On the criminal law after nearly two months of study, I learned, to experience more fun to try to figure out the criminal law, criminal law more belongs to the true meaning of. On the semester through the study of the general provisions of criminal law, began to come into contact with what is stipulated in criminal law, criminal responsibility and penalty, know that it is the ruling class in order to safeguard their own interests against criminals set law, distinguish illegality and crime of fundamental difference. Crime is a crime which violates the criminal law and should be punished. On the definition of crime reflects the legality of thought, make what method, what punishment, should be set according to the law of criminal law --. Criminal liability, legal liability based on the simple understanding of my is a criminal who should bear the responsibility of, have bear the punishment duty. The punishment is mandatory sanctions by the judicial organs of the state in accordance with the method of the crime stipulated in the criminal law applicable to limit or deprive the certain benefits. I understand this: crime is a particular behavior -- is a serious harm to society; the punishment is the sanctions method -- is a state of severe punishment of criminals. The penalty is also evil, intuitive to see is "evil for evil". So the "evil" is unavoidable, for the country, social stability, in order to protect the equal rights of public are not infringed, so we emphasize the equality before the law. Because the penalty is "evil for evil", so we emphasize the humanism of criminal punishment, penalty etc..

Read this step by step extending from the middle to the legal language from all sides, at the time that the criminal law have a strong interest in the specific provisions of criminal law, and the term of study, let me more aware, criminal law is not the real charm is real but bizarre twists and turns of the case, not on TV that fictional drama, but in the criminal law in the law department, the only one with crime, and very close relationship between legal. At the same time, as a crime, with exposed ugly human nature related action verbs, psychological, ethical, medical science and technology is equal to a. Define the following more accurate, our country criminal law article13Stipulates: "all the harm state sovereignty, territorial integrity and security, secession, to subvert the people's democratic dictatorship and overthrow the socialist system, undermine social and economic order, violation of property owned by the state or collective property, infringement of citizens' private property, infringement of citizens' personal rights, democratic rights and other rights, and other acts harmful to society, in accordance with the law shall be subject to criminal punishment, is a crime, but circumstances are obviously minor and the harm is not great, not deemed a crime." The concept of crime is the summary of various phenomena of crime theory, it not only reveals the legal characteristics of crime, but also to clarify the social and political crime, thus providing the principles as the boundary between crime and non crime.

Pandect of criminal law is the general principle of crime, criminal responsibility and penalty, summarized the more abstract, general, common problems of criminal law, the criminal law and theory in general guidance, according to certain standards and rules, the specific crime and contains the types of crime, and according to a certain order of the system, namely the first classification minutes, make it clear. Through the study, I understand that, at present, our criminal law of the crime is used in classification method is concise, the crime is divided into10Class, followed by (because the degree of importance of similar objects are different, heavy to light arrangement order relations, rather than are equal): the crime of endangering national security; harm public security crime; crime of undermining the order of socialist market economy; the violation of civil rights, democratic rights of crime of property violation crimes;; hindrance social management order crime; crime of endangering the interests of national defense; crime of corruption and bribery; crime of malfeasance crimes of soldiers violating military duties. Using such classification is starting from the same object of crime. Depending on the types of crime and crime are various specific standard is the main provisions of the social harm of various crimes, but there are relative, and sometimes had to make a concrete analysis of.

The specific provisions of the criminal law general crime and legal punishment is composed of two parts, the crime and crime are closely related, so the study of crime, crime and punishment, is the important content of the criminal law. The specific provisions of criminal law and the understanding of learning since that is not a simple matter, more is not a short duration of time will be able to learn the family, such as the criminal law article20Article3Paragraph, to murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, he shall not bear criminal responsibility. The "attack" the concept is vague, its meaning is very broad and difficult to determine. In general, the fight is violence, hurt others is murder, homicide and assault; bare-handed assault is the use of equipment, guns, hurt others also. In this case it is necessary to analyze the concept of the "attack", the true meaning of. Understanding the legal provisions of the regulations, he was violent crime and homicide, robbery, rape, kidnapping and other serious endanger the personal safety of the parallel provisions, therefore, they should have the nature and degree of consideration. And murder, robbery, rape, kidnapping and other criminal acts may cause the victim serious injury, death. Therefore, only the criminal conduct when defense may cause serious injuries or deaths, can be identified as the "attack"; violence and a slap in the face, fan a slap in the face and other minor shall be excluded from "or" category.

