How to write "Some Experiences in Learning Criminal Procedure Law"?

The experience of studying criminal law Through the study of legal courses, I learned some basic knowledge of law, which laid the foundation for my future life and work. We can use our legal knowledge to safeguard the rights of ourselves and others. Law is a science. The so-called science is the knowledge about the objective world, which is systematic knowledge, and studies the laws and phenomena in human life, such as politics, economy, law and so on. Law is social, normative, conceptual, purposeful, just and practical. First, social law is a social rule. For example, criminal law studies criminology, while civil law studies the relationship between people and property. Law, as a social science, has sociality. The difference from natural science is that it is 1, unmeasurable, untestable and untestable, while natural science can be measured, tested and experimented. Although we say that practice is the only criterion for testing truth, it does not mean experiment. Practice is the practice of the whole human society rather than doing experiments, such as Ma Yinchu's new population theory. Until now, we have realized that the new population theory is a truth, such as the planned economy with single public ownership. 100 years later, it finally proved that the single public ownership economy is not feasible. 2. The researcher is inseparable from the research object, and the education level and life background of the researcher are inseparable from the research object. However, the natural sciences such as chemistry, physics and biology are less influenced by the subjective factors of researchers, while the results of legal research are greatly influenced by the subjective factors of researchers. For example, many viewpoints of different disciplines are reasonable, and different scholars have different views on the same issue. I think we should think independently and judge independently. That is to say, you should think independently and make your own judgment, which is not influenced by others. Speaking of independent judgment, one thing is very important, that is, the standard of judgment. Such as fairness and honesty are all life experiences, that is to say, what should I do when legal differences are reasonable? In addition to the basic principles, it is more important to use social life experience as a criterion. Therefore, social life experience can be used as a criterion to judge the right and wrong of legal theoretical phenomena. Only the theory that conforms to the experience of social life is correct. 2. Standardization Since law is a code of conduct in social life, law also has standardization, which is the characteristic that law is different from other disciplines. For example, economics talks about maximizing efficiency and interests, while jurists talk about legal and illegal issues and irregular norms. Due to the normative nature of the law, every legal provision can be decomposed into constituent elements, scope of application and legal effect. As long as we have mastered its constituent elements, scope of application and legal effect, then we have mastered this legal provision. Law especially emphasizes standardization, logicality and systematicness. Normality is what we call operability. If a civil code is to be enacted, should it be relaxed? Or is it standardized and logical? Professor Jiang Ping said that an open civil code system should be established. How to open the civil law? I think it must be logical and normative. Third, the concept of conceptual law comes from legal rules. For example, fraud, fraud and behavior are two concepts, and fraud is a new concept; For example, damages, direct damages and personal damages are three different concepts. Only by mastering the concept can we understand the legal rules well. Law is a system of concepts. Only by mastering the concept system can we establish a set of legal thinking and have the qualification of legal person. Therefore, our learning method is to start with the concept, so we must master the concept, understand the concept, remember not to memorize, remember first, and then understand. Such as fraud, we must first understand what fraud is, in order to further understand fraud. This method is called literal interpretation in legal interpretation. Literal interpretation means that every legal provision is made up of language, so we must make clear the language before we can grasp the meaning of the concept. At the same time, language is ambiguous and vague. As the law says, "product" is inconsistent with social life. So you can't just understand it literally, there should be many other ways to understand it. A law may have many understandings, so a legal person is of great use in real life. Fourth, the law of purpose is a kind of behavior rule, which is formulated by people. In our country, people's deputies make laws on behalf of the people. Since it was formulated by people, there must be a purpose. Of course, law also has a purpose, which has been neglected in history, especially in German conceptual law, which pays too much attention to conceptual problems and ignores the purpose. It was not until Gerling, a famous German scholar, who was originally a scholar of the school of conceptual law, that he gradually realized that the school of conceptual law had rigid shortcomings in middle age, so he wrote a book. In this book, he points out that every law has a specific purpose. To understand, master and apply a law, we must first understand its purpose. When we study any law, we should not only understand its constituent elements, scope of application and legal consequences, but also think about the purpose of this legal system and legal rules, so as to truly master it. If we only talk about concepts, it will become "concept" jurisprudence. Ye Lin said that the "concept" of law will become a concept game. He said that the purpose of law is like the North Star in the sky. The purpose of law is like the North Star in the sky, which guides us to learn, master and apply the law. For every legal system and rule, we start with the purpose, which constitutes a new legal research method in law-the purpose interpretation method, that is, the interpretation and application of every system and rule must be closely related to the legislative purpose. If there are two interpretations, only the interpretation that closely follows the legislative purpose is correct. V. Justice The justice of law originates from the justice of law. Legal rules can only be distinguished from technical rules because of justice, and laws