张明楷观点（Zhang Mingkai view）.docVIP

张明楷观点（Zhang Mingkai view） 1. arson. The standard of accomplishment is the theory of independent combustion, that is, when the act of arson causes the object to burn independently when leaving the medium, it is burnt out, that is, accomplished. 2. explosion. The explosion method actor takes the lead to fire, because fire and harm the public safety, should be identified as crime of arson, rather than the crime explosion; making flooding by explosive breaching of the dike, endangering public safety, when flooding crime, rather than the crime explosion. 3., the crime of sabotaging vehicles. In a profit motive, the key component of a vehicle that is stolen or destroyed is sufficient to destroy or cause traffic damage. 4. traffic accident crime. Escape from death should be limited to the wrongful death, in addition to the provisions of the judicial interpretation of the case, should also include continuous caused two traffic accidents, traffic accidents have occurred, the behavior of people in the escape process because of negligence of traffic accidents, causing the death of another. 5., the relationship between all kinds of financial fraud and (ordinary) fraud. There is a need to pay special attention to candidates, because the judicial explanation of various financial fraud crime from the criminal point amount is the amount of crime of swindling, such as loan fraud punishment amount is more than 10 thousand yuan (i.e. a large amount, and the starting point) fraud punishment amount is more than 2000 yuan (i.e. a large amount of the starting point), therefore, when the perpetrator of the fraud of the loan, in more than 2000 yuan and less than 10 thousand yuan, shall be guilty of fraud, rather than innocence. One of the reasons I have spoken in front, the establishment of special crime to constitute fraud as the premise, when the perpetrator of the fraud amount does not reach the specific requirements of the crime of fraud, and reached a common crime of fraud, which is mo