Therefore, the criminal law is a normative system about the specific crime and statutory sentence, these specifications are clear to all, all kinds of specific criminal conviction and sentencing standards. The general provisions of criminal law is to regulate the system of general principles about the crime, criminal responsibility and penalty, the specification is guilty, common rules must comply with applicable criminal responsibility and penalty provisions. General guidance sub sub, embodies the principles of the principle, the two complement each other. Only the general provisions and specific provisions closely together in order to correctly determine the crime, criminal responsibility and penalty. In short, given the specific spiritual guideline, principle provisions specific difficulties in the conviction and sentencing, regression in general on the free heart certificate.

Learning general provisions of criminal law in the last semester, the teacher had taught many basic concepts, basic principles of criminal law and the theoretical guidance, for specific learning make a first cushion. However to this semester on Chen's class teacher, I have found, their general content was not grasp the accurate, knowledge limitation, this crime and other crime, crime, crime is often in a chaos circle. For example, the crime of intentional homicide, this is my first time to have a courage to charge content "lecture", when I thought the preview analysis very thorough, case analysis finally, I was stuck in a crime, whether the crime preparation, discontinuance of crime, crime and crime or not. This exposure is the lack of a concrete analysis of concrete problems learning in general, and the analysis of the judicial practice the concrete case verdict, more important is, general provisions of criminal law knowledge system was not perfect, need to make up in the criminal law in the process of learning. Now more than half semester, I think quite understand why the judgment of crime: crime refers to the crime, do the preparatory work before. Such as the preparatory crime tool, create conditions of crime etc.. Preparation for a crime with respect to other forms of crime are relatively easy to judge, no problem. Discontinuation of a crime refers to the crime in the implementation of crime, gave up the crime or automatically and effectively prevent the occurrence of criminal behavior. Attempted crime, has already begun to crime, due to reasons other than the criminals will not succeed behavior. The accomplishment of a crime, is refers to the perpetrator of the implementation of the specific provisions of the criminal law act is prepared according to a specific crime constitutive elements. Substantial differences between the attempted crime and accomplished crime: crime has no essential difference between the succeed attempted crime and crime termination: unfinished crime Is it right? Due to reasons other than the will of the criminal element, if the reason is outside is attempted,Automatic give up is aborted. After three more easily confused, in view of different kinds of criminal behavior, when the judicial practice, there are some special circumstances, crime of crime in law plays a key role in.

The main provisions of criminal law and criminal charges, the numbers in the specific provisions of the criminal law, how to grasp the problem, I think we should learn from the way of the main content and behavior understanding and grasp of the various charges. The main contents of the criminal law is through specific provisions to establish various crimes, including provision of crime and legal punishment. To describe the crime through design for crime, determine the scope of the crime, is the current practice in the criminal law of many countries. It is the main content of the certain social harmfulness is required by the penalty method to deal with the facts described in social reality, this is the legal principle of crime and punishment, in epistemology is qualitative understanding. Design of crime to implement in the concrete case, need quantitative justice, operability. From the two aspects of the legislative and judicial consideration, can meet the best operation is: the legislation on every issue regulations not only qualitative factors, more important is the quantitative factors. Only in a quantitative sense can be said to be operable implementation, just stay in the stage of qualitative and quantitative factors are not considered, do not meet the "seek truth from facts" and "concrete analysis of concrete problems", in the face of specific case, specific cases, application of criminal law interpretation can only be specific, the fundamental reason is that between the case situation is differ in thousands of ways, as we NMET writing often use a word:Every coin has two sides Every coin has two sides, especially in a case, and far more than two. No two things in the world are the same. Every case is the one and only in the special place which. A case involving two or more than two parties, they will never repeat that action dispute between them. We can use the generic term to cover different disputes between different parties of different time and space, to describe all items in a case. We can also use a specific method can only contain between one of these parties dispute language, for they are described. No matter how we describe the case, every case happened only once. For example, murder is the qualitative description, homicide concrete respectively, murder and manslaughter, intention and negligence degree based on the reaction of the subjective malignant degree were in each case difference.

