Improvement of the criminal law case teaching method

There is a lack of case material in current criminal law case teaching generally, case, case of a single old issues, this made efforts from the generality of the case in this article, novelty and compare set an example to use the following three areas for improvement, to obtain best results of classroom teaching of criminal law.

　　In classroom teaching of criminal law procedure, use cases to help students understand, strengthen knowledge has been universally recognized, textbook of criminal law is also interspersed with a number of cases, however, we also need to deepen the criminal case method of teaching research, attention to and solve problems in the current, the generality of cases, novelty, compare set an example to use upgrade to a certain height.

　　First, the broad.

　　Criminal law case both scholars invented for use in the classroom, and from real life. For a case that occurred in the life, some of the facilitator is used to the whole story (including details of the story) get used in the classroom. For example, for organizations with a sensation of male prostitution case, some teachers may be based on the ethics and the legal edge—the wandering of homosexual prostitution case trial in Nanjing documentary [1] this story as a case to teach, discuss whether the case constitutes a crime of organizing prostitution. Books such as the criminal case studies and even more so, case occurred when, where, who, to clearly explain, describe specific events of 1510. Actually, not so, one will waste valuable class time, because after reading these cases more generally take a few minutes to a dozen minutes of time; the second will let students interested in description, because many cases comparable to first-class catch novels will undoubtedly distracted, contrary to the purpose of case teaching. For the above case, the teacher can the cases summarized: Nanjing, organization of male to male prostitution in other cases, would this not constitute “organizing prostitution”. Allowing the case’s specific highlights, so that the attention of students are placed in the Organization “men” of prostitution, the Act is criminal law article No. 358, “organize the prostitution of others”. The traditional view, organizing prostitution only organization “feminine”, but with the development of the times, organization of male prostitution occurred event, hinder social morals have criminal regulations necessary. Criminal law was used in “organize others”, “others” include men and women, so the crime. If it is necessary for students to understand the circumstances of the case, the teacher should be recommended in advance by reading curriculum, classroom teaching again for generalizations.

　　Second, the novelty.

　　We used to case teaching, cases tend to be used by normalizing case, is not conducive to enhancing knowledge, does not help students broaden their horizons, which concern, the introduction of new cases is important. As in a lecture on what is “illegally manufacturing, trading, transportation, mailing, storage of firearms, ammunition, explosives offences” Shi, Hebei manufactured artillery event occurs, triggering the social media discussion: “the Cannon” is a firearm, ammunition or the explosives? If teachers use this new case will enhance students ‘ understanding of firearms, ammunition, explosives, a deeper understanding. Although the dangers of manufactured soil Cannon than the manufacturing of firearms, ammunition, explosives, serious, should be punished, not existing mild penalties severe behavior problems of impunity, but can’t say loopholes in criminal law when faced with this situation, but a question of how to interpret the criminal law, because soil Cannon can be understood as firearms can be understood as an explosive. By this case, the students divergent thinking, has deepened the understanding of what they have learned. As for “emergency source of risk”, some textbooks involves only natural disaster risk, invasion, acts of the animal, that come from persons other than the flight risk. Even though speaking of human physiological and pathological causes is also a source of danger, but simply a disease, hunger and other examples. Teachers can refer to this case: “passers-by without the consent of the urgency of urination, toilet easy trespassing private clinics, without undue intrusion buildings. “[2] therefore visible emergency dangerous sources of danger not only include persons other than the risk aversion, risk of also including people from risk aversion itself. People from risk aversion itself not only the risk of common diseases, hunger, there are circumstances such as urgency of urination, urgent concrete jungle. And if for bigamy, a student will be considered to be a registered marriages in the former, and the registration of marriage, or after the fact of marriage. Teachers under the reference case, will enable students to have a correct understanding of the crime of bigamy: men had registered, but a male homosexual, no feelings for his wife, and a male and gay b men and publicly held a wedding, a male and b after the male open to married life, asked whether men constitute bigamy? Legalization of homosexuality in an increasing number of countries, recognition of homosexual acts, or the default of more minority. From this perspective, homosexuality has its objective reality exists, not because we are not concerned with or not used to deny the existence of this phenomenon. Even in China, although married homosexuals cannot be registered under the marriage law (law article fifth married must be men and completely voluntary), but coverage of gay marriage is also not uncommon. Visible, married person if he (she) who formed the gay and lesbian couples, monogamy was still against, and more importantly against the right of the first spouses of the opposite party to the marriage, this situation should be found to constitute the crime of bigamy. Cases must have the novelty of the criminal law, so as to promote the theory of sublimation. “Abnormal examples although rare for scholars often relish, theory of a large space. It’s not showing off is not a novelty, but a theory necessary by extreme examples of inspection “. [3] is like a person eat more apples, and only know the taste of apples. If you give him an Apple, then to a banana, pineapple, then he will know the different fruits, have different tastes and different fruits.

