刑法学总论 Criminal Law (Coursera)

Offered by Peking University,
刑法学总论 Criminal Law (Coursera)

刑法是规定犯罪与刑罚的法律。刑法学是研究刑法的科学,主要研究犯罪的成立条件以及刑罚的种类与适用刑法的制度等问题。本课程的主要目的是简明完整地说明现代刑法学总论的基本概念、基本理论与基本方法,包括的主要内容有刑法与刑法学的基本概念,刑罚的正当性,罪刑法定原则,刑法解释,刑法的适用范围,犯罪与犯罪构成的概念,犯罪构成的主要内容,排除犯罪的根据,犯罪的未完成状态,共同犯罪,刑罚的概念与体系,量刑制度,数罪并罚,缓刑、减刑与假释。本课程通过理论说明与案例分析对有关问题进行讲解,鼓励同学们通过刑法发展来认识刑法的生命,通过刑法比较来认识刑法的国际标准,通过确立刑法理想来追求社会的公平正义。

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本课程将系统完整地说明、分析现代刑法学总论中的基本概念、基本理论。同学们通过本课程的讲述、案例的讨论、理论的分析,可以对现代刑法学知识的基本使用方法有一个完整的理解,从而有助于理解与分析现代社会面临的刑法问题。

Syllabus

WEEK 1
第一周 刑法学概述 及 刑罚的正当性

WEEK 2
第二周 罪刑法定原则

WEEK 3
第三周 刑法的解释

WEEK 4
第四周 刑法的适用范围

WEEK 5
第五周 犯罪概念 及 犯罪构成概述

WEEK 6
第六周 犯罪构成的客观要件

WEEK 7
第七周 犯罪构成的主观方面

WEEK 8
第八周 犯罪主体

WEEK 9
第九周 排除犯罪的根据(1)

WEEK 10
第十周 排除犯罪的根据(2)

WEEK 11
第十一周 犯罪的未完成形态

WEEK 12
第十二周 共同犯罪

WEEK 13
第十三周 刑罚的概念与体系

WEEK 14
第十四周 量刑的概念与制度

WEEK 15
第十五周 数罪并罚、减刑及假释

WEEK 16
期末考试

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