西南石油大学学报（社会科学版）Issue(3)：58-64,7.DOI:10.11885/j.issn.1674-5094.2014.11.30.01
试论法条竞合的类型及其适用原则
Types of Concurrence of Law Articles and its Application Principle
摘要
Abstract
The nature of concurrence of law articles is substantive one crime and false concurrence,which is different from that of plural crimes in imagined concurrence and that of real concurrence. Clearly defining the connotation and essence of concurrence of law article and clarifying the types of concurrence of law articles are the prerequisites for applying the principle correctly. A new breakthrough is necessary for a concise categorization of types of concurrence of law articles. Concurrence of law article is related to the theory of law relationship,rather than the theory of criminal pattern. The essence of concurrence of law articles is concurrence between constituent elements,whereby concurrence of law articles can be divided into three types:separate concurrence,attachment concurrence and cross concurrence. Separate concurrence which is traditionally called special relationship concurrence of law article is applicable to the principles of“special law exclusion of common law”and abandon the complementary principle of“serious punishment superior to light punishment”.关键词
法条竞合/想象竞合/独立竞合/依附竞合/交叉竞合/特别法/普通法Key words
concurrence of law articles/imagined concurrence/separate concurrence/attachment concurrence/cross com-peting/special law/common law分类
社会科学引用本文复制引用
陈楚君..试论法条竞合的类型及其适用原则[J].西南石油大学学报（社会科学版）,2015,(3):58-64,7.
