First, whether the actor's behavior constitutes a crime; Second, if it constitutes a crime, what crime it constitutes; The third is to explain the principle of conviction and sentencing (if it is a judicial examination, it only explains the principle of conviction and sentencing, and does not point out the specific applicable punishment).
Specifically, it can be divided into the following steps:
(1) Qualitative needs to confirm whether the behavior of the perpetrator constitutes a crime. There must be two kinds of results, which constitute a crime and not constitute a crime. If it does not constitute a crime, it must explain the reasons and legal basis for not constituting a crime.
(II) Conviction If it is determined that the behavior of the perpetrator constitutes a crime, it is necessary to further confirm what constitutes a crime and explain the reasons and legal basis for the crime. The procedure for determining the charges in case analysis is generally: 1. Determine what constitutes a crime according to the given case. 2. Explain the concept and characteristics of this crime. 3. Explain the reasons for determining the charges. Mainly based on the facts given in the case, according to the theory of crime constitution and the conditions of crime constitution in the specific provisions of criminal law, it is proved that the actor's behavior conforms to the crime constitution of the crime in the specific provisions of criminal law in terms of the object, subject, subjective and objective aspects of crime, so it constitutes the crime.
(III) Application of the Principle of Conviction and Sentencing In judicial practice, there are very few cases of conviction and sentencing based entirely on the specific provisions of the criminal law. Usually, the principles stipulated in the general provisions and specific provisions of the criminal law are comprehensively applied according to the facts of the crime. The same is true of exam cases. Among the facts given in this case, there must be some relevant provisions that need to be applied to the general principles of criminal law.