Lapping Of Legal Provisions Research

Along with development of modern criminal law, Overlap of Articles of Law has been a common phenol then on in criminal law, Though it was derived from, static legislating phenomenon, Overlap of Article of Law will become dynamic application of law in practice. There are four issues which will be emphatically discussed in the dissertation .No.l The jurisprudential basis of Overlap of Articles of Law. Relating to the ground in existence, the jurisprudential basis of Overlap of Articles of Law influences those problems such as its definition, types, features and handles principles etc. So, first of all, the dissertation analyses the jurisprudential basis of Overlap of Articles of Law, Starting with taking the process of Articles of Law, Starting with taking the process of criminal law evaluation apart, the author thinks it is modern criminal ideal that pursues moderately evaluation. The principle of prohibiting against dual evaluation and principle of sufficiently evaluation are two aspects of moderately evaluation on law, and the former is for preventing from excessively evaluation on case facts, and the later is for avoiding deficiently evaluation. Under the situation of Overlap of Articles of Law, the principle asks for that every fact element relation to crimination cannot synchronously be fact ground of confirming two overlapping crimes. On finally selecting the applied article of law and confirming the criminal charge, the printable of sufficiently evaluation demands that it is the article that can make sufficiently evaluation on criminal facts that should be selected. Namely the criminal charge that contains more elements of criminal constitution should be selected.No.2 The definition, feature and essence of Overlap of Articles of Law. Following the argument above, the dissertation analyses the different to take the expression as Overlap of Articles of Law, and fatherly suggests. Overlap of Articles of Law should be, apprehended in broad sense, and from static and dynamic aspects. Owing to that, the writer defines the concept as following: One endangering action the offender carried into effect violates several charges that are in overlapping relationship, but it can sufficiently evaluate criminal facts to apply the criminal constitution of one chargeamong those. More specially, the characteristics of Overlap of . Articles of Law are: One endangering action the offender puts into practice and ; Violating several charges that are in overlapping relation and ; applying criminal constitution provided by one charge can proceed the sufficient law evaluation. Finally the writer discusses the essence and position of Overlap of Articles of Law in the dissertation. The author poses doctrine of dual essences on Overlap of Articles of Law. That is to say, from the argyle of logic relation the essence should be relation of overlapping charges that also be its natural reflection on the level of static legist Latino, and from the angle of law evaluation. The essence should be sufficiently law evaluation the essence should be sufficiently law evaluation that means it is good enough of applying one charge to evaluate criminal facts completely to expel the application of other charges therefore. Both relation of overlapping charges and sufficiently law evaluation are the essence of Overlap of Articles of Law on different levels.No.3 The type of Overlap of Articles of Law. In the first place, the writer considers a static concept closely concerning Overlap of Articles of Law-overlap of criminal charges. Overlap of charges is the necessity step through the process of affirming dynamic. Overlap of Articles of Law ;At the same time , the concept is also reflection of essence, of Overlap of Articles of Law on the first level and in the first stage , and is the formal logic reflection of Overlap of Articles of criminal charge , more studies are made on the influence on overlap of charges. Overlap of criminal charges induces the comprehensive relation and the cross relation. The former formally represents that the extension...