| "If there are other provisions in this Law,according to the provisions"(hereinafter referred to as "other provisions")as a legislative phenomenon,it is distributed in the five articles of our criminal law,involving six specific charges.There are different opinions on the interpretation of "other provisions" in the theoretical circle,which has caused certain troubles to practice.Therefore,it is necessary to make a special study on "other provisions".This paper is divided into three parts: The first part is about the legislative phenomena and essence of "other provisions".Mainly discusses the domestic and foreign legislative situation,legislative evolution and the essence of "other provisions".The second part is about the applicable standard of "other provisions".This paper mainly discusses two applicable principles,the principle of special law is superior to general law,the principle of heavy law is superior to light law,and the issues related to "other provisions" are worth discussing.The third part is the practice of "other provisions".Through case studies,this paper discusses how to deal with the crime of negligent death,fraud,dereliction of duty and special charges when they coincide in practice.Among the four common legal relationships,including heterogeneous relationship,neutral relationship,cross relationship and inclusive relationship,only inclusive relationship establishes overlap of laws,and inclusive relationship includes special relationship and complementary relationship.The essence of the legislative phenomenon of "other provisions" is the concurrence of express articles of law,and there is a special relationship between special articles of law and general articles of law.The application principle of concurrence of articles of law is that special law is superior to general law,and "other provisions" must also follow the principle that special law is superior to general law,and the principle that law is superior to law is not applicable. |
PDF Full Text Request