The 2012 compass rhythm (criminal law review plan)

2012The compass rhythm (criminal law review plan)

To help test team, Liu Fengke jointly issued

The preface, a description of the plan

2011National judicial examination total39Million people enter oneself for an examination, the actual33Million people to take an examination, the rate remained at20%About.2012The national judicial examination will stillCover14A core department law and socialist concept of development, the examination content also relates to the "theory of law,Application of law, legal practice, legal systemAnd the legal occupation moral",The recruitment examination"Professional"And"Selection"The candidates note is still great pressure.

A compass to help test team through the integration team advantage, imperial experience and teacher recommendations, established a relatively scientific, reasonable "compass rhythm" review plan, respect for law and memory requirements, hope you can pass2012Judicial examination to provide help and support, let us go into a correct and efficient for rhythm, dream2012Wish our candidates review, smooth, success in the examination, the future!   

A, criminal law review -- (Compass exclusive teacher: Liu Fengke)

Students participate in Scott, advantage is a good learning environment, the memory is strong, not a failure, aggressive; disadvantage is that, never in shortage, Scott, estimation of Scott difficulties easy to underestimate the enemy, and knowledge and Scott school learning requires a great distance, knowledge transition difficulties. Speaking of the criminal law, attention should be paid to review:

First, conscientiously carry out judicial examination theory transition

The majority of college teaching is the former Soviet Union, the old theory of criminal law, and the judicial exam is a new theory in Germany and japan. Although this reform encounter brief twists and turns, but fortunately still adhere to the direction, but theoretical positions become more gentle. Therefore, the examinee should constitute a system, not as a crime, causality, common crime and crime attention in knowledge transformation. In the knowledge transformation recommended professor Zhou Guangquan's "general provisions of criminal law" criminal law "the" textbook (NPC press08Edition).  

Second, the relationship between appropriate processing theory and the law

Many colleges and universities for undergraduate, taught criminal law, only pay attention to the basic theory, do not pay attention to the law interpretation. Many students think, Scott criminal law does not pay attention to the basic theory, test method. In fact, the theory of criminal law in criminal law is far higher than scott. Scott law test method also mainly in specific, rather than general. Basically, the general emphasis on theory, specific provisions on the law. So rational coordination theory and method. Method the study recommended guidelines for acupuncture "assembly".

Third.The criminal law case analysis method to solve the problem

       Criminal case analysis problem is generally not a trick question, but the mastery of the flexible use of knowledge requires high. Especially in the theory of criminal law is a strong subjects, comprehensive judging ability has a higher requirement of the examinees. Proposition trend case problem is more and more detailed, more and more flexible, but eventually, as long as based on legal provisions and judicial interpretation, make full use of some important theory of criminal law, many problems can be smoothly done or easily solved.

       Two, the knowledge of criminal law framework -- (Compass exclusive teacher: Liu Fengke)

General 

Criminal law theory

The generality of the interpretation of criminal law, criminal law, the basic principles of criminal law, the validity of criminal law

Theory of crime

1 Objective elements: behavior subject, behavior, damage results, causal relationship

2 Objective obstructed: self-defense, emergency hedge, the victim's commitment

3 Subjective: negligence criminal intent, criminal, guiltless event, cognition errors of facts

4 Subjective impediment: age of responsibility, responsibility, possibility of knowledge of illegality, anticipated possibility

5 Crime discontinuance of crime: preparation, attempted crime, crime, crime

6 The common crime: conditions (common behavior, common intentional), theoretical classification (principal, accomplice), statutory classification (principal, accomplice, accomplice under duress), (special issue of accomplice and identity, and the error of cognition, accomplice accomplice and crime)

The number of crimes: essential one crime, statutory one crime, a crime is broken, the number of crimes

Theory of punishment

1At the penalty system: principal penalty, additional penalty

2The discretion of punishment.: sentencing, recidivism, voluntary surrender, meritorious service, the combined punishment for several crimes, probation

3 Execution of punishment and eradication of commutation, parole, aging,: pardon

The theory

Infringement of personal law benefit

Personal crime  

Life, health, freedom, fame, democratic rights, marriage and family rights

Property crime

Snatch: robbery, robbery, theft

Delivery: the crime of fraud, crime of blackmail and impose exactions on punishment

Occupation: the crime of embezzlement, the crime of duty encroachment

Diversion type: the crime of misappropriation of funds, misappropriation of special goods                                

Destroy the punishment: intentional destruction of property crimes, crime of sabotaging production and business operation

Violations of the social benefits

The crime of endangering public safety                  

Crime of disrupting the economic order

Against social management of crime

Violations of the state interests

The functions of the crime against the state

Corruption, bribery, crime of Malfeasance

Harm national security crime

The crime of endangering national security, harm the interests of national defense, military crime of breach of duty crime

Three, the implementation of specific programs

Number of days

Date

Knowledge of material(the first round proper do.)

Regulation type material

Supporting courseware and handouts

1Day 

12Month21Day

The first lecture: general provisions of criminal law

Second: the constitution of a crime

Chapter 3: subject

 

Can understand, listen to master some examples

2Day 

12Month22Day

Fourth: action and omission

Fifth speak:Behavior and harm result

 

Listen to the tape, master the classic example

3Day 

 

12Month23Day

Sixth: the causal relationship

Seventh: the objective obstructed

 

Listen to the tape, grasp the key

4Day 

12Month24Day

Eighth: the subjective element

Ninth: the subjective cause of resistance

 

Listen to the tape, simple to understand

5Day 

12Month25Day

Tenth speak:Form of crime

Eleventh: the common crime

 

Key: listen, do

6Day 

1Month4Day

Twelfth: the number of crimes

 

Key: listen, do

7Day 

1Month5Day

Thirteenth speak:Criminal law system

Fourteenth: the discretion of punishment

 

Listen to the tape, simple to understand

8Day 

1Month6Day

Fifteenth: and the eradication of criminal law enforcement

 

Listen to the tape, simple to understand

9Day 

1Month7Day

Sixteenth: an introduction to the theory of criminal law

Seventeenth: the infringement of personal rights and the democratic rights of crimeP181--205

 

Key parts: personal right and democratic right is the priority among priorities! Listen and do the example.

10Day 

1Month8Day

Eighteenth: the crime of property violation

 

Key: listen, practice

11Day 

1Month9Day

Nineteenth: the crime of endangering national security

Twentieth: the crime of endangering public safety

 

To understand the important crime, listen to the tape

12Day 

1Month10Day

Twenty-first speak:

Destroy the order of socialist market economy

 

To understand the important crime, listen to the tape

13Day 

1Month11Day

Twenty-second speak:

Interfere with the social management order crime

 

To understand the important crime, listen to the tape

14Day 

1Month12Day

Twenty-third: the crime of corruption and bribery

Twenty-fourth: the crime of Malfeasance

Twenty-fifth: the military crime

 

Tip: focus of charges is important to grasp, do more exercises, breach of military duty crimes rarely test

15Day 

1Month13Day

Exercise: criminal law review arrangements