In The Criminal Law's Sub-rules, "the Law Provides Otherwise, In Accordance With The Provisions"

There are six counts of five articles in accordance with the provisions of this Law and in accordance with the provisions stipulated in the criminal law.There are many disputes in the criminal law theory and the judicial practice.In particular, the judicial practice has caused a lot of trouble.Affect the accurate conviction and sentencing of the relevant behavior.The special research on this issue is of great significance for the criminal law theory, especially in the judicial practice.The paper is divided into five parts:The first part puts forward the question, through to the relevant cases in the judicial practice in dealing with differences leads to specific provisions of the criminal law "the law otherwise prescribed, in accordance with the provisions of.The second part is the summary of the current issues related to this issue, and thus to sum up the focus of controversy, the next step is to pave the way.The third part from the comparison to differences between concurrence and imaginative jointer of offenses and then discusses the specific provisions of criminal law "the law otherwise prescribed, in accordance with the provisions of the" is a provision of attention and reasserts the overlap of articles of law principles, and shall strictly to "special law is superior to the common law" to deal with.The fourth part of the article from the perspective of the crime and punishment and the crime and punishment, the article discusses the priority of the priority of the overlap of the law, the law should be clearly defined.In the fifth part, from the reasonable judgement of conviction and sentencing, and the standards of prosecution and maintain balance between crime and punishment and other aspects as amount of the case does not meet the special law a conviction starting point and more than common law a conviction and starting point, only as innocent, and not to the common law theory.