刑法的總則與分則關係密切，論罪科刑互為體用，共同建構法律規範體系。有刑法分則而無總則，則刑法將不安定，無法明確掌握應處刑罰的犯罪行為；有刑法總則而無分則，則刑法將無法施展拳腳，而成為不具實用性的理論。刑法總則似為樹之根幹，刑法分則彷彿樹之枝葉。由此可知，具備刑法總則與分則的知識體系後，普通刑事實體法的學習方才完整。
本課程講授的犯罪類型包含：（1）侵害個人法益的犯罪，又區分為侵害專屬個人法益的犯罪，以及侵害非專屬個人法益的犯罪。前者是侵害個人的生命、身體、自由及秘密名譽等，財產法益以外的犯罪，如殺人罪、傷害罪等；後者則是侵害個人財產法益的犯罪，如竊盜罪、強盜罪等。（2）侵害社會法益的犯罪，如公共危險罪等。（3）侵害國家法益的犯罪，如瀆職罪等。
The general principles and sub-provisions of criminal law are closely related, and crime and punishment are mutually beneficial to each other and jointly construct a system of legal norms. If there are general principles of criminal law but no general principles, the criminal law will be unstable and cannot clearly grasp the criminal acts that should be punished; if there are general principles of criminal law but no general principles, the criminal law will not be able to exert its power and become an impractical theory. The general principles of criminal law are like the roots of a tree, and the specific principles of criminal law are like the branches and leaves of a tree. It can be seen from this that the study of general criminal substantive law can only be complete after having a knowledge system of general principles and sub-principles of criminal law.
The types of crimes taught in this course include: (1) Crimes against personal legal interests, which are further divided into crimes against exclusive personal legal interests and crimes against non-exclusive personal legal interests. The former is a crime that infringes upon an individual's life, body, freedom, secret reputation, etc., and is a crime other than property legal interests, such as homicide, injury, etc.; the latter is a crime that infringes upon personal property legal interests, such as theft, robbery, etc. (2) Crimes that infringe on social legal interests, such as public danger crimes, etc. (3) Crimes that infringe on national legal interests, such as dereliction of duty, etc.
刑法總則與刑法分則二者關係密切，論罪科刑互為體用。無刑總之分則，不安定、欠缺體系；而無分則之刑總，則根本無從附麗；兩者乃處於「樹與林」之關係。刑法分則課程內容將依序分別說明侵害個人法益、社會法益及國家法益之犯罪類型，透過刑法分則課程之修習，希望使同學能夠，(1)認識我國普通刑法中關於各個犯罪類型之具體構成要件的規定，特別是實行行為的解釋。(2)學習刑法解釋學的方法論。如何在罪刑法定主義所要求之「法的安定性」、以及符合現實社會處罰必要性所要求的「具體妥當性」之間，取得協調的課題。
The general principles of criminal law and the specific principles of criminal law are closely related, and they serve each other in judging crimes and imposing punishments. A punishment system without separate rules is unstable and lacks a system; a punishment system without separate rules has no way to attach itself to it; the two are in the relationship of "trees and forests." The content of the Criminal Law Principles course will sequentially explain the types of crimes that infringe on personal legal interests, social legal interests and national legal interests. Through the practice of the Criminal Law Principles course, we hope that students will be able to: (1) Understand the specific types of crimes in our country’s general criminal law The provisions of the constituent elements, especially the explanation of the performance of the act. (2) Learn the methodology of criminal law hermeneutics. The issue of how to achieve coordination between the "stability of the law" required by the legal doctrine of crime and punishment and the "concrete appropriateness" required by the necessity of punishment in real society.
課堂說明
Class Instructions
| 評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
|---|---|---|
| 期中測驗期中測驗 midterm test |
25 | |
| 期末測驗期末測驗 final exam |
25 | |
| 平時成績平時成績 usual results |
50 |
