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。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（全學年），目標講授的犯罪類型包含二大類：其一是，侵害個人法益的犯罪。此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。前者是侵害生命、身體、自由等法益的犯罪，如殺人罪、傷害罪、妨害性自主罪等；後者則是侵害財產法益的犯罪，如竊盜罪、強盜罪、詐欺罪等。其二是，侵害超個人法益的犯罪，此區分為侵害社會法益的犯罪，以及侵害國家法益的犯罪。前者有侵害社會安全、社會信用、社會風化等犯罪，如公共危險罪、偽造文書印文罪、妨害風化罪等；後者則是侵害國家安全、國家運作等犯罪，如內亂罪、外患罪、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 they jointly construct a system of legal norms. 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. This course - "Principles of Criminal Law" is a continuation course after studying the General Principles of Criminal Law. In the course (full academic year), the types of crimes targeted to be taught include two major categories: one is crimes that infringe on personal legal rights. This distinction is divided into crimes that infringe exclusive personal legal interests and crimes that infringe non-exclusive personal legal interests. The former is a crime that infringes upon life, body, freedom and other legal rights, such as homicide, injury, and obstruction of sexual autonomy; the latter is a crime that infringes upon property rights, such as theft, robbery, fraud, etc. The second is crimes that infringe on trans-individual legal interests, which are divided into crimes that infringe on social legal interests and crimes that infringe on national legal interests. The former includes crimes that infringe on social security, social credit, and social morals, such as crimes of public danger, crimes of forging documents and seals, crimes that impede morals, etc.; the latter includes crimes that infringe on national security and state operations, such as crimes of civil strife, crimes of foreign aggression, crimes of 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 sub-principles course will sequentially explain the types of crimes that infringe on personal legal interests, social legal interests and national legal interests. Through the study of the criminal law sub-principles course, we hope that students will be able to: (1) Understand the specific constituent elements of each type of crime in my country's general criminal law, especially the interpretation of the execution 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