On Lapping Of Legal Provisions Offenders

Overlap of law articles is a phenomenon that exists in criminal legislation, while overlapping offense of law articles is a pattern of crime. According to the documents that I can obtain, there are many discrepancies about them in the theory of criminal law. For this purpose, I make a tentative study.The dissertation consists of introduction and five main parts as the following ( approximately 36 thousand words ).Introduction generalizes the study state of the subject, and deals with the significance of the subject.Part I can be divided in three sections. In section 1, the name of "overlap of law articles " is united; then it's definition is dwelled on in section 2, the viewpoint is given that overlap of law articles is the overlap relation in the extensions of crimes, which are decided by the constitutions of crimes in specific provision of criminal law; it's characters are studied in section 3.Part II is composed of three sections too. The definition of overlapping offense of law articles is made in section 1; it's characters are analyzed in section 2; lastly overlap of law articles is compared with overlapping offense of law articles in section 3.Part III deals with the classification of overlap of law articles and overlapping offense of law articles. The former is classified two kinds as the following: one contains the other in extension, one overlap the other in extension; the later two kinds as the following: special overlapping offense of law articles and equal overlapping offense of law articles.Part IV discriminates between overlap of law articles, overlapping offense of law articles and the like.Part V dwells on the applying principals of law articles, and mainly studies two principals: special law's superiority to common law and heavy law's superiority to light law.