| Overlapping of articles has been a centuries-old and complicated issue in the history of criminal law. The major idea of this paper is to give a broad and clear overview of overlapping of articles by analyzing the substantial foundation of such issue, making comments on the German and Japanese theories of such issue and reconsidering our related theory.This paper can be divided into following parts:PartⅠrefers to the theoretical foundation of overlapping of articles. The appearance of issue of overlapping of enactments is due to special arrangement by lawmakers, the characteristics of language and the art of legislation. Overlapping of articles has a close relationship with repetitious condemnation, sufficient condemnation and inadequate condemnation.PartⅡintroduces the German and Japanese theories of overlapping of articles. At the present time, German and Japanese scholars, on the whole, have come to an agreement that the classification of overlapping of articles merely includes special relation, subsidiary relation and consumptive relation. However, many German and Japanese scholars are still arguing about the specific types and outcome of overlapping of articles.PartⅢdiscusses the German and Japanese theories of overlapping of articles, focusing on several subjects, such as similarities and differences between German and Japanese theories, limitation of conceptual logic, special relation and special article and general article in Chinese criminal law, importance of subsidiary relation and alternative relation in Chinese criminal law.PartⅣanalyzes Chinese theory of overlapping of articles. This Part briefly presents mainstream viewpoint on such topic at the first place. Then, it discusses author's personal opinions point by point on several subjects, such as essence, status, types and outcome of overlapping of articles and differences between overlapping of articles and imaginative joinder of offenses. |
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