2017年国家司法考试法途讲堂 刑法之精讲篇

图书标准信息

• 作者 方鹏
• 出版社 开明出版社
• 出版时间 2017-01
• 版次 1
• ISBN 9787513128728
• 定价 65.00元
• 装帧 其他
• 开本 16开
• 纸张 胶版纸

【内容简介】

★内容减负：脱胎于名师讲义，体系清晰、内容精练，相较于传统讲义类图书内容有大幅缩减，这是本书的一大特点。
  ★重点突出：在讲义的系统条框基础上，加入作者的授课精华，有针对性地剖析重点考点，指点考生如何记忆，化繁为简。
  ★个人特点鲜明：内容完全贴近老师讲课风格，突出各位作者自身的特点和擅长的讲解方向、授课方法。
  ★栏目灵活，可读性强：内容尽量避免平铺直叙，多采用案例举例、图表（流程图）、真题演练等灵活的形式，易读好记。

【目录】

上编刑法  总论

 

第一章 

刑法概说·········································································································· 3

第一节  刑法的概念··································································································· 3

第二节  刑法解释······································································································ 4

第三节  刑法的基本原则·························································································· 15

第四节  刑法的适用范围·························································································· 22

第二章 

犯罪构成理论（客观不法—主观责任）··························································· 32

第一节  犯罪构成和犯罪认定方法············································································ 32

第二节  构成要件要素及其分类················································································ 41

第三章 

法益（犯罪客体）·························································································· 46

第四章 

客观不法要件（犯罪的客观要件）·································································· 49

第一节  危害行为····································································································· 49

第二节  行为对象····································································································· 64

第三节  危害结果····································································································· 65

第四节  因果关系····································································································· 66

第五节  其他客观不法要素······················································································· 79

第五章 

主观责任要件（犯罪的主观要件）·································································· 81

第一节  刑事责任年龄、责任能力（责任的前提）···················································· 81

第二节  故意、过失（责任形式）············································································ 93

第三节  事实认识错误···························································································· 111

第四节  目的、动机······························································································· 126

第六章 

犯罪阻却事由（违法阻却事由，责任阻却事由）··········································· 129

第一节  违法阻却事由（正当化事由）··································································· 129

第二节  责任阻却事由···························································································· 148

第七章 

犯罪的未完成形态························································································ 152

第一节  犯罪的完成形态：犯罪既遂······································································· 153

第二节  犯罪预备（着手前被迫停顿）··································································· 155

第三节  犯罪未遂（着手后被迫停顿）··································································· 156

第四节  犯罪中止（自动放弃）·············································································· 162

第八章 

共同犯罪······································································································ 171

第一节  共同犯罪的基本含义和概念······································································· 172

第二节  共同犯罪的成立条件················································································· 181

第三节  共同犯罪人的分工分类法：正犯与共犯（定罪之用）································ 188

第四节  共同犯罪人的作用分类法：主犯与从犯（量刑之用）································ 196

第五节  共同犯罪与身份························································································ 200

第六节  共同犯罪与犯罪未完成形态······································································· 203

第七节  共同犯罪中的认识错误·············································································· 209

第八节  共同犯罪与不作为····················································································· 211

第九章 

单位犯罪······································································································ 216

第十章 

罪数形态（总论理论 分则规定）································································· 221

第一节  刑法总论中的罪数形态（理论）································································ 222

第二节  刑法分则及解释规定的常考罪数情况归纳（法条）···································· 237

第十一章 

刑罚的体系······························································································· 243

第一节  主刑·········································································································· 243

第二节  附加刑······································································································ 252

第十二章 

刑罚的裁量······························································································· 259

第一节  量刑概述··································································································· 259

第二节  量刑情节（累犯、自首、坦白、立功）····················································· 261

第三节  量刑制度··································································································· 272

第十三章 

刑罚执行··································································································· 281

第十四章 

刑罚消灭··································································································· 290

第一节  追诉时效··································································································· 290

第二节  赦免·········································································································· 294

 

下编  刑法分论

 

下编 

刑法分论·········································································································· 296

刑法 

分论概说·········································································································· 299

第一章 

危害国家安全罪···························································································· 308

第二章 

危害公共安全罪···························································································· 315

第三章 

破坏社会主义市场经济秩序罪······································································· 349

第一节  生产、销售伪劣商品罪·············································································· 349

第二节  走私罪······································································································ 355

第三节  妨害对公司、企业的管理秩序罪································································ 361

第四节  破坏金融管理秩序罪················································································· 366

第五节  金融诈骗罪······························································································· 376

第六节  危害税收征管罪························································································ 394

第七节  侵犯知识产权罪························································································ 398

第八节  扰乱市场秩序罪························································································ 402

第四章 

侵犯公民人身权利、民主权利罪··································································· 410

第五章 

侵犯财产罪··································································································· 464

第六章 

妨害社会管理秩序罪····················································································· 517

第一节  扰乱公共秩序罪························································································ 517

第二节  妨害司法罪······························································································· 538

第三节  妨害国（边）境管理罪·············································································· 554

第四节  妨害文物管理罪························································································ 558

第五节  危害公共卫生罪························································································ 561

第六节  破坏环境资源保护罪················································································· 564

第七节  走私、贩卖、运输、制造毒品罪································································ 568

第八节  组织、强迫、引诱、容留、介绍卖淫罪····················································· 577

第九节  制作、贩卖、传播淫秽物品罪··································································· 581

第七章 

危害国防利益罪···························································································· 585

第八章 

贪污贿赂罪··································································································· 587

第九章 

渎职罪·········································································································· 633

第十章 

军人违反职责罪···························································································· 654