山东省委党校在职研究生刑法复习题.doc

1、well, with the effectiveness of services to defend the interests of the masses. Third, we should strive to do well. To achieve good practical results, the key is to know the law, to grasp the laws and using laws. Office of economic development, social progress, there are rules to follow. Only act ac

2、cording to the law, to overcome blindness and strengthening initiative, creative. Working in the Office, we should be good at analyzing the essence of things, to find regular thing, change from passive to active, to seek one. Investee 2. establishment of evaluation system. Evaluation system is essen

3、tially an incentive mechanism, the evaluation was objective and fair, reasonable, and can stimulate a persons energy, mobilizing peoples enthusiasm or be misleading, dampened the enthusiasm of people. At present, the concept of people-oriented people, but to establish and perfect evaluation system i

4、s still lagging behind. Work in this area should be seriously caught up. “Three emphasis on“ to take advantage of. Is a focus on standards and scientific. A fundamental point of the evaluation criteria, is to keep contact, development, comprehensive eye evaluation of cadres. Office work, both “recor

5、d“ and “potential performance“; both subjective efforts, take another look at the objective condition; both “pragmatic“ enough, take another look at the “retreat“ level. Second, focus on participating the breadth of the subject. Evaluation of cadres must give full play to democracy, cadres and the m

6、asses handing over evaluation. Office work services leadership and service base, serve the people, then nominated the main object will contain a variety of services, so that assessment was accurate and to avoid one-sidedness. Third, pay attention to the seriousness of the conclusion. The use of eval

7、uation findings is mainly embodied in his direction. Permitted to choose one, it would be tantamount to establishing a banner. Evaluation cant take care of the balance, otherwise it would undermine the offset the positive significance of evaluation. Office of the party committees at all levels shoul

8、d take the findings as on the cadres bonus-penalty, an important basis for future movements, incentive and restraint effect of making evaluations. 3. Prevention of understanding “infidelity“. People-centered development, concrete is dialectical,. In practice in the process, to prevent one-sided and

9、still look, from actual people. One is to use dialectical point of view to understand. Humanist is the core of the scientific Outlook on development, remains the development of the scientific Outlook on development emphasizes, is still taking economic construction as the Center. Any departure from t

10、he development of thought and action, is a misinterpretation and misunderstanding of people-oriented. Adhere to people-oriented both to overcome one-sidedness of the old, but also to prevent one-sidedness, not accelerating the development of people and the opposition. Must be very clear, people orie

11、nted and speeding up development is not opposed, but consistent, we should never bepeople-oriented in the name of reducing our enthusiasm. Premier Wen Jiabaos Government work report this year, identified as 7% growth, 2.1% lower than last years 9.1%, but in 8 work remains to accelerate development i

12、n the first place . Work standards. Second is to use the scale of development to understand. Society is evolving, human needs are also changing. Practice of humanism is a long-term process and cannot be achieved overnight. To treat people if you stand still and rigid dogma, it is possible to return

13、to this, see things but not peoples old ways. Therefore, we have to follow the development of the times, and continue debugging the humanist perspective, innovative people-oriented way. Under the new historical conditions, we are requested by the times, set up a brand new concept, a high starting po

14、int, high standard of armed people, shaping, exercise, people, constantly taking the new connotation of the times. Terms of Office, is to lead the vast numbers of cadres to actively adapt to the knowledge faster and actively adapt to the increasingly high level of leadership situation, actively adap

15、t to the demand of the masses more and more situations, eager to learn, enhance accumulation, efforts, honed the ability to overcome a good service, panic. Third is to use realistic understanding. Adhere to people-oriented must be based on reality, not divorced from reality. Desk no water cups here

16、in Hong Kong, staff need to drink some water to the drinking fountain on a floor, the glass used is a one-time non-cone type. Drink this cup can only hold, cannot be put down. This is not only to save on glass materials, more important is to force you to get drinking water, go back to your seat busi

17、ness. Our emphasis on people-oriented, does not imply you can indulge the desires, the comfortable, the pursuit of enjoyment. Office of the party committees at all levels of our comrades, must continue to maintain the style of plain living and hard struggle, to stand up to the tests of temptations,

18、exciting “energy“ conservation “disposition“ to the spirit of selfless dedication and provide services. Investee 4. clearly defined responsibilities. Putting people first is a common vision of development, everyone is a liability. People-oriented, above and below with the responsibility for coordina

19、ting system must be established and hold everyone accountable. First, we must strengthen the leadership. “In its place, its governance, its level, bear the responsibility of the Division.“ This is the minimum requirement for leaders, is a measure of the basic criteria for whether a leading cadre is

20、competent. Leaders need to “it is an official term for the benefit of“ mission, consciously assume responsibility for implementing people-oriented. Director of the Office of the party committees at all levels is the responsibility of the units to implement people-oriented, to manage their people, “p

