Course Syllabus of Zhongnan University of Economics and Law
Course Title: Chinese Criminal Law and Procedure | ||||
Course Code | 41063028 | Semester | 1 | |
Teaching Hours | 64 | Credits | 4 | |
Prerequisites | none | |||
Instructor Information | ||||
Name | Zhou Ling | Zhouling@zuel.edu.cn | ||
Institute | This course focuses on the introduction of Chinese Criminal substantive and procedural Laws, introducing the relevant theoretical knowledge of Chinese Criminal Code and Chinese criminal procedural law. Specifically, this course mainly includes the following parts: 1. General Introduction to Criminal Law, Principles and Effectiveness of Criminal Law 2. Introduction of Criminology-related Knowledge 3. Knowledge introduction of criminal procedure The above three parts are progressive relations, with emphasis on the introduction of the related knowledge of the second part of the theory of crime. In the course of teaching, this course combines a large number of judicial examinations and cases in current Chinese judicial practice, making students more interesting in the process of listening to the lecture, but also closer to the practical stratum. In order to enable students to pass this course and reach the standard of judicial examination in the future, we did not completely introduce the criminal law with the traditional system of four elements in the criminal law of the former Soviet Union, but absorbed the advanced criminal law theories of Germany and Japan, such as three levels, according to the requirements of the judicial examination. Two strata and other criminal theory systems are taught. | |||
Applicable Object | International Students | |||
Course Objectives | In terms of specific teaching methods, this course plan is mainly based on the classroom instruction assisted by multimedia and intelligent teaching instruments and technologies such as the web-based smart classroom as well as personal mobile devices, combined with after-class case exercises and online tutoring. Specifically, in the classroom, the teacher teaches the basic knowledge of theory through face-to-face lecture or video teaching, and provides some simple questions to arouse students' discussion. After class, teachers assign relevant topics to students through the online teaching platform such as BlackBoard, requiring students to follow the lecture and complete relevant homework. At the same time, for the related discussion topics arranged by teachers in the classroom, students are required to actively discuss after class, and consult relevant books for research, submit discussion outlines in the form of individuals or groups, and teachers will review students' homework and discussion outlines after class. From this, a four-in-one teaching form of speaking, practicing, researching and answering has been formed. Students are required to familiarize themselves with basic concepts and grasp basic knowledge so as to pass the final exam so as to pass the final exam. They are also required to develop their self-research ability through the classroom discussion and study group assignments, so as to give consideration to the dual cultivation of the ability of examination-taking and scientific research innovation. After completing the course, students are required to grasp the basic theory and knowledge of the Chinese criminal (substantive and procedural) law, and to conduct research and Discussion on Relevant Issues of criminal justice, encourage students to study by themselves, and stimulate students' interest in learning. | |||
Course Description (200 words) | In terms of specific teaching methods, this course plan is mainly based on the classroom instruction assisted by multimedia and intelligent teaching instruments and technologies such as the web-based smart classroom as well as personal mobile devices, combined with after-class case exercises and online tutoring. Specifically, in the classroom, the teacher teaches the basic knowledge of theory through face-to-face lecture or video teaching, and provides some simple questions to arouse students' discussion. After class, teachers assign relevant topics to students through the online teaching platform such as BlackBoard, requiring students to follow the lecture and complete relevant homework. At the same time, for the related discussion topics arranged by teachers in the classroom, students are required to actively discuss after class, and consult relevant books for research, submit discussion outlines in the form of individuals or groups, and teachers will review students' homework and discussion outlines after class. From this, a four-in-one teaching form of speaking, practicing, researching and answering has been formed. Students are required to familiarize themselves with basic concepts and grasp basic knowledge so as to pass the final exam so as to pass the final exam. They are also required to develop their self-research ability through the classroom discussion and study group assignments, so as to give consideration to the dual cultivation of the ability of examination-taking and scientific research innovation. After completing the course, students are required to grasp the basic theory and knowledge of the Chinese criminal (substantive and procedural) law, and to conduct research and Discussion on Relevant Issues of criminal justice, encourage students to study by themselves, and stimulate students' interest in learning. | |||
Assessment Methods | Written examination Class paper | |||
Textbooks and References | 齐文远主编，刑法学(第三版)北京大学出版社，2018年版 吴崇义主编，刑事诉讼法学（第四版），2018年，法律出版社 | |||
Course planning | ||||
