To see many students talking about the judicial examination, I also talk about the test method review

Edited by Fang Peng:2014The judicial Sanxiaomingshi notes "criminal law"

Preface: criminal way of thinking and customs tips

The law is a kind of belief, law and technology. The rule of law society suggest the need for public with everything depends on the law, in respect for the law of spiritual beliefs, legal system need to defend and run a mastery of the law of legal occupation technology. Purpose of judicial examination, the selection rule of law is ideal, legal person with profound legal knowledge, strong analytical ability to solve law issues, to join the legal occupation especially judicial work. Therefore, learning the law not only to have the "sky" ambitions, needs to have the "stand on solid ground" spirit of hard work, for the law, legal interpretation, the classic case, the facts, legal reasoning, familiar with precise use up to professional standards.

In the subjects of judicial examination, the criminal law is one of the most subject scores, in600The score of possession in80About the score. Examination is the most difficult subject to the provisions of the criminal law, legislation, judicial interpretation of the Supreme People's court, explanation and application of the highest test case, criminal law theory, the criminal sentence shall be comprehensively investigated in proposition, no cap on difficult, sometimes even the deliberate pursuit of the strange problems, coupled with the recent overall years judicial examination pass rate is low, causes the difficulty multiplier. Many candidates are therefore subject to criminal law pour out one's endless grievances. In fact, the judicial examination is the selection examination to the selection of legal elites as the goal, as long as a certain level of knowledge of the law, will naturally smooth customs clearance. Many students think the criminal subject is difficult, because the usual study criminal law because of many reasons only tasted scratched the surface, without added in essence. In the examination of judicial examination, pay attention to further fine improve theoretical realm, grasp the essentials of compliance test proposition rule, would not be too difficult. Following a brief introduction about criminal law questions, exam content features, mode of thinking, as well as the method of learning and using the methods of this book.

 

One, the judicial exam, score and content

In the aspect of criminal judicial exam, score, and the contents of these sites, little change in recent years, the basic fixed.

Scott criminal typesThe score

(a) test scores, the basic fixed

In the judicial test, test questions for the criminal law:

(1Vol. 2): ① single choice20About (item No.1-20Questions), each1Points, a total of20Around the multiple-choice questions13About (item No.51-63Questions), each2Points, a total of26About the uncertain item choice6Dao (item No.86-91Questions), each2Points, a total of12%. Generally under two small case or a small case, answered questions respectively. The above objective questions were58%.

(2Volume 4): case study1Dao (IV second), a total of22Divided. The general by5A small case, also by5Composed of more small problems, each problem4To5Divided. The main assault charges involving crime, crime, corruption and bribery crime, the crime of financial fraud, the crime of obstruction of Justice (i.e. focus on charges of "the three chapter three section"), common crime and punishment (voluntary surrender, meritorious service, the combined punishment for several crimes recidivism,) problem. In recent years,5One small problem, positive and negative often relates to issues of theoretical answer. For example,2013Years of which second questions question fifth, which is"The crime of embezzlement behavior object in legal possession of property of others" understanding;2013Years of which second questions question sixth, relates to the causal relationship with and without judgment reasoning. For such problems, at the same time as the positive and negative answer, that is, to be answered affirmative conclusion, also need to answer to negative conclusions.

In a few years, the four essay questions (1 4) occasionally problems (such as the theory of criminal law principle of legality and so on), but not test normal.

(two) the same test, or constant weight

In the criminal law judicial examination, the examination of the test is basically fixed, even the question number is fixed.

Judicial examination candidates70A key point

For example, many topics of the article1Question (Juan Erdi51Usually the problem)7Sites not as; multiple choice section2Question (Juan Erdi52Usually the problem)8Test the causal relationship; usually has a multiple choice (generally55,56Questions) comprehensive relates to common crime investigation, etc..The examination candidates in the review, first of all need to know these sites as well as the corresponding title, to "mind the Vals"; and then by test study, crush one by one; finally, respectively, and comprehensive exercises can.

