《2017年國家司法考試法途講堂：刑法之精講篇》是2017年開明出版社出版的圖書。
基本介紹
- 中文名：2017年國家司法考試法途講堂：刑法之精講篇
- 作者：方鵬
- 出版時間：2017年1月
- 出版社：開明出版社
- ISBN：9787513128728
- 類別：司法考試類圖書
- 開本：16 開
- 裝幀：平裝-膠訂
內容簡介,圖書目錄,
內容簡介
★內容減負：脫胎於名師講義，體系清晰、內容精練，相較於傳統講義類圖書內容有大幅縮減，這是本書的一大特點。
★重點突出：在講義的系統條框基礎上，加入作者的授課精華，有針對性地剖析重點考點，指點考生如何記憶，化繁為簡。
★個人特點鮮明：內容完全貼近老師講課風格，突出各位作者自身的特點和擅長的講解方向、授課方法。
★欄目靈活，可讀性強：內容儘量避免平鋪直敘，多採用案例舉例、圖表（流程圖）、真題演練等靈活的形式，易讀好記。
圖書目錄
上編刑法 總論
第一章 刑法概說·········································································································· 3
第一節 刑法的概念··································································································· 3
第二節 刑法解釋······································································································ 4
第三節 刑法的基本原則·························································································· 15
第四節 刑法的適用範圍·························································································· 22
第二章 犯罪構成理論（客觀不法—主觀責任）··························································· 32
第一節 犯罪構成和犯罪認定方法············································································ 32
第二節 構成要件要素及其分類················································································ 41
第三章 法益（犯罪客體）·························································································· 46
第四章 客觀不法要件（犯罪的客觀要件）·································································· 49
第一節 危害行為····································································································· 49
第二節 行為對象····································································································· 64
第三節 危害結果····································································································· 65
第四節 因果關係····································································································· 66
第五節 其他客觀不法要素······················································································· 79
第五章 主觀責任要件（犯罪的主觀要件）·································································· 81
第一節 刑事責任年齡、責任能力（責任的前提）···················································· 81
第二節 故意、過失（責任形式）············································································ 93
第三節 事實認識錯誤···························································································· 111
第四節 目的、動機······························································································· 126
第六章 犯罪阻卻事由（違法阻卻事由，責任阻卻事由）··········································· 129
第一節 違法阻卻事由（正當化事由）··································································· 129
第二節 責任阻卻事由···························································································· 148
第七章 犯罪的未完成形態························································································ 152
第一節 犯罪的完成形態：犯罪既遂······································································· 153
第二節 犯罪預備（著手前被迫停頓）··································································· 155
第三節 犯罪未遂（著手後被迫停頓）··································································· 156
第四節 犯罪中止（自動放棄）·············································································· 162
第八章 共同犯罪······································································································ 171
第一節 共同犯罪的基本含義和概念······································································· 172
第二節 共同犯罪的成立條件················································································· 181
第三節 共同犯罪人的分工分類法：正犯與共犯（定罪之用）································ 188
第四節 共同犯罪人的作用分類法：主犯與從犯（量刑之用）································ 196
第五節 共同犯罪與身份························································································ 200
第六節 共同犯罪與犯罪未完成形態······································································· 203
第七節 共同犯罪中的認識錯誤·············································································· 209
第八節 共同犯罪與不作為····················································································· 211
第九章 單位犯罪······································································································ 216
第十章 罪數形態（總論理論 分則規定）································································· 221
第一節 刑法總論中的罪數形態（理論）································································ 222
第二節 刑法分則及解釋規定的常考罪數情況歸納（法條）···································· 237
第十一章 刑罰的體系······························································································· 243
第一節 主刑·········································································································· 243
第二節 附加刑······································································································ 252
第十二章 刑罰的裁量······························································································· 259
第一節 量刑概述··································································································· 259
第二節 量刑情節（累犯、自首、坦白、立功）····················································· 261
第三節 量刑制度··································································································· 272
第十三章 刑罰執行··································································································· 281
第十四章 刑罰消滅··································································································· 290
第一節 追訴時效··································································································· 290
第二節 赦免·········································································································· 294
下編 刑法分論
下編 刑法分論·········································································································· 296
刑法 分論概說·········································································································· 299
第一章 危害國家安全罪···························································································· 308
第二章 危害公共安全罪···························································································· 315
第三章 破壞社會主義市場經濟秩序罪······································································· 349
第一節 生產、銷售偽劣商品罪·············································································· 349
第二節 走私罪······································································································ 355
第三節 妨害對公司、企業的管理秩序罪································································ 361
第四節 破壞金融管理秩序罪················································································· 366
第五節 金融詐欺罪······························································································· 376
第六節 危害稅收征管罪························································································ 394
第七節 侵犯智慧財產權罪························································································ 398
第八節 擾亂市場秩序罪························································································ 402
第四章 侵犯公民人身權利、民主權利罪··································································· 410
第五章 侵犯財產罪··································································································· 464
第六章 妨害社會管理秩序罪····················································································· 517
第一節 擾亂公共秩序罪························································································ 517
第二節 妨害司法罪······························································································· 538
第三節 妨害國（邊）境管理罪·············································································· 554
第四節 妨害文物管理罪························································································ 558
第五節 危害公共衛生罪························································································ 561
第六節 破壞環境資源保護罪················································································· 564
第七節 走私、販賣、運輸、製造毒品罪································································ 568
第八節 組織、強迫、引誘、容留、介紹賣淫罪····················································· 577
第九節 製作、販賣、傳播淫穢物品罪··································································· 581
第七章 危害國防利益罪···························································································· 585
第八章 貪污賄賂罪··································································································· 587
第九章 瀆職罪·········································································································· 633
第十章 軍人違反職責罪···························································································· 654
