The 2012 compass rhythm (criminal law review plan)
Created:
/Author:
Aaron Lewis
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
4Subjective impediment: age of responsibility, responsibility, possibility of knowledge of illegality, anticipated possibility
5Crime discontinuance of crime: preparation, attempted crime, crime, crime
6The 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
3Execution 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