New Oriental Big Dipper judicial examination research centerChen Yongsheng

   Before this year's judicial exam outline, the society has already spread, said the judicial exam outline of criminal part adjustment this year is very large. From now published outline view, criminal law part of the adjustment is relatively large, however, the candidates for the exam but little effect. Specifically, the criminal law judicial exam outline part this year have the following changes:

One, the crime theory system was adjusted

   Theory system from the former Soviet Union traditional crime in our country, is a "unified" theory of constitution of crime, specifically, including the subject, the subjective aspect, the four aspects of object, objective aspects, including the evaluation of objective illegality of crime, including the crime subjective evaluation of responsibility. According to the traditional criminal evaluation method, as long as the constitutive elements of crime, usually considered to constitute a crime. This kind of crime constitution evaluation method is too general, lack of hierarchy, so many years ago, many scholars have advocated the western civil law system of criminal theory, to China's criminal system reform, this year's judicial exam outline to achieve this adjustment, it should be said that is worth affirmation. However, the adjustment of the main significance is in theory, as long as the criminal law does not modify, little influence on the judicial examination, and even can be said to have no effect, so the candidates did not need to worry about. The reason that the crime rate of the adjustment system has little influence on the judicial examination, there are two main reasons:

   First, the criminal theory system is the traditional evaluation of new crime all conditions are rearranged, and no increase in new condition, also did not modify the original condition. Specifically, according to the traditional criminal theory system, to evaluate whether an act constitutes a crime, the first to see if they are consistent with the constitution of the crime, then the existence of self-defense, emergency hedge of excluding criminal matter, if accord with a crime constitution, and not in self-defense, emergency hedge eliminate crime reason, that constitute a crime. According to the new system of criminal theory, whether an act constitutes a crime, the evaluation to the three stages of progressive: one is whether it has satisfied, that is whether accord with the constitutive elements of the crime; the two is whether the illegality; the three is whether has the responsibility. Then, on three levels of crime after modification and evaluation on China's traditional evaluation on the two levels of crime is what relation?

   We first have a look first step evaluation should be. We need to note is, although the revision after the crime theory system the first step should be evaluated whether the crime is accord with the constitutive elements of the crime, but the crime and traditional crime constitution important document, contains the content has been greatly reduced. The modified constitutive elements of crime is the focus of crime, including behavior, behavior subject, behavior, result object behavior, behavior and behavior of the causal relationship of five items. And, behavior subject here includes only the subject of natural person and unit subject, general subject and special subject. Then, in the age of criminal responsibility, criminal responsibility of traditional crime constitution, and the subjective aspect of the crime, which is intentional, negligence, objective and motivation, cognition to the problems, where to go? To the evaluation of crime third liability to the. In addition to the original constitution of crime in the crime object is replaced by legal interest, and was greatly weakened, the traditional teaching materials will be the object of crime than about the general object, the same object and the direct object, simple objects and complex object and content have been deleted.

   Then, the second step illegality refers to what? The illegal substance refers to violations of the law to protect the interests of the form, refers to the violation of the criminal law banned or ordered clause. As with the crime constitution behavior usually is illegal, that is to say, in line with the second conditions are usually meets the first condition, so the illegality is mainly from the negative evaluation, is also the existence of self-defense, emergency hedge of excluding criminal matter; as long as there are no such exclusions crime reason, think is illegal. The justifiable defense, necessity is China's criminal law made clear provisions to exclude criminal matter, the previous program there, thus increase the illegal behavior evaluation and did not increase the burden of students.

   The third step responsibility we have just said, including the traditional crime constitution, criminal responsibility age of criminal responsibility and the subjective aspect of the crime; in addition, also includes two obstructing liability matter: one is the existence of illegal possibility, two is whether there is a possibility of expectation. Traditional crime constitution in some age of criminal responsibility, criminal responsibility and subjective aspect of the crime, and therefore did not increase the burden of students It goes without saying that, even if is knowledge of illegality and the anticipated possibility, although our traditional crime constitution theory does not contain, but last year's program has increased in the last year, and also in the judicial examination a topic, so this year, it should be said also did not increase the burden on us.

   Second, according to the relevant sources of information, in order to avoid the increase the burden of students, concerned knowledge about new criminal theory system, such as what should be, what is illegal, what is the responsibility of, and the relationship between the three, not in this test content, test on the three requirements includes the knowledge points. The included three requirements point of knowledge, because the criminal code does not modify, and compared with the previous no change.