21、lug in own responsibility“, effectively enhance the education of leading cadres, cadres and cadres work, efforts to revitalize the Office of human resources, Office work is full of vigor and vitality2011 级山东省委党校在职研究生法学专业刑法学期末笔记第一讲 刑法的一般理论1 刑法的概念和特点答：刑法既规定犯罪、刑事责任和刑罚的法律。刑法作为法律体系的重要组成部分，它与其他部门法如民法、经济法等

22、比较起来，有三个显著的特点：1、刑法的强制性最为严厉。刑罚权是和平时期一个国家最具有暴力性的国家权力。2、刑法所保护的社会关系范围广泛性。与其他部门法相比较，刑法所保护的社会关系的范围更为广泛。刑法所保护的是所有受到犯罪侵害的社会关系，这些社会关系涉及社会生活的各个方面，既涉及经济基础，也涉及上层建筑。3、刑法的保障性，刑法作为其他部门法的保护法，发挥着“第二道防线”的作用，通过对严重违法行为的制裁、打击，让人们遵纪守法，遵守宪法，遵守民法、婚姻法等法律，从而保障了宪法和其他部门法的实施。从这个意义上讲，刑法具有保障性。2 刑法的渊源答：刑法的渊源：即刑法的表现形式。既狭义的刑法和广义的刑法，

23、狭义的刑法:统一的刑法典，刑法典就是系统地 规定犯罪和刑罚的法典，中华人民共和国刑法（1997 年 10 月 1 日起施行）包括第一编：总则(刑法总论)、第二编：分则(刑法分论)和附则。广 义的刑法除刑法典外还包括单行刑法（对刑法典中局部内容进行修改、补充的决定或补充规定。 ）、附属刑法（非刑事法律中的刑事责任条款，例如: 婚姻法规定:-构成重婚的依照刑法定罪量刑）和刑法修正案（为了顺应我国政治、经济和社会等方面的发展变化，如果对刑法的修改和完善是局部的微调，就采取刑法修正案的方式）well, with the effectiveness of services to defend the i

24、nterests of the masses. Third, we should strive to do well. To achieve good practical results, the key is to know the law, to grasp the laws and using laws. Office of economic development, social progress, there are rules to follow. Only act according to the law, to overcome blindness and strengthen

25、ing initiative, creative. Working in the Office, we should be good at analyzing the essence of things, to find regular thing, change from passive to active, to seek one. Investee 2. establishment of evaluation system. Evaluation system is essentially an incentive mechanism, the evaluation was object

26、ive and fair, reasonable, and can stimulate a persons energy, mobilizing peoples enthusiasm or be misleading, dampened the enthusiasm of people. At present, the concept of people-oriented people, but to establish and perfect evaluation system is still lagging behind. Work in this area should be seri

27、ously caught up. “Three emphasis on“ to take advantage of. Is a focus on standards and scientific. A fundamental point of the evaluation criteria, is to keep contact, development, comprehensive eye evaluation of cadres. Office work, both “record“ and “potential performance“; both subjective efforts,

28、 take another look at the objective condition; both “pragmatic“ enough, take another look at the “retreat“ level. Second, focus on participating the breadth of the subject. Evaluation of cadres must give full play to democracy, cadres and the masses handing over evaluation. Office work services lead

29、ership and service base, serve the people, then nominated the main object will contain a variety of services, so that assessment was accurate and to avoid one-sidedness. Third, pay attention to the seriousness of the conclusion. The use of evaluation findings is mainly embodied in his direction. Per

30、mitted to choose one, it would be tantamount to establishing a banner. Evaluation cant take care of the balance, otherwise it would undermine the offset the positive significance of evaluation. Office of the party committees at all levels should take the findings as on the cadres bonus-penalty, an i

31、mportant basis for future movements, incentive and restraint effect of making evaluations. 3. Prevention of understanding “infidelity“. People-centered development, concrete is dialectical,. In practice in the process, to prevent one-sided and still look, from actual people. One is to use dialectica

32、l point of view to understand. Humanist is the core of the scientific Outlook on development, remains the development of the scientific Outlook on development emphasizes, is still taking economic construction as the Center. Any departure from the development of thought and action, is a misinterpreta

33、tion and misunderstanding of people-oriented. Adhere to people-oriented both to overcome one-sidedness of the old, but also to prevent one-sidedness, not accelerating the development of people and the opposition. Must be very clear, people oriented and speeding up development is not opposed, but con

34、sistent, we should never bepeople-oriented in the name of reducing our enthusiasm. Premier Wen Jiabaos Government work report this year, identified as 7% growth, 2.1% lower than last years 9.1%, but in 8 work remains to accelerate development in the first place . Work standards. Second is to use the

35、 scale of development to understand. Society is evolving, human needs are also changing. Practice of humanism is a long-term process and cannot be achieved overnight. To treat people if you stand still and rigid dogma, it is possible to return to this, see things but not peoples old ways. Therefore,

36、 we have to follow the development of the times, and continue debugging the humanist perspective, innovative people-oriented way. Under the new historical conditions, we are requested by the times, set up a brand new concept, a high starting point, high standard of armed people, shaping, exercise, p