can also be divided into good laws and evil laws. We use the justice of law to evaluate the good or bad, advanced or backward of law. At the same time, there are problems of formal justice and substantive justice. At present, many people pay too much attention to formal justice and neglect substantive justice, but formal justice is only a means to obtain substantive justice, and only when substantive justice cannot be obtained can we be satisfied with procedural justice. Substantive justice is the purpose and procedural justice is the means. Once formal justice is overemphasized, it will deviate from the justice of law. As legal persons, judges and lawyers are different from other people in society. They are defenders of social justice. Therefore, don't confuse law with other professions. We can't use money to measure it, because we chose the law, and we chose justice! Practically, we study law in order to solve problems with law, and we can't just study behind closed doors. We should also pay attention to cases in social life, discuss actual and hypothetical cases, and discuss how to judge. For example, when we are at home, our neighbors may ask us how to answer them with some cases, so we should pay attention to the practicality of the law in our usual study and constantly exercise our practical ability. Someone asked me what surrender was. How can we handle it lightly? Through the study of criminal law knowledge, I know that according to the first paragraph of criminal law, those who voluntarily surrender after committing a crime and truthfully confess their crimes belong to surrender. Surrender refers to voluntarily surrendering directly to the public security organ, the people's procuratorate or the people's court when the judicial organs have not found the criminal facts or suspects, or when the suspects have not been interrogated or compulsory measures have not been taken. The criminal suspect surrenders himself to his unit, urban and rural grassroots organizations or other relevant responsible personnel; Due to illness, injury or in order to mitigate the consequences of the crime, the criminal suspect entrusts others to surrender first, or surrenders himself by telegram; Criminal acts have not been discovered by judicial organs, but they voluntarily confess their crimes after interrogation and education by relevant organizations or judicial organs; Escaping after committing a crime and voluntarily surrendering himself in the process of being wanted and pursued; Those who are prepared to surrender after verification, or who are arrested by the public security organs on the way to surrender, shall be deemed to surrender. Not out of the initiative of the criminal suspect, but persuaded and accompanied by relatives and friends to surrender; If the public security organ notifies the relatives and friends of the criminal suspect, or after the relatives and friends take the initiative to report the case, it shall also be regarded as surrender. If a criminal suspect escapes after voluntarily surrendering, it cannot be considered as surrender. Truthfully confessing one's crime means that a criminal suspect truthfully confesses his main criminal facts after voluntarily surrendering himself. If a criminal suspect who is punished for several crimes only truthfully confesses part of the crime, only if he truthfully confesses part of the crime will he be deemed to have surrendered himself. * * * The criminal suspect in an accomplice case should not only truthfully confess his criminal behavior, but also confess his known accomplice, and the principal should confess his known accomplice facts before he can be considered as surrender. A criminal suspect who voluntarily surrenders himself and truthfully confesses his crime and then recants his confession cannot be deemed to have surrendered himself, but if he can truthfully confess before the judgment of first instance, he shall be deemed to have surrendered himself. According to the provisions of Article 67 of the Criminal Law, if a criminal suspect, defendant or convicted criminal who has taken compulsory measures truthfully confesses the crimes that have not been mastered by the judicial organs, as well as the crimes that have been mastered by the judicial organs or crimes with different sentencing, they are deemed to have surrendered themselves. Criminals who surrender themselves may be given a lighter or mitigated punishment; If the circumstances of the crime are minor, punishment may be exempted. The specific determination of a lighter, mitigated or exempted punishment should consider the specific circumstances of surrender according to the seriousness of the crime. If a criminal suspect, defendant or convicted person who has been subjected to compulsory measures truthfully confesses a crime that has not been mastered by the judicial organ and is the same as a crime that has been mastered or determined by the judicial organ, he may be given a lighter punishment as appropriate; If the circumstances of the same crime truthfully confessed are minor, the punishment shall generally be lighter. According to the provisions of the first paragraph of Article 68 of the Criminal Law, if a criminal reports and exposes another person's crime after the case, it includes that a co-offender exposes other crimes other than the same crime, which is verified by investigation; Providing important clues for the detection of other cases, which are verified to be true; Stop other people's criminal activities; Those who assist the judicial organs in arresting other criminal suspects and have other outstanding performances beneficial to the country and society shall be regarded as meritorious service. * * * A criminal in the same criminal case may be given a lighter punishment as appropriate if he exposes the same criminal fact after he arrives at the case. According to the provisions of the first paragraph of Article 68 of the Criminal Law, criminals report and expose other people's major criminal acts, which are verified by investigation; Providing clues to solve major cases, which are verified to be true and prevent others from major criminal activities; Those who assist the judicial organs in arresting other major criminal suspects and have made other significant contributions to the country and society shall be deemed to have made significant meritorious service. Through the understanding of the law and the usual study, I have a better understanding of the importance of the law. Wherever I go, I can't leave the law. The law is equal to everyone at any time and anywhere, and each of us should know, understand and use it.