2004年国家司法考试大纲—刑法（Outline of the national judicial examination in 2004 - Criminal Law）.doc

2004年国家司法考试大纲—刑法（Outline of the national judicial examination in 2004 - Criminal Law） Penal code Basic Requirements Master of criminal law system, and the structure of knowledge; the specific content of accurate grasp of the basic principles of criminal law and system; principle of general concept and correct understanding of crime crime constitution; fully understand the characteristics of crime cause, exclude all sorts of crime patterns and establishment conditions; the basic content, clarify all kinds of penalty object and the problem should be pay attention to in the application; proficiency in a variety of specific crimes especially common crime and multiple crimes, the crime of serious and difficult crime, the distinction between elements and related crimes; familiar with the provisions of the criminal law and relevant judicial interpretation of the provisions of the criminal law, to understand the theoretical basis and practical basis and judicial interpretation of the provisions of the criminal law and to use; the theory of criminal law is correct, comprehensive and thorough analysis of difficult cases. The first chapter of the criminal law Section 1 the concept, nature and system of criminal law The concept and classification of criminal law, the nature and task of criminal law, the system and interpretation of criminal law Second, the basic principles of criminal law The principle of a legally prescribed punishment for a specified crime is equal, and the principle of criminal law should be applied Third, the scope of application of the criminal law The spatial effect of criminal law (the concept of validity of criminal law principles applied to domestic space made of foreign prisoners admitted applicable principles of foreign criminal judgment) time effect of criminal law (criminal law criminal time effectiveness of retroactivity) The second chapter of the crime Section 1 the concept of crime Social harmfulness, criminal illegality should be punished by pe