刑法总论讲授大纲一(国外英文资料).doc

刑法总论讲授大纲一(国外英文资料) Outline of criminal law First, the concept and characteristics of criminal law (a) case Defendant Wang in March 7, 1998 with a credit card to the ATM machine withdrawals, cards exist 500 yuan, Wang want to take 300 yuan. In the withdrawal, due to operational mistakes, plus a zero, take 300 yuan into 3000 yuan. Unexpectedly, the ATM did not protest due to operational errors, but really spit 3000 yuan, so that Wang was a big accident. Wang out of curiosity, and operation again, the result of automatic teller machine and spit 3000 yuan. At this point, Wang has known that the ATM has failed, but out of greed, Wang has withdrawn 20 thousand yuan from the automatic teller machine, accounting for their own. After the incident, Wang believes that I didnt go to the bank to steal the money, the money is the automatic teller machine initiative gave me, Wangs lawyer also believes that this is a problem of unjust enrichment, which belongs to the civil law behavior, does not constitute a crime in the criminal law. Then, is this case unjust enrichment in civil law or crime in criminal law? (two) the concept and characteristics of criminal law 1., the concept of criminal law Criminal law is the law that stipulates the relationship between crime and punishment and the relationship between crime and punishment. To be specific, criminal law is the law that states what behavior is a crime under the name of the state and what punishment is given to the offender. 2. characteristics of criminal law Criminal law, as a department law, has the following characteristics: (1) characteristics of public law The law has the distinction between public law and private law. Public law is a law involving public interests, especially the interests of the state. Private law is a law involving private interests. In public law relations, countries and individuals are subordinate to the law, while in private law relations, citizens or legal persons, as well as citizens and legal persons,