In the criminal law examination, key examination site is basically fixed, the so-called "or constant weight". Elements of the form of liability in general provisions of criminal law (intentional, negligence, mistakes), common crime, the crime; criminal law theory of the "three chapters and three sections". Article4Chapter to infringement of personal rights, the crime5Chapter crimes of property violation, article8Chapter, the crime of corruption and bribery3Zhang Di5Festival, the crime of financial fraud6Zhang Di2Joint crime of obstruction of justice, and the9Chapter of the crime of breach of privilege, in the crime of malfeasance crime, the2Chapter of the crime of endangering public safety in gun related crime, traffic accident crime, the crime of dangerous driving. All the focus will also score distribution sites, most sites, of course, is also the difficult point. For example, property crime of fraud and theft distinction, embezzlement and theft, the distinguish of common bribery crime and bribery crime by the influence of the relationship, is the "eternal" will test center.Candidates in the review, in the premise of clear examination and examination system, should focus on these key points.

(three) for the novel, and authority(case material, interpretation of criminal law)

Criminal law examination and novelty seeking authority characteristics, that is, in terms of criminal law interpretation, judicial examination every year, legislative and judicial interpretation of the past year the new investigation; in case the source material, but also carries on the inspection to the Supreme People's court, the supreme authority of guiding cases, case released.

For example, this year a new judicial interpretation "for loot criminal cases the law applicable to a number of issues of interpretation", "on the trial fabrication, deliberate dissemination of false terrorist information in criminal cases the law applicable to a number of issues of interpretation", "about the use of information network implementation of libel and other criminal cases the law applicable to a number of issues of interpretation", "for a drunken driving motor vehicles in criminal cases the law applicable to a number of problems in the" and so on, these explanations, in2014Years in the judicial test is most likely related to, therefore need to focus on. For some social hot spot criminal cases and the difficult problem, also need to be aware of.

 

Two, criminal judicial examination

In the aspect of judicial examination of the concepts and propositions, criminal judicial examination has the characteristics that the refinement of fine, deep tight, strange.

(a) refinement of fine interpretation of criminal investigation

The main content of the judicial examination is the investigation of criminal law text, meaning, of course, this study is the case whether the emergence of corresponding law form. The criminal law is the law, accurate, is "law of mathematics". The criminal law, the understanding of the meaning of words, very fine, scope of items included in it, should be very clear, that is, in the study of the interpretation of criminal law, the details determine success or failure.

For example, in the2013The criminal law questions years, we examined whether the crime of felling trees in the "forest" includes the branches problem.

2013/2/19．Billboard erected by the roadside a company branch occlusion, a company without obtaining the logging permit, will be part of the branches occlusion billboard cut cut branches, the total6Cubic metre. About the case, which one of the following options are correct?

　　A. felling trees including cutting branches, a company set up the behavior of crime of felling trees

　　BTheftCutting forest crime is the behavior crime, not to destroy the forest resources is essential, a company set up the behavior of crime of felling trees

　　CA company is not for the purpose of illegal possession, only to set up the crime of illegal denudation

　　DThe crime of felling trees. Not sentenced to a fine

In addition, also examined whether the crime of destruction of means of transport in the "transportation" including tractors, counterfeit valuable tickets crime, the crime of counterfeiting currency in the "forged" include altered, instigates a person under the18A person under the age of crime of "instigating" refers to instigate behavior or to be an abettor, etc..

Thus, the examinee in the read and review of the law, need to be more precise understandingThe meaning and the logic relationship between sentences, clauses and range, not only to the general. For example,2014Need to pay attention to the examination: dangerous driving crime of "motor vehicle" include motorcycles, tractors, electric cars, "road" is refers to the highway? Whether the organization sell human organs in crime of "human organs" including blood, teeth, skin? Whether in the crime of illegal intrusion into residential "residential" including hotels, burglary, robbery of housebreaking in the "household" include dormitory? Wait.