　　Third, the analogical set an example.

　　Established cases of analogy refers to the process of classroom teaching or doing research, when one of the specific facts of the case after an abstract summary, accurate qualitative, in the case of factors related to consciously change, thus a case teaching method to come to different conclusions. There is no doubt that analogy based comparative case law in the case of generality, novel teaching method is a more advanced requirements. It first requires awareness, to accept the reality of life are complex and changing the facts. Second, we must have a perfect knowledge of the criminal law, strict system of knowledge and open vision of thinking. The diverse reality of differences, penal provisions, at first glance very similar behavior (is on the Visual aspects of life, of course) will be identified as different behavior on the criminal law. Example, John Doe because of xenophobia and b, for b, so repair vehicle, vandalism of automobile brakes, resulting in accidents. No doubt, constitute a crime of destruction of means of transport. Did all the acts of destruction of means of transport will be identified as the damaged transport sins? The answer is no. In this analogy the fact of the destruction of means of transport, we set an example: John Doe is poverty, and health and psychology of hatred, carrying fruit knife on a night in a car more than 20 vehicles in the community, is designated vehicle has a serious scratches from front to rear, do ask car constituted a crime of destruction of means of transport? From the perspective of life, a behavior is a violation of transport. But in criminal law, destruction of means of transport is a crime against public security, this requires the destruction of means of transport must harm public security. If transport is destroyed but it will not endanger the public safety, cannot be identified as the crime. Public safety is “no specific or the life, physical safety, and public life of the majority of stability and peace”, [4] is mainly not specific or the life and physical safety of the majority, and smooth and quiet public life is limited to damage the broadcasting and telecommunications facility, the results of the public telecommunications facilities. For this case, most people would think only damaged the car’s appearance, no risk for public safety, so the vehicle cannot be identified as the crime of destruction of means of transport, and should be identified as the crime of wilful damage to property. We continue to destroy the car analogy is set an example, promoting students to more positive thinking will help students to further distinguish between this crime and that crime. If certain person dissatisfied with the service due to Automobile Museum, on a day to bring a hammer is a national treasure-level automotive heritage smashed, asked on how punishment? The car has been identified as a precious cultural relics, and deposited in the Museum all day, are no longer used for commuting purposes, so the Act constitutes a crime of deliberately damaging relics. Now assume that to maintain the performance of this national treasure car heritage, auto Museum decided to send the most discreet, skilled drivers driving such a vehicle, when another car driver John Doe for a traffic violation of the national treasure-level automotive heritage crashed, asked constitute what crimes? Cannot recognize such a vehicle on public roads for the precious relics, so does not constitute a crime of intentional destruction of heritage, and does not constitute a crime of negligent bad loss of heritage (possibility requires conduct nature awareness or understanding of negligence). Traffic violations, that he is aware of the possible results of a traffic accident, and the value of this national treasure car heritage is objective and objective in violation of traffic rules, resulting in a greater loss of property, should be identified as the crime of causing traffic casualties. Through the means of transport (car) a set of established cases of analogy, we distinguish different circumstances, come to the conclusion of the establishment of a different crime, so as to enable students to experience the value of research situation, knows the encounter do not rush to conclusions, to have a vision of open, consider some related offence, so as to reach the best conclusions.

　　For case teaching of criminal law, criminal law facilitator, researcher required efforts towards the generality, novelty, full case study similar charges by setting an example of analogy, using a large number of short, new cases of multiple similar set to deepen class teaching.

　　References:

　　[1] network in the South.
　　[2] Lin Dongmao. Overview of the criminal law (amended five version) [m]. Beijing: Renmin University Press, 2009.8

[3] Ruan qilin. Criminal law [m]. Beijing: China University of politics and law Publishing House, 2008. preface to 10.

　　[4] Zhang Mingkai. Criminal law [m] Beijing: law press, 2007.515.