Analysis of the atypical case of criminal law offenses determined to explore（典型案例的分析刑法犯罪决心探索）.doc

Analysis of the atypical case of criminal law offenses determined to explore Abstracts offenses, that is the name of crime, criminal law the specific criminal nature and the main features of the height of the description of the charges only the name of the crime, rather than explain and to determine the basis of a specific elements of the crime, the provisions of the Penal Code specified charges, but two Supreme Court issued a judicial interpretation to determine charges. The Paper Keywords charges atypical counts of criminal law Formulation and composition of the criminal law Penal Code enacted in 1979, the criminal law is characterized by fewer charges, mitigation of penalty., Crime is rampant as social transformation and accelerated development to meet the needs of combating crime, the state has developed a single line of the Criminal Code, the same time, the state legislature in the development of economic, administrative and other non-criminal legal incidental developed, reflecting the state of a range of specific social relations special adjustment, the Code of Conduct on Crime and penalties, are the name of the state promulgated to provide a general term for crime and punishment all the legal regulation law, to constitute broad criminal law in March .1997, China the Old Criminal Law enacted in 1979 has been revised, the revised Criminal Law has a major crime and punishment rescheduled, the most notable change, there are two aspects: First, the departure from the law, and build a socialist country under the rule of law the fundamental provisions of the Statutory Crime, suiting punishment, everyone is equal before the criminal law, the protection of human rights of the basic principles of criminal law, abolished the on old criminal law system, in the provisions of criminal law, the large increase in new charges in China on charges of criminal name only, it is not used to explain and to determine the basis of a specific elements of the crime, the cri