The specific charges of knowledge points, also fine. To study the knowledge pointHierarchyMore often than not, knowledge point outline on the first level of the directory, but second grade, third grade or higher level directory.For example, the degree of violence transformed robbery, the judicial examinationOften test the knowledge point, according to"Crime against property-The crime of robbery-Transformed robbery-On the spot the use of violence or threats of violence conditions-Violence-Violence to suppress the revolt degree"To calculate, can be counted as sixth directory.So is the investigation for crimes against property, violations of human rights crimes, the crime of corruption and bribery, the traffic accident crime, crime of fraud on credit card and other key.

(two) review of criminal theory closely

Some problems in the criminal law, legal provisions is unknown, need to be supplemented with theoretical knowledge, this is the judicial examination of the compulsory content and focus on content. For example, the theory of constitution of crime, the crime of omission, the identification of causal relationship, the theory of common crime, crime number theory, property crime in "property", "possession", "the purpose of illegal possession", etc.. The theory of criminal law, not only need to know the basic content, but also need to master the fine depth, the more small points.For example, in the common crime, every year there is a multiple choice, four options were investigated under small knowledge of common crime.

2013/2/55. about the joint crime, which of the following statements is true?()

　　ABecause of his wife. B c an affair and determined to kill. A do not know, for other reasons to kill C B. After the killing of C B. A does not constitute the crime of intentional homicide instigator

　　BTo blackmail and impose exactions on intentional threats. Ethyl propylene, propylene delivery of property, knowing a midway joined B obtaining property. A form of complicity in the crime of blackmail and impose exactions on

　　C. B, C in the hardware store in front of the melee, a watch shop. B side dozen the side to buy a claw hammer to nail. A recursive hammers to B say "you wounded people had nothing to do with me". B the hammer will c seriously wounded. Sell a claw hammer is normal business behavior armor, armor does not constitute intentional injury crime

　　DTried to persuade her husband. A B (staff) for accepting bribes from C, B firmly opposed, a responsibility to accept the bribe. The indirect principal offender a crime of accepting bribes

The above is aboutCommon crimeExamination questions,ABCDFour options were investigated: is the essence of instigation (create new crime means), common crime, successive neutral help constitute accomplice condition, identity and principal (indirect). Actually,The common crime this knowledge, in addition to study joint crime, common crime, accomplice of these large traditional knowledge, will examine the indirect perpetrator, accomplice subordination said, crime group, assembling crime to commit crime, at the same time, the common crime, accomplice, one-sided accomplice and identity, the scope of responsibility, accomplice and unfinished formUnderstanding state, the common crime, common crime out of the relationship between error, accomplice and not as these small points.

Therefore, in the study of criminal law theoryKnowledge point, need more delicate, fine.Judicial examination is the selection of legal occupation elite qualification examination, legal scholars in legal provisions of the master, for the use of legal theory, more detailed, there are higher than ordinary people.

(three) sets the odd

The criminal law questions in the judicial test, will appear very odd, unusual case is arranged every year, on the facts of a case set, do not take the unusual way, but the sword Zoupian front.Its purpose is to the case of difficult, analysis ability, reasoning ability and the theory basic of candidates.

2013/2/7．A pair of ongoing injury B for self-defense, induced b injuries(Still in the defense limit). B has no capacity for a violation, will be sent to the hospital, but a ignored and left. B bleed to death. About the case, which one of the following options are correct?()

　　AA not rescue behavior independent omission constitutes crime of intentional homicide

　　BRescue. Not a independent omission constitutes a crime of negligence causing death

　　CA behavior is unjustifiable defense

　　DA behavior only to set up a justifiable defense

The case, in short: Defense began to unlawful infringement people seriously wounded, and then deliberately not treatment and lead to the death, which is different from the defense knocked against unscrupulous people killed usually case, make the examinee in judgment will feel unable to start, can only "follow the feelings". In fact, the issues involved are: not as previously behavior caused the obligations of the previous behavior may be due to previous behavior, behavior is legitimate behavior behavior is not as a behavior to judge the limits of justifiable defence together. One by one, layer by layer to solve the problem of reasoning.

