Seek guidance on the basic issues of criminal law, and study two issues in the general theory of cri

Hello, reply to you on your phone. First of all, your understanding is very correct, the evaluation in criminal law can only be negligence or even accidents, even if it is negligence, it should be treated as innocent (negligence causing injury). However, in the criminal law, it should be meaningless to evaluate an act that does not have subjective malice and causes objective damage, and attention should be paid to the fragmentary nature of the criminal law.

In my opinion, this case can be handled directly with the hypothetical emergency avoidance under civil law. The reason why it is not explained why accidents are not handled as accidents in the civil law is that in terms of the occasion, the accidents in the civil law should be based on the situation that there is no expression of intent and cannot be changed by man, and should not be treated in comparison with the accidents in the criminal law. Mobile phone typing is weaker, I hope it can be explained clearly.

Answer]: The provisions of the criminal codes of various countries are generally divided into two parts: general provisions and sub-provisions, of which the general provisions of the criminal law stipulate the general principles and principles of crime and punishment, and the specific provisions of the criminal law stipulate the crimes and criminal responsibilities of various specific crimes. The monographs on criminal law (also known as the monographs on crime and punishment, and the theory on the division of crime and punishment) are the main content of the study of the sub-rules of the criminal code.

However, in addition to the sub-provisions of the Criminal Code, there are also separate criminal laws and subsidiary criminal laws, so the latter two are also the content of criminal law monographs. The general provisions of the Criminal Law and the division of the Criminal Law are the relationship between the abstract and the concrete, the general and the individual, and the universal and the particular. In the study of criminal law, the general theory of criminal law and the monograph of criminal law are also the two major parts of its content, and the general theory of criminal law studies the general principles, principles and systems of criminal law, crime and punishment in the general principles of criminal law.

The monographs of the Criminal Law study the identification and punishment of various specific crimes provided for in the sub-provisions of the Criminal Law. The relationship between the two is the same as the relationship between the general provisions and the sub-provisions of the criminal law, and it is also the relationship between abstraction and concreteness, general and individual, and universality and particularity. For a specific discussion of the relationship between the general theory of criminal law and the monograph of criminal law and the significance of studying the monograph of criminal law, please refer to Wang Zuofu, editor-in-chief

Penal Code, pp. 235 238.

1. According to the different legal interests of the infringement, the harmful results are of course different. For example, the harmful consequences of intentional homicide and robbery are of course different, one is the life of another and the other is the property of others.

2. Omission refers to negative behavior, which generally refers to the actor's ability to perform but does not perform the obligation. Therefore, in general, the perpetrator of the crime has an obligation. Intentional homicide and fraud are not talked about in the way of acting, the way of inaction:

If the perpetrator steals trees and causes the victim to be seriously injured and does not rescue him, resulting in the death of the victim, then the perpetrator shall be punished concurrently for the crime of illegal logging and intentional homicide. I really didn't expect the case of inaction fraud, which part of the summary mentions fraud in the form of inaction?

The National People's Congress (NPC) is the main body for the adoption of the Criminal Code, while the Standing Committee of the National People's Congress (NPC) is the main body for the adoption of amendments to the Criminal Law.

As far as the NPC Standing Committee is concerned, its legislative authority is mainly responsible for formulating and amending laws other than the basic laws, and although it has the power to supplement and amend the basic laws, it must also meet the following restrictive conditions: First, it may partially supplement and amend the laws;The second is when the National People's Congress is not in session;Third, it must not contradict the basic principles of the law.

It is not only made by the National People's Congress, but by the National People's Congress and its Standing Committee.