37、eople, constantly taking the new connotation of the times. Terms of Office, is to lead the vast numbers of cadres to actively adapt to the knowledge faster and actively adapt to the increasingly high level of leadership situation, actively adapt to the demand of the masses more and more situations,

38、eager to learn, enhance accumulation, efforts, honed the ability to overcome a good service, panic. Third is to use realistic understanding. Adhere to people-oriented must be based on reality, not divorced from reality. Desk no water cups here in Hong Kong, staff need to drink some water to the drin

39、king fountain on a floor, the glass used is a one-time non-cone type. Drink this cup can only hold, cannot be put down. This is not only to save on glass materials, more important is to force you to get drinking water, go back to your seat business. Our emphasis on people-oriented, does not imply yo

40、u can indulge the desires, the comfortable, the pursuit of enjoyment. Office of the party committees at all levels of our comrades, must continue to maintain the style of plain living and hard struggle, to stand up to the tests of temptations, exciting “energy“ conservation “disposition“ to the spir

41、it of selfless dedication and provide services. Investee 4. clearly defined responsibilities. Putting people first is a common vision of development, everyone is a liability. People-oriented, above and below with the responsibility for coordinating system must be established and hold everyone accoun

42、table. First, we must strengthen the leadership. “In its place, its governance, its level, bear the responsibility of the Division.“ This is the minimum requirement for leaders, is a measure of the basic criteria for whether a leading cadre is competent. Leaders need to “it is an official term for t

43、he benefit of“ mission, consciously assume responsibility for implementing people-oriented. Director of the Office of the party committees at all levels is the responsibility of the units to implement people-oriented, to manage their people, “plug in own responsibility“, effectively enhance the educ

44、ation of leading cadres, cadres and cadres work, efforts to revitalize the Office of human resources, Office work is full of vigor and vitality3 刑法的基本原则和罪刑法定原则答：刑法基本原则，是指贯穿全部刑法规范、具有指导和制约全部刑事立法和刑事司法的意义、并体现我国刑事法制的基本精神的准则。 刑法基本原则包括罪刑法定原则、罪责刑相适应和适用刑法人人平等原则。罪刑法定原则作为刑法基本原则之一，其基本含义是：什么是犯罪，有哪些犯罪，各种犯罪的构成条件是什

45、么，有哪些刑种，各个刑种如何适用，以及各种具体罪的具体量刑幅度如何等，均由刑法加以规定。概括起来说，就是“法无明文规定不为罪，法无明文规定不处罚”。4 刑法的空间效力范围答：刑法的空间效力是指刑法对地域和人的效力。它明确国家刑事管辖权的范围。关于国家空间刑事管辖权范围的原则有：1、属地原则，就是 单纯以地域为标准，凡是发生在本国领域内的犯罪都适用本国刑法。否则，均不适用本国刑法。2、属人原则，就是 单纯以人的国籍为标准，凡是本国人犯罪，无论是发生在本国领域内还是本国领域外，都适用本国刑法; 凡外国人犯罪，即使发生在本国领域内，也不适用本国刑法。3、保 护 原则，从保 护本国利益出发，凡是侵害本

46、国国家或者公民利益的犯罪，不论犯罪人是本国人还是外国人，也不论犯罪地是在本国领域内还是本国领域外，都适用本国刑法。4、普遍原则，从保 护国际社会共同利益出发，凡是侵害国际公约、条约保护的国际社会共同利益的犯罪，无论犯罪人是本国人还外国人，也不论犯罪地是在本国领域内还是本国领域外，都适用本国刑法。5、综合原 则，凡是在本国领域内犯罪的，不论本国人或外国人，都适用本国刑法;本国人或外国人在本国领域外犯罪的，在一定条件下，也适用本国刑法。我国刑法第 6 条规定，凡在我国领域内犯罪的，除法律有特别规定的以外，都适用本法。我国领域指我国国境以内的全部空间区域俱体包括：(l)领陆，即国境线以内的陆地及其地

47、下层 。(2)领水，即内水领海及其地下层。内水包括内河、内湖、内海以及well, with the effectiveness of services to defend the interests of the masses. Third, we should strive to do well. To achieve good practical results, the key is to know the law, to grasp the laws and using laws. Office of economic development, social progress, the

48、re are rules to follow. Only act according to the law, to overcome blindness and strengthening initiative, creative. Working in the Office, we should be good at analyzing the essence of things, to find regular thing, change from passive to active, to seek one. Investee 2. establishment of evaluation

49、 system. Evaluation system is essentially an incentive mechanism, the evaluation was objective and fair, reasonable, and can stimulate a persons energy, mobilizing peoples enthusiasm or be misleading, dampened the enthusiasm of people. At present, the concept of people-oriented people, but to establish and perfect evaluation system is still lagging behind. Work in this area should be seriously caught up. “Three emphasis on“ to take advantage of. Is a focus on standards and scientific. A fundamental point of the evaluation criteria, is to keep contact, devel