Odd criminal case, is the pursuit of novelty, not fried rice proposition in the title of the spirit in the criminal law. To review the candidates should be higher requirements test paper, not only confined to the existing test Zhenti die hard back, to have flexible use, extend thinking. In fact, the case is in the change, but the rules did not change. Candidates need to master a variety of system requirements, rules, and the examples of the flexible drill.

 

Three, the criminal law study methods and ways of thinking

In the study of criminal law judicial examination, some ways of thinking, learning methods advocated.

(a) typical examples corresponding methodMeng Taiqi.

The main form of criminal judicial examination is a small case analysis, for the concept, the demonstration of the text of things were not much. Thus, college exam method can't use "concept, the back down" to deal with the judicial examination. Many concepts, terms in the judicial test case must be tied together, when the examination is to cite a case, allowing candidates to determine whether, what legal consequences. Therefore, there is a need for a "montage" when review the thinking, the emergence of a noun concept, need to come very naturally corresponds to a case behavior of the scene.

The burden of proof, in the common crime, "complicity" inheritance is a compulsory knowledge. When learning the knowledge concept, don't start from the text to write concept, but should first think of a "successive joint crime"(namely to common intent to join) scene:

2008/2/94A hand-held dagger for robbery, see Ding after the violence, with a dagger to stab into severely wounded, the loss of the ability to resist, then a friend B driving just pass here, after seeing off take together and Jia Ding property (ca.2Million), and then run away, Ding died of his injuries. On the second and first take together Ding the behavior of property, the following options are correct ()

A. B and a joint crime of robbery

BA behavior constitutes the offense of robbery, B's behavior belongs to rob the crime, the joint crime in the crime of seizing the coincidence of crime, common crime is the establishment of the crime of seizing

CNeither. B D injured bear criminal responsibility, nor D death bear criminal responsibility

DWrong. B D death bear criminal responsibility, but deal with Ding seriously criminal responsibility

Then according to the scene, to understand the establishment of"Common crime" inherited conditions and legal consequences:(1After the first act of) a part of crime, crime has not yet ended before, after the act to the joint criminal intention, added the crime, the crime situation.(2Charges: after) the perpetrator and the first act of joint crime. Responsibility: butAfter the behavior only to those who joined behavior result in charge.

(two) positive and negative example comparison method (yin and Yang contrast)

In the beginning of criminal law, the case is positive facts. For example, learning the crime of felling trees, remember examples are typical cases constitute the crime of felling trees: three while the plantation owners Lee four do not pay attention to, Li Si Jia contracted farm of one hundred acres of woods cut off to sell. However, reviewed in two aspects of criminal judicial examination often negative, positive and negative examples not only study. Therefore, after mastering the positive examples, also need to understand the negative instances. For example, the case, if Zhang San did not apply for cutting permit to cut down their trees, or steal Li Si has cut down trees, does not constitute the crime of felling trees.

Also such as: "from the joint criminal relationship (solution group relationship of accomplice)" is a concept in the criminal law, the examinee must according to the "typical case corresponding method (Meng Taiqi)" to understand the positive examples that the establishment of "common crime out of the relationship between" case and its legal consequences:

[The positive examples] 2011/2/55-DDing know Sunmou want to steal the car, the car keys to the sun, and then in the sun before a car key back, but the sun for stealing cars. Ding to Sunmou theft results do not assume responsibility (common crime establishment in this case from)

At the same time, we need to understand the negative instances is not to set up a "common crime out of the relationship between" case and its legal consequence:

[The counterexample]2008/2/19. A and B and stealing a car, a car keys required to B. But a later to B that abandon crime means, let B return the key. B to a:"You wait a few minutes, to you I made a key with your key", a return to their original provide the keys. After B use their formulated key stolen car (value5Million yuan) (in this case is not joint crime out of the relationship between)

In contrast to the positive and negative examples, grasp the "common crime out of the relationship between" condition, in order to facilitate the accurate judgment of judicial examination.