Two, increase the "criminal law amendment (seven)"

   Different from the criminal law, criminal procedure law and regulations on new tendency is very obvious tendency of criminal law, test new laws and regulations are not obvious, so the amendment to the criminal law "(seven)", we grasp the key problem, also is the five crimes judicial exam outline added on it.

(a) three charges of corruption and bribery in the increase in

   The 1 national staff bribery near relatives or close people sin: national staff near relatives or other with the national staff close to the people, through the state working staff's behavior, or by the state authority and status facilities, staff positions in other countries behavior, to seek illegitimate interests as trustees of property as trustees, ask for or accept a large amount of property as trustees, or have other heavier circumstances of the act.

   The crime of accepting bribes 2 left the state personnel: state personnel leaving the.

    3 turnover of national staff bribery near relatives or close people sin: national staff turnover of close relatives or close people, the.

(two) the other two charges is important

    Examination of the outline will be "criminal law amendment (seven)" new smuggling national ban on the import and export of other goods of crime, organizational leadership pyramid selling crime have been brought into the scope of the examination, so we should also pay attention to. But the two charge indictment is very simple, you have a look "criminal law amendment (seven)", remember to increase such two charges can be.

Three, "on handling bribery in criminal cases the law applicable to a number of issues" was included in the examination of crime

   In fact, the judicial interpretation in July 8, 2007 through 2007 and 2008, but were not included in the scope of judicial examination, the first time this year, was included in the scope of the examination. However, the judicial interpretation is very simple, mainly on new bribery form practice in recent years makes clear, even if it is not made clear provisions of judicial interpretation, we according to the basic theory of criminal law, can determine the bribery. On the judicial examination, the examinee to remember these new forms of bribery, bribery crime should be set to know it. Including these new form of bribes: transactional bribery, dry stock dividends bribery, bribery, cooperative investment trust investment bribery, gambling bribery, bribery, dry type specific stakeholders, ownership did not change bribery bribery.

Four, "about the crime cognizance of surrender, meritorious service and other circumstances of sentencing suggestions" was included in the scope of the examination

   Most of the terms of the judicial interpretation is to reiterate the meritorious general rules, no surrender, create new rules, so the students look at the general will be able to remember. But following several relatively important, candidates should pay attention to:

   1 no automatic when, during the investigation, interrogation conversation, take measures to investigate or coercive measures, criminal truthful account of the case handling organ clues for facts, not surrender.

   2 the master clue for criminal facts is not established, the coercive measures of criminal suspects, defendants, replacement of the same crime criminal, constitute a surrender.

   The qualification of the 3 unit crime Surrender: (1) in the unit crime unit, or a collective decision the person responsible for the decision and the voluntary surrender, truthful account of the fact of the unit crime, the directly responsible person in charge or the unit voluntary surrender, disclose the fact of unit crime, he shall be deemed as the unit voluntary surrender. (2) the unit crime, the persons directly in charge and the person directly responsible is not automatic, but truthfully confesses the criminal facts that he knows, can be regarded as voluntary surrender; refuse to give you know the facts of the crime or evade the legal liability, it shall not be deemed as a self first. (3) units did not surrender, the directly responsible personnel of voluntarily surrender and truthfully confesses the criminal facts that he knows, the directly responsible personnel shall surrender.

   4 meritorious service must be criminals I conduct. The criminals and to make the criminals get off, exposing other crime directly to the relevant authorities, provide important clues for solving other cases, or assist the judicial authority to arrest the other suspects, it shall not be deemed as a crime of meritorious performance.

    5 according to the crime crimes shall specify the others material facts of the crime; according to the crime clues or assistance for criminal or suspect to have actual effect. The following shall not be considered as crime: crime expose others to crime behavior specifies no facts of a crime; criminal facts and the facts of the crime investigation revealed no relevance; solve clues or assistance for other cases or other criminal suspects arrested has no practical effect.

    The 6 criminals to expose others to crime, provide important clues for solving other cases, must be verified, can be found for meritorious service.

    7 according to the crime clues, material sources in any of the following circumstances, shall not be deemed as a crime: (1) through illegal means or illegal means; (2) for the original as I prohibit criminal positions obtained; (3) others to violate regulations to the crime molecules provide; (4 state organ personnel) have suppressed crime duty or other national staff to take advantage of their positions to provide.