As for the criminal behavior, we often learn when to enter a misunderstanding of this law, say what is what, pull the words, only lies in the analysis of literal and analysis in the statement, the behavior of different results and ignore the connotation and behavior of different the cause and the verdict. After the study, I found that the general provisions of criminal law and the specific provisions are inseparable, no general guidance, see specific, did make the right decision, not so, whether general or specific, when studying must be together, don't favour one more than another, built from the system of criminal law knowledge body integrity, analysis of cases are help. So, how should we grasp the mentioned articles of criminal law on the individual behavior? Of course, the semantic understanding is a most basic aspect, on the other hand, also taking into account the law does not explicitly write other acts, regulations, those special ways how to qualitative problems. The law cannot cover all possible criminal behavior, people's creativity is infinite, but the road go wide, became the means of crime and the way is infinite. Therefore, when in some special ways, one is the conviction and sentencing in accordance with the law general rule, without the need to focus on the relationship with other specific behavior; two is in accordance with the general provisions of criminal law on some basic principles, rules, combined with the specific charges similar, by judges the free heart certificate.

Criminal law there is a big gap in the aspects of theory and practice. As the Guangzhou Xu Ting malicious withdrawal cases, from life imprisonment commuted to five years in prison, but the same nature of the same behavior "Yunnan Xu Ting" from life imprisonment commuted to eight years in prison, and is from the Guangzhou Xu Ting case precedent appeal. "Yunnan Xu Ting," said:"2009Years7Later, I had an opportunity to reduce commutation, two years and zero six months. The results reported up, I plead not guilty. The court said, this sentence is not approved." Until Guangzhou Xu Ting case caused a ripple, just let this "Yunnan Xu Ting" with advance step out of the prison the opportunity. Why the court's decision will have different results, why does the law's appeal in the actual operation so difficult to implement, even to write many times complaints material submitted to the court, is still No one shows any interest in, this is the judicial practice errors or judicial efficiency is low, can make nothing of it. I remember when undergraduate chose law, many people told me, after graduating from law school, will find the learned university four years with occupation will be quite different, whether you are a lawyer or attorney. In fact, personal opinion, not learn something quite different, but as a person that the hearts of justice and law has been in the social big dye vat is dyed lost its original color, look not clear its original appearance, so they can cause quite different situation. The judicial practice, the theory that is not much difference between things, because the court, procuratorate and the defender and easy to cause the decision results in a difference, a this is the inadequacy of criminal legislation, criminal justice is a defect where.

Learning the specific provisions of the criminal law through this semester, I deeply appreciate the criminal law, to learn this course is not a simple thing, it need to link theory with practice, the too idealistic thinking leads to the deviation of criminal learning, critical thinking he would allow themselves to recognize the fact, see the law not only safeguard the people right, but also involves many positive or evil aspects. Criminal law is the law, a theoretical, practical, and with other departments than, the criminal law is the "second line" in criminal law, no backing, guarantee, other departments are often difficult to carry out. Therefore we are not in order to learning and studying criminal law criminal law, but in order to legal knowledge, the knowledge learned better applied to practice, and the study of criminal law in practice to solve specific problems. Can't study behind closed doors in the learning process of the criminal law, ignore the reality, that is, learning method in high school when the clear college entrance examination scores as the goal, we should combine theory study with the judicial practice of our country, especially the criminal trial practice. As a law student, but also understand, pay attention to the new problems in the judicial practice, with a new problem to study the theory of criminal law, we should also pay attention to related disciplines of criminology, psychology, criminal procedure law etc.. This not only provided the impetus for the study of criminal law, but also makes the criminology knowledge test, enrich and improve, and can improve the ability to analyze and understand the problem.