View Special Relationship The Applicable Rules Of The Clauses Of Concurrence

The special relationship law competition is a typical representative in the legal competition,and it is also the most complicated situation in the legal competition.It is especially important to correctly understand the relationship between the competition and the imaginary competition,and to correctly judge the competition of the special relationship law and to select the correct applicable rules.The paper takes Yuan as a case of suspected negligence and serious injury.Through case analysis,it conducts detailed research on the competition of special relationship law,in order to provide guidance and help for the handling of special relationship law in the judicial practice.This article consists of four parts,totaling about 18,000 words.The first part is the basic situation of the case.As part of the opening of the text,the paper gives a detailed introduction to the basic situation of the case.According to the different understandings of the case,the three different opinions on the identification of the case were summarized and summarized: the first opinion is that Yuan's behavior does not constitute a crime of traffic accidents or a crime of serious injury caused by negligence;The opinion is that Yuan's behavior does not constitute a crime of traffic accidents,but only constitutes a crime of serious injury caused by negligence;the third opinion is that Yuan's behavior constitutes the imaginary co-opetition of the crime of traffic accident and the crime of serious injury caused by negligence,according to the choice of one.In principle,Yuan's behavior constitutes a crime of negligent and serious injury.According to the three disagreements generated in the process of the case,the paper analyzes the reasons for the disagreement,and concludes the three controversial points of the case: the crime of traffic accidents and the crime of causing serious injury is the imaginary competition or the law.Whether it is necessary to advocate the theory of co-opetition;whether the "this law" in Article235 of the Criminal Law "other provisions of this Law,in accordance with the provisions" includes the criteria for conviction;whether the special relationship law should be strictly applied to the special law the rules.The second part is the legal analysis of related issues.This part is the focus of this paper,mainly from three aspects: first,to deny the "great competition theory";second,to judge the special relationship law competition must have a logical relationship,and have legal interests and two Thirdly,the handling of the competition for the special relationship law should be based on the principle of adapting crimes and punishments.The third part is the analysis and conclusion of this case.Through the in-depth analysis of the co-opetition of the special relationship law,combined with the basic situation of the case,from the relationship between the crime of traffic accidents and the crime of serious injury caused by negligence,whether the case violates both the crime of traffic accident and the crime of serious injury caused by negligence Analysis,it is concluded that Yuan's behavior only constitutes the conclusion that the fault is caused by serious injury.