Penal Statute, Competing Basic Research

Overlap of law norms is a criminal legislative phenomenon Recently, by studying the concerned criminal theories of Continental Law System and knotty and controversial cases in practice, Chinese law scholars have made fruitful research and brought forth some meaningful views However, present academic circle do not reach agreement on some basic problems and some theories and practice require further clarifying and verifying. This article discusses basic problems on overlap of law norms and poses own advocation and suggestion of the writer. Besides the preface , the article includes four chapters.The first chapter: name and production reasons of overlap of law norms. On the name of overlap of law norms , there are some standpoints , includes overlap of law , overlap of law norms , overlap of criminal norms , overlap of law articles and single of law articles. By comparison, the writer thinks, overlap of law norms is the best choice. On production reasons of overlap of law norms ,it is caused by inconformity of norm projection and logic rules, and it is the reflection of social connection mix .expansion of administrative crime ,wide acknowledgement of right safeguard sprit and mature of legislative techniques make more overlap of law norms.The second chapter: the definition and characteristics of overlap of law norms. Overlap of law norms is the behavioral situation, in which an abstract action conforms two or more action models of criminal norms in extension, and resultantly only a criminal law norm should be applied .it has four characteristics. Firstly, overlap of law norms is whole or partial overlap of various action models of law norms. Secondly overlap of law normsis overlap of different action models in extension Thirdly overlap of law norms exists among in all criminal law articles in effect . Fourthly, resultantly in overlap of law norms only a law norm should be applied.The three chapter: display forms and application principles of overlap of law norms. There is no agreement among many views on it in various countries and areas. The writer thinks overlap of law norms can be divided into two types logically: genus and species overlap, intersection overlap .application principles include two pieces. Firstly, no matter whether there lies special and ordinary relation or sever and light. relation among various law articles or not, if the legislativepurpose is definite, law norms should be chosen according to it. Secondly, when there is really no agreement on legislative purpose, the principle of special preceding ordinary should be applied in genus and species overlap, the principle of severity preceding lightness should be applied in intersection overlap, and the principle according to practice should be applied which law norm is severer can not be told. We should seek the real legislative purpose in similar overlap of law norms in the crime in which certain property is required, and in the behavioral situation, partial action models of ordinary norms are not included in special ones.The fourth chapter: the legislative consummation of overlap of law norms .in this part, the writer brings forth five pieces of suggestion to perfect Chinese system of overlap of law norms.