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－「刑法分則」是修習刑法總則之後的延續課程。課程中，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 and division of the Criminal Law are closely related to the rules and regulations. The crimes and criminal matters are used together and a legal system is jointly established. If there is a criminal law that has no general rules, the criminal law will be unstable and cannot clearly grasp the criminal behavior that should be punished; if there is a criminal law that has no general rules, the criminal law will be unable to perform its fist and become a theory that is not practical. Criminal law generally seems to be the root of a tree, while criminal law is divided into branches and leaves of a tree. From this we can see that after the knowledge system of the general and division of criminal law is established, the learning of ordinary criminal law can only be complete.
This course - "Criminal Law Division" is a continuous course after the review of the Criminal Law. During the course, the types of crimes taught include: (1) crimes that infringe on personal legal interests, which are divided into crimes that infringe on personal legal interests and crimes that infringe on non-special personal legal interests. The former is a crime that infringes upon the personal life, body, freedom, secret reputation, etc., and is a crime other than the legal interests of property, such as murder, crime of injury, etc.; the latter is a crime that infringes upon the legal interests of personal property, such as crime of slander, crime of slander, etc. (2) Crimes that infringe on social legal interests, such as public danger crimes, etc. (3) Crimes that infringe upon the legal interests of the country, such as the crime of ceremonies.
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 Criminal Law General and the Criminal Law Division are closely related, and the crimes and crimes are used together. There is no punishment, no stability, lack of system; and there is no attachment to punishment; the two are related to "tree and forest". The content of the Criminal Law course will explain the types of crimes that infringe upon personal legal interests, social legal interests and national legal interests in order. Through the practice of the Criminal Law course, we hope that students can be able to do so. (1) Understand the specifics of various types of crimes in our ordinary criminal law. The regulations of the compositional requirements are especially an explanation of actual behavior. (2) Learn the method of explaining criminal law. How to obtain a coordinated course between the "security of the law" required by the statutory principle of crime and punishment, and the "specificity" required by the necessity of real social punishment.
課堂說明
Class instructions
| 評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
|---|---|---|
| 期中考試期中考試 Midterm exam |
30 | |
| 期末考試期末考試 Final exam |
30 | |
| 課堂參與課堂參與 Class Participation |
30 | |
| 出席情形出席情形 Attendance |
10 |
