Reflection And Reconstruction Of The Theory Of Overlap Of Articles Of Law

In order to debate the end of overlap of articles of law theory is endless, the judicial practice in the face of overlap of articles of law problems accurately choose applicable law, the use of literature and comparative study of two methods of combing the existing point of view, and to reconstruct the theory.The concurrence of articles of law is a kind of legal liability, legal liability concurrence,which belongs to the field of legal liability concurrence of articles of law, therefore, should also be placed on the study of criminal liability theory of punishment.The concurrence of articles of law is the unity of nature and social nature of law. Elements of the inclusion is the legal essence of overlap of articles of law, but also the logic basis, reveals a concurrence of articles of law law should have complex inclusion. Part of the same interests have been infringed is the social essence of overlap of articles of law, but also its social foundation, is meant to be a concurrence of articles of law, to protect the interests of crime must be coincidence. The key distinction between the two is the overlap of articles of law and imaginative joinder of offenses. The complex classification of overlap of articles of law and the law applicable principle, makes the judicial practice of the concurrence of articles of law in disarray. In fact, the concurrence of articles of law is only a special relationship with one of two types.The traditional view is that the extension of the principle of prohibiting repeatable evaluation on behavior and responsibility in principle is the only evaluation principle of overlap of articles of law, however, the alternative relationship of overlap of articles of law are not applicable. Therefore, on the basis of the principle of suiting punishment to a comprehensive evaluation of the principle cannot be abandoned as an evaluation of overlap of articles of law principles. "Priority" is not applicable to the special relationship between the concurrence of articles of law, "the special law priority" is the only principle; in the relationship between the alternative overlap of articles of law case, the need to combine the principles of prohibiting repeatable evaluation and comprehensive evaluation principles, the principle of punishment should be considered comprehensively.