Chapter 1 | Summary and Basic Principles of Criminal Law, Concept of Crime through the study of this session, we can understand the process of the creation and development of our criminal law; understand the system structure of our criminal law; understand the relationship between criminal law and criminal law science; understand the concept, nature, purpose and task of criminal law; understand the system of criminal law and the concept and classification of criminal law interpretation. Student will also understanding the concept of crime in criminal law; Understanding the concept and characteristics of crime in criminal law; Understanding the concept, basic elements and significance of crime constitution; Understanding the concept, function, basis and solution of criminal responsibility in order to have a preliminary grasp of the basic theory of the general theory of criminal law. | |||
Chapter 2 | constitutive elements of crime: object of a crime and subject of a crime. Through the study of this session, students will learn and Understanding the concept, basic elements and significance of the constitution of crime. The following lecture will focus on the first two elements: object of a crime and subject of a crime. Understanding the concept and common elements of the subject of crime; Understanding the concept, content and degree of criminal responsibility ability; Understanding the factors affecting criminal responsibility ability; Understanding the age division of criminal responsibility in China's criminal law; Understanding the impact of mental disorders, loss of physiological function and drunkenness on criminal responsibility; Understanding the special nature of the subject of crime. The concept and function of identity; Understanding the concept of unit crime and the principle of punishment. | |||
Chapter 3 | constitutive elements of crime: objective and subjective elements of a crime. Through the study of this session, we can understand the concepts, characteristics and elements of objective aspects of crime; understand the concepts and characteristics of harmful acts; grasp the manifestations of harmful acts and the basis of obligation of omission crime; understand the concept, characteristics, types and status of harmful results; and understand the concept and significance of causality in criminal law. Understanding the concept of subjective aspects of crime; Understanding criminal intent and its types, criminal negligence and its types; Understanding accidents and force majeure; Understanding the meaning of criminal purpose and motive; Mastering the influence of errors in legal and de facto understanding on solving criminal responsibility. | |||
Chapter 4 | Criminal Punishment (1) Through the study of this session, students can understand the structure and characteristics of the penalty system in our country; grasp the concept, content and object of application of various types of penalties stipulated in our criminal law; understand the application standard and procedure of death penalty in our criminal law; and understand the types and conditions of Non-penalty treatment methods in our criminal law. | |||
Chapter 5 | Criminal punishment (2) Through the study of this session, students will learn and understand the concept and establishment conditions of recidivism, surrender and meritorious service; grasp the concept and principle of combined punishment for several crimes; grasp the concept, types, applicable conditions, legal consequences and revocation conditions of probation. | |||
Chapter 6 | Specific crimes in the Penal Code (1) Crimes against national security Crimes against public security Crimes against the economic system Property crimes | |||
Chapter 7 | Specific crimes in the Penal Code (2) Crimes against person Crimes against public orders Corruption crimes | |||
Chapter 8 | Criminal procedure: introduction Through the study of this session, students will learn the value and goals of criminal procedure, understand the structure of criminal proceedings and see the differences between the criminal trial models of China and the Western countries such as U.S, France, and Germany. | |||
Chapter 9 | Subject, Defense and Agency of Criminal Procedure. Through the study of this session, students will learn the Subject of Criminal Procedure, Specialized organs of criminal procedure and the functions and requirements of Defense and legal representation. | |||
Chapter 10 | Evidence in Criminal Procedure Through the study of this session, students will learn Types of evidence, Classification of Evidence and well as the burden of proof. Special attention will be given to the discussion on what are the meanings of evidence, what are the two components of litigation claims and what are the meanings of criminal proof standards. | |||
Chapter 11 | Incidental civil action: Through the study of this session, student will learn and understand the initiation and trial of incidental civil action; the type of period, service procedures, focusing on learning the parties to incidental civil action, conditions for initiation and trial principles. | |||
Chapter 12 | Criminal case opening and criminal investigation Through the study of this session, student will learn and understanding the conditions and procedures for filing a case and the supervision of filing a case; Understanding the characteristics, methods and legal procedures of criminal investigation | |||
Chapter 13 | Prosecution Through the study of this session, student will learn and understand the significance of prosecution and the types of prosecution, the conditions of prosecution, the procedure of prosecution and the conditions of prosecution. Understanding the types of non-prosecution. | |||
Chapter 14 | Trial Through the study of this session, student will learn and understand the system of final adjudication of two trials, Principles of trial, trial procedure of first instance, summary procedure, drafting of judgement, initiation and trial of second instance procedure (appeal). The Characteristics, Initiation, Subject and Procedure of Trial Supervision Procedure | |||
Chapter 15 | Execution of punishment Through the study of this session, student will learn and understand the procedures for the Execution and Change of Penalty, subject of execution of penalty. | |||
Chapter 16 | Reserved | |||
