Criminal law pandect high guidance notes

Cui Xueyong The editor)

[information]

"General provisions of criminal law high guidance notes (hardening stage)" Cui Xueyong Law Department of Beijing Normal University postgraduate entrance examination team compiled the "law for hardening stage series of guidance information".

The information in the2012Years of criminal law section specified materials - "general provisions of criminal law"[1]And "criminal law theory"[2]Based on the reference of the Beijing Normal University, teacher personally prepared for the latest version of the "criminal law" Teaching[3]From the teacher, class handouts, absorption2007Years relevant laws and the relevant judicial interpretation of the relevant provisions[4].

The data in accordance with the "textbook Introduction-To review the strategy-Point out-Over the years-Test prediction "compiling system."The textbook introduction"The study section of the site and the assigned material, correspondence, and was briefly introduced and the combing of the textbook, and guide everyone reading materials."Review strategy"Points out that each of the test sites need to master degree, and master the methods of test."Point out"Is the core part of this set of data. The test makes a comprehensive explanation and analysis."Over the years"Summary of professional once had a problem. Not only a collection of criminal law courses examined the question, also collected over law, criminal procedure and other professional had studied in comprehensive course in the subject."Exam prediction"Based on years Zhenti, had not considered point to point out to everyone, to fill gaps and lack of investigation.

This material has the characteristics as follows:1"The most complete".We put on general and may take an examination of the knowledge points are listed, and make a detailed explanation;2"The most simple".As not to increase the burden on students, test, try to be streamlined, remove the textbook tedious bloated language, collateral damage; 3Newest.According to the law newly revised textbooks, the textbook behind the practical problems;4"The teacher taste".The data based on the specified materials, reference to the Beijing Normal University Teacher newly published textbooks and teacher lectures, so this answer will not contradict and marking the teacher's point of view.5"The most practical".06So far, Beijing Normal University Exam repetition rate is getting higher and higher, examining other comprehensive professional lesson topic often get inside the professional course study of criminal law, criminal law courses in the subject will also appear again in the integrated course of. In the2011Years, the professional course of criminal law, repeated90Division (including indirect repeat). According to this rule, the data will be the professional involved in the calendar year Zhenti attached to each point behind, to facilitate access to.

This information is so far, the only set by Beijing Normal University Law graduate, doctoral composition of the postgraduate entrance examination team compiled PubMed counseling books, hope that through this book, to meet with you to Beijing Normal university! Because of the limits of time, information level, there are deficiencies, still need the candidates understanding, and sincerely hope that generous with your criticism.

This set of information, get the teacher's guidance, the examinee's support, thanks.

 

 

 

Cui Xueyong

2011Years10Month

 

 

The first part Criminal law theory

One, the source of criminal law

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

Two, the interpretation of criminal law

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

Three, the three basic principles

(a) the legal principle of crime and punishment

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

(two) the principle of equality in criminal law application

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

(three) the principle of suiting punishment to crime

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

Four, the effectiveness of criminal law

(a) the space of validity of criminal law

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

(two) the retroactivity of criminal law

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

 

The second part Theory of crime

One, the concept of crime and crime constitution

(a) the concept of crime

[materials]

[tactics]

[C] comb

[one]

[] sites prediction

(two) the criminal characteristics

[materials]

[tactics]

[C] comb

[one]

[] sites prediction

(three) the crime

[materials]

[tactics]

[C] comb

[one]

[] sites prediction

Two, the content of the constitution of crime

(a) the subject of crime

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

(two) the subjective aspect of crime

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

(three) the objective aspect of crime

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

(four) the object of the crime

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

Three, special forms of crime

(a) stop form of intentional crime

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

(two) the common crime

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

(three) the pattern of crime number

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

Four, proper behavior

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

 

The third part Criminal responsibility theory

Criminal responsibility

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

 

The fourth part Theory of punishment

One, the purpose of punishment

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

In two, the penalty system and the type

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

Three, measurement of penalty

(a), principles of sentencing plot

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

(two) the sentencing system

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

Four, the execution

[materials]

[tactics]

[C] comb

[] over the years

[forecast] examination

Five, the punishment annihilation

[materials]

[tactics]

[C] comb

[] over the years

[] sites prediction

The general provisions of criminal law amendments and compared before and after the

General provisions of criminal law

The first part Criminal law theory

The first part of the "criminal law" theory, corresponding to a given material "the introduction", the teaching material with the130To explain this part, in fact, only the source of criminal law, criminal law interpretation centre, three basic principles and scope of validity4A. For the first, two, four textbooks chapter can understand.