(three) alternative thinking expansion method (make blind and disorderly conjectures)

Because the criminal law questions is "not fried rice" tradition, but because the point fixed, limited material, so often a lot of questions, although not copy the past, but the past the change. Of course, with wide-ranging implications, conclusions may have different. In order to predict the future of the exam, a convenient way is to have the problem. For further consideration, or to the case to carry on the self adaptation, adaptation. For example:

[Dig deep problems, give the third degree]2006/2/4-AA police received a report: who is murdered his wife.A immediately to the scene, but just stood watching, did not take any measures. At this time, county health bureau deputy director Liu pass by the scene, also did not rescue the murdered woman. The results, was murdered his wife.And Liu Moudou is a staff of state organs, did not perform the obligation of rescue, should establish the malfeasance (error);2013/2/51-BA County Public Security Bureau, wife B as deputy director of the county tax bureau.B in receiving bribes, but not to stop a person.A behavior that are not as a help, not to set up an accomplice in the crime of bribery (error).

The above two questions involve the omission, but questions only explored options the conclusion is correct. In this regard, the examinee may further expand thinking:A no obligation? The source of the act obligation in where? Whether can constitute a crime? What constitutes a crime?

[Alternative case, divergent thinking]2013/2/7A is implementing the general damage B for self-defense, induced b injuries(Still in the defense limit).B has no capacity for a violation, will be sent to the hospital, but a ignored and left. B bleed to death.About the case, which one of the following options are correct?(A behavior is unjustifiable defense)

The above test conclusion is excessive defense. Now.Candidates can be flexible on the merits, see after the conclusion of how adaptation. For example:If B is the implementation of the robbery, the case how qualitative? If a, B, the relationship between father and son, this case how qualitative? If a is the police, the case how qualitative?

(four) sober face criminal issues

    The criminal law is the most controversial subject, for the same problem, often different conclusions are different. This is often the candidate lost, not fit in. In fact, the judicial examination candidates are required to learn the main common criminal "orthodox knowledge", to use this knowledge to solve practical problems; on the basis of this understanding of some major, true "theoretical controversy". You do not need to waste too much time on "dead end" only concerned about issues, or at the mouth "to this problem this controversy" with knowledge not solid. Treat the issue of criminal law is the attitude:

     First, need to distinguish between "issues" and "fake question really". The theoretical basis of current judicial examination is actually in German and Japanese criminal law theory, and the influence of dilution of former Soviet Union criminal law. Therefore, in German and Japanese criminal law point of view (new ideas) and the former Soviet Union criminal law point of view (the old view) conflict, of course should be the correct view of the German and Japanese criminal law view of judicial examination. At this time there is only right and wrong, and not that controversial. For example, the system of criminal theory, if you think from the subjective judgment of behavior, as long as people have the criminal intent, to the implementation of the act is a crime, is obviously wrong. For the definition of common crime, if still adhere to the "number one must reach the age of responsibility, has the responsibility, can be convicted, and are the same charges" point of view, is obviously wrong. After the first objective subjective, joint crime is the joint illegal, this is in the national judicial examination "orthodox knowledge", not to grasp and stick to that knowledge and ideas, judicial examination inevitable defeat. In the common crime accomplice (abettor, accessory) slave said, and so. In the study of criminal law should be Scott, former Soviet Union criminal law of old knowledge to subjective judge as the core of the thorough clean.

    Only in German and Japanese criminal theory (new ideas) under dispute, can be considered "disputed problems really". For example, a wrong understanding of the "legal according doctrine" and "specific meet said", is the candidates need to understand the "real issues".

Second, the "dispute" really, also needs to be cleared and the minority views, primary and secondary, weight, in the exam is not explicitly indicated, are subject to the majority of that view. For "issues" really, can be divided into the most general point of view and a few. Judicial examination in the investigation, such as no special tips plaintext according to the requirements of the minority view to judge, should be based on the "most theory" to judge; only what is required by the minority view plaintext to judge, can according to "the minority view" to judge. Therefore, should be focused on in the "most theory". In particular, a criminal law, began only need to master "most theory"; only learn certain level, to understand "the minority view". For example, a wrong understanding of the "legal according doctrine" and "specific meet said", "that is to say," is the "most general point", meet the criminal investigation the center, all should be legal according doctrine concluded, the judicial examination, the correct answer. Only clear that "according to the specific meet said" how to judge, to judge by "specific meet said".

