刑法学总论 Criminal Law

Peking University via Coursera

Go to Course: https://www.coursera.org/learn/xingfa-xue-zong-lun

Introduction

### Course Review: 刑法学总论 (Criminal Law) As the legal framework that defines crimes and establishes corresponding penalties, criminal law is a vital area of study for students and practitioners alike. The Coursera course titled "刑法学总论" (Criminal Law) offers an insightful and comprehensive overview of modern criminal law concepts, theories, and methodologies. This course is tailored for both novices and those seeking to deepen their understanding of criminal law principles, making it a valuable resource. #### Overview of the Course The primary goal of this course is to succinctly yet thoroughly explain the fundamentals of criminal law. It delves into key themes such as: - **The Justification of Punishment:** Discussing the moral and legal foundations of punitive measures. - **Principle of Legality:** Addressing the necessity of clear laws defining crimes. - **Interpretation of Criminal Law:** Exploring how laws are applied and understood in various contexts. - **Scope of Criminal Law:** Outlining which actions fall under criminal implications. - **Concept of Crime and Elements of Offense:** Analyzing how crimes are defined and what constitutes an offense. - **Participation in Crime:** Understanding the frameworks of joint criminal activity and incomplete offenses. - **The Structure of Punishments:** Including sentencing systems, parole, and commutation. This course employs a blend of theoretical discussions and case analyses, encouraging students to grasp the dynamic nature of criminal law. By drawing comparisons with international standards and examining case studies, students develop a nuanced understanding of how criminal justice systems aim for fairness and equity in society. #### Syllabus Breakdown The course is structured as follows: 1. **Week 1:** Overview of Criminal Law and Justification of Punishment 2. **Week 2:** Principle of Legality 3. **Week 3:** Interpretation of Criminal Law 4. **Week 4:** Scope of Criminal Law 5. **Week 5:** Concept of Crime and Overview of Offense Elements 6. **Week 6:** Objective Aspects of Crime Composition 7. **Week 7:** Subjective Aspects of Crime Composition 8. **Week 8:** Criminal Subjects 9. **Weeks 9-10:** Grounds for Excluding Criminal Liability (Parts 1 and 2) 11. **Week 11:** Incomplete Crimes 12. **Week 12:** Joint Crimes 13. **Week 13:** Concept and Structure of Punishment 14. **Week 14:** Sentencing Concept and Systems 15. **Week 15:** Imposition of Multiple Sentences, Commutation, and Parole 16. **Final Exam** #### Recommendations I highly recommend this course for anyone interested in criminal law, whether you are a law student, a legal practitioner, or simply someone keen to understand the complexities of crime and justice. The well-structured syllabus provides a solid foundation in both theoretical and practical aspects of criminal law. The course emphasizes not only the letter of the law but also the spirit behind it—aiming for fairness and justice in society. This balance makes it particularly engaging and relevant in today's world, where discussions about criminal justice reform are increasingly pertinent. Furthermore, the interactive case studies help to ground theoretical learning in real-world application, which enhances the overall learning experience. In conclusion, the "刑法学总论" (Criminal Law) course on Coursera is an excellent opportunity to gain a comprehensive understanding of criminal law that will not only enrich your knowledge but also equip you with practical insights into navigating the complexities of legal systems. Whether you pursue a career in law or simply wish to understand the foundations of justice, this course is a commendable choice.

Syllabus

第一周 刑法学概述 及 刑罚的正当性

第二周 罪刑法定原则

第三周 刑法的解释

第四周 刑法的适用范围

第五周 犯罪概念 及 犯罪构成概述

第六周 犯罪构成的客观要件

第七周 犯罪构成的主观方面

第八周 犯罪主体

第九周 排除犯罪的根据（1）

第十周 排除犯罪的根据（2）

第十一周 犯罪的未完成形态

第十二周 共同犯罪

第十三周 刑罚的概念与体系

第十四周 量刑的概念与制度

第十五周 数罪并罚、减刑及假释

期末考试