One, the source of criminal law

[materials]

The origin of the criminal law, no systematic textbook. Among them, the textbook chapter24,71-73,90Pages related to this issue, we can clean up the system. Should pay attention to is, textbook chapter90Describes the specific criminal law page (that single criminal law a3A) and in front of the single criminal law (that is1A contradictory).

[tactics]

This part direct questions test "possibility in criminal law origin" little master, should focus on the amendment to the criminal law, ethnic autonomous areas, or supplementary provisions. Criminal law amendment to master the following problems: the relationship between the subject and the penal code, and the modified conditions, compared with the single criminal law advantage; national autonomous local modifications, supplementary provisions to the following problems: in accordance with the nature, law makers, supplementary provisions.

[C] comb

The criminal law provides that the crime, the criminal and penal laws. The origin of the criminal law:

1The penal code.The criminal code of China's National People's Congress on1979Recently, in the1997For a comprehensive revision, after the NPC Standing Committee promulgated the8Amendments to the revised criminal law, and the necessary modifications and complements.

The amendments to the criminal law is an important part of the criminal code. The amendments to the criminal law during the National People's Congress Standing Committee of the National People's Congress adjourned, the premise in the basic principles of criminal law under different conflict, the penal code section to amend and supplement. China has issued8Amendment to the criminal law. Single criminal law and criminal law amendment is the revision of criminal code, compared with the single criminal law, because the criminal law amendment is part of the penal code, so the amendment to the criminal law, the criminal law amendment mode, more conducive to maintaining the continuity and stability of the criminal code.

2Separate criminal law.Single criminal law is the special regulation of the law document a crime and its criminal responsibility, punishment. Our country's current effective single criminal law only1A, is the National People's Congress on1998Years12Month29Promulgated the "on the punishment of sale of foreign exchange, evasion and illegal trading in foreign exchange crime", the decision to purchase foreign exchange crime creation, will be the subject of the crime of evading foreign exchange by the state-owned units extend to all China units, the illegal trade in foreign exchange for the crime of illegal business. Single criminal law independent of the criminal code, separate criminal law amendment and supplement of the criminal law by the way is not conducive to the stability of the penal code, therefore, so far, China only1A single criminal law, China is now using the criminal law amendment to modify and supplement the criminal law.

3The subsidiary criminal law.The legal norms that the criminal responsibility and penalty law, administrative law, economic law and other non criminal legal documents relating to specific crime.

4The national autonomous local adaptation, supplementary provisions.The criminal law article90The ethnic autonomous areas, cannot completely apply the stipulations of this law, the provisions by the autonomous region or province people's Congress formulate adaptive or supplementary according to the basic principle of the characteristics of the local nationalities in political, economic, cultural and the provisions of this law, shall be approved by the Standing Committee of the national people's congress. Here we should pay attention to two points:

(1) the "province" to make explanation of expanding. Municipalities directly under the central government are also included. The municipality of Chongqing is an autonomous region, Chongqing municipality directly under the central government may formulate local adaptation, supplementary provisions.

(2The nature of ethnic autonomous adaptation) provided controversial. The nature of national autonomous adaptation to local regulations or laws and dispute. If the local laws and regulations, is contrary to the principle of legality, even unconstitutional (Legislative Law "crime and criminal matters can only make the law").

5Hong Kong, Macao Special Administrative Region of the criminal law.

Before3Sources are applicable nationwide, universal validity, after2Only applicable to special area.

[] over the years

Glossary: criminal law amendment (09Criminal law courses)

[forecast] examination

Glossary: national autonomous local adaptation, supplementary provisions