The proposition disciple Bai waves on Criminal Law Review

 A, criminal law review

   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, a clear understanding of the importance of criminal law

   Many colleges and universities neglect the teaching of criminal law, just telling the students in general, not to speak of, let students mistakenly think that criminal law is not important. However, the criminal law is the judicial departments of the second method, score very high.

    Second, conscientiously carry out knowledge transformation

   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 press 08 edition). 

    Third, properly handle the relationship between the 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. At the same time, the judicial criminal 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.

    Fourth, the criminal law case analysis method to solve the problem

   Compared with the case study and the choice of the criminal law, more attention has been paid to the master and apply the basic knowledge. 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.

   To accurately solve the case analysis topic, is more important to observe the following steps:

   1 read the content of the case

   The case analysis topic are generally consider the most important content of the criminal law or rule is extremely special law, namely the concept or the law of the most basic, as long as the concept and legal provisions of understanding, for examination will be more confident. In reading the case example content, must maintain a high degree of caution, accurate identification of various traps set set, one sentence and then the next sentence reading, see the case there are several basic content, really understand the meaning of the title.

   2 identify the case concerning the problems of "knowledge point"

   In some cases, the case is complex, complicated and difficult to deal with the legal relationship, need to carefully identify candidates the case knowledge, "read" of that man, "hit on what one likes" to answer. In some cases, involving a number of knowledge points, the examinee must further judgment, which is the most critical, the most important.

   After finding the knowledge points, then the answer, can know the score, but not write quickly but stray from the theme.

   In the case analysis, the following knowledge is often involved: general part, including: (1) the crime intention and negligence, accident identification; (2) the age of criminal responsibility has over 14 years of age under 16 years of age should range responsible; (3) the establishment of justifiable defence; (4) preparation for crime, criminal attempt and discontinuation distinction; (5) the common crime tenable condition, people (principal, accessory, coerced offender, abettor) identification; (6) application of punishment of recidivism, surrender. The theory part, including: the crime of endangering public safety, criminal violation of civil rights, infringement property crime, crime of bribery and corruption, malfeasance, they are examining the content of traditional, case analysis principle will be involved in these crimes.

   3 clear answer

   After the analysis of the knowledge involved in the find the case, do not rush to answer, the answer should also be further consolidation. At this time, need to be considered: (1) the specific provisions and general provisions of criminal law theory combined thinking, not general provisions of criminal law and criminal law theory segmentation problem, such as a plurality of criminals, to analyze whether may be related to the case considered in joint crime; crime with the crime method get property, it must consider the whether it will involve the attempted crime, crime problems. (2) limit note accurately distinguishing crime and not crime, this crime and other crime. Some case study, the relationship between this crime and that crime is very delicate, need to the nature of the case to judge accurately, to answer. For example, according to the circumstances of the case, criminal shall constitute misappropriation of public crimes, but its behavior on the surface as the crime of corruption, then you need to accurately determine the nature of the case, then the answer. Otherwise, even if a long and minute statement, it is futile.

   Using different methods on different types of 4, accurate answer

   For all the case analysis topic answer, first of all to obtain the answer their own conclusions: crime is guilty or not guilty;, is this crime or other crime; crime is single or joint crime is an intentional crime and negligent crime;; is as a way for the implementation of crime is not a crime; natural person crime or crimes; is a crime or plural crimes.

   At the same time, we must pay attention to should be a concrete analysis of concrete problems, adopt different analysis methods of different types:

   (1) for the "crime" category, according to the new theory of Germany and Japan specific analysis, judicial exam if met, can draw the conclusion of guilt; if not, should not hesitate to draw the conclusion of innocence.

   (2) to "this crime and other crime" category, the most basic demand of mark answer different crime difference is what, for example, to distinguish the crime of illegal detention, the crime of kidnapping crime lies in whether to ask for property to third people; the distinction between intentional homicide and intentional injury crime is criminal culpability.

   (3) for some crimes "special form" categories of questions, such as whether it belongs to the common crime attempted, or stop, whether it should be combined punishment, need to consider the establishment of conditions of various forms of.

   (4) on "how to deal with crime" such questions, to consider whether the perpetrator recidivism, probation, parole and surrender, there is no special penalty case.

   In answering questions, solving the case analysis topic, should be concise language, say (a law, criminal law theory basis), not to the point of avoid by all means, subjective, brief text.

 Two, the knowledge of criminal law framework