Overlap Of Criminal Law Articles And Its Principle Of Application

Overlap of criminal law articles is a complicated theory of Criminal Law in Continental Law System countries. Some criminal law scholars have made some fruitful research on how to apply suitable criminal law articles to knotty and controversial cases in practice. However,research on the concept and classification of overlap of criminal law articles and its application is still very weak. Meanwhile,the bar deal with the cases hard due to these confused basic ideas of overlap of criminal law articles in theory. Therefore,it's really necessary to do some basic research on overlap of criminal law articles.The first chapter simply introduced the definitions of overlap of criminal law articles in both domestic and outside. After the analysis of their reasons and limitations,the thesis defined a new concept of overlap of criminal law articles and made a further research on the reasonable position of criminal-law-articles-overlapping theory in the criminal law theory system.The second chapter analysesed the limitation and long-standing mistaken idea of classification on criminal-law-articles-overlapping. Then based on the formal logic,the thesis classified the relation of overlapping into three types:relation of genus and its species,overlapping relation,relation of whole and part.The last chapter discussed the principles of punishment on criminal-law-articles-overlapping offenses. The general principles are:special articles precede ordinary articles,articles in the narrow sense precede articles in the broad sense,articles in the whole sense precede articles in the part sense. The subsidiary principle is the severe articles precede light articles and is applied when the application of general principles would lead to a result against the principle of suiting punishment to crime.