat error, the error of fact, in accordance with the statutory compliance with said, does not affect his death he some negative robbery causing death (aggregated consequential offense) responsibility.
[example·MCQs] a murder of ethylene, ethylene from the bridge of pushing down the river, a that B is drowning, in fact B is head contact pier died. With regard to the case of the correct term is ().
　　A.The existence of a causal relationship
　　B.Recognize the error causation
　　C.A intentional homicide crime
　　D.The crime of intentional homicide deaths caused by attempted and negligence

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* the specific object as aggravation matter, need to know.
Example: a robbery of military supplies or disaster, disaster relief, crime, needs the behavior people know his robbery is the military supplies or disaster, disaster relief, relief.