In the past, the judicial examination, the definition of a theft investigation whether elements of legitimate defense needs the subjective intention of defense condition of the dispute, in the crime of theft (that is, as the secret that "steal" and as a statement "transfer and peaceful possession" controversy), defined the object crime embezzlement behavior (that is the "legal possession of property of others" could include illegal behaviors based on principal deliverables). In examining these opinions, propositions are in the way of inquiry, list the different views on the stem, and then let the examinee reasoning according to different points of view. Don't force the examinee in the controversial issues "to take sides".

Book for the "controversy" really, the paper said, prompting narrative writing method the minority view.

 

Five, how to use this book and customs tips

This book is based on "a book in hand, writing the science of criminal law through" concept, to include all the test content of judicial examination, adhere to the judicial examination in view of the official theory (i.e., new point of view). Including the basic system, the criminal law theory, law, legislative and judicial interpretation, typical examples and case, problem-solving methods and thinking steps, classic Zhenti and interpretation, the answer, extension exercises and interpretation, the answer, is everything, no one omission. We should take the judicial examination of the candidates as long as the book this book to read, study, understand, can achieve the examination required by the knowledge level, successfully passed the law exam.

In the system, each chapter in this book, charges (each point) is a "point", "Regulations", "knowledge explanation", "test," induction "," exercises. Exercise "expansion" and other components of the. "Sites that" is the important points and details of the prompt, "Regulations" provisions of the penal code is quoted on the basis of, "knowledge explanation" is the method of interpretation, theory, "Zhenti drill" is the past. Examples, "expand the exercise" for the future reference prediction test material the.

The theory has certain difficulty in the explanation, the "narrative", talk about the view, cite examples to illustrate. For the past years, also separately under each detail of knowledge. For difficult problems, with illustrations, tables, formulas, in order to make the students more understand and use easy. For the key content, be marked in different ways:★ every key part; it is the possibility of greater examination content.Case, law, in imitation of word annotation.

Many students often ask: how to pass the judicial examination, how to study the criminal law. My answer is: the book to read thoroughly, thoroughly, can be.

For newcomers without basic knowledge of law, this book should be read three times: the first time, "read without thorough understanding" extensive reading, the book read from A to Z complete. Understanding the basic knowledge, basic rules, general understanding of the criminal law examination knowledge, master the basic ways of thinking (such as "illegal-Accountability "system of criminal theory, the criminal law analysis and elements of interpretation). For do not know where to put aside. That is, about "criminal law" what to say "what the exam". Second times, "choosing the essence of" goblin read, according to70Sites of smooth, key breakthrough difficulty, doubtful point. To have certain requirements, test case depth understanding of judgment requires clear boundaries. Third times, "100 practicing immortal" practice, the book Zhenti, expansion of problem, combined with the knowledge of training, understand the principle, can be extended play. Do more exercise, will return to the transformation of knowledge into ability test, verdict. Of course, for a certain legal basis (candidates for law undergraduate students), you can skip the first "read without thorough understanding" extensive reading, directly into the second, third steps.

There are three levels of reading (Wang Guowei): the first level, last night the west wind withered bishu. Alone on the high rises, at Tianya road; the second level, increasingly wide eventually not regret, to eliminate the Iraqi haggard; third heavy realm, people look for her thousands of Baidu, when I look back, that person but in the lights dim. Studying criminal law also has three levels: the first level is the same as clear, the second level is very clear-sighted woolly headed, third state. The criminal law study, largely by "learning theory knowledge system -- review of the past -- predicting the future questions." three links, down-to-earth to complete the three steps distance, customs clearance is not far away.

Science is on the ground, industry in essence. Hope this fine clear, shallow into the deep, in cases of criminal law and good tutorial, for legal scholars to learn law, pass the judicial examination a helping hand.

 

                                                                             Fang Peng

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