Study On The Application Principle Of Law Competing

The cooperation of laws and regulations is an inevitable phenomenon in criminal legislation,and it is also an area in which domestic and foreign criminal law theorists contend with each other and all kinds of views are fiercely confronted.On the basis of precise positioning of the legal and legal cooperation,through combing the theory of the relationship between Chinese and foreign legal and legal relations,the legal and legal cooperation should essentially be a competition of criminal constituent elements,a competition of general law and special law,extending from the extension The above includes two forms of tolerance and cross.Differences in domestic and foreign criminal law regulations and multiple interpretations of legal texts have led to many and complicated theoretical choices of the principle of the appropriate use of laws and regulations in our country,which has caused difficulties in judicial application.The in-depth understanding and selection of the principle of appropriate use of laws and regulations should first exclude the directional choices made by the legislation,on this basis,under the basic principles of criminal law,firmly grasp the key point of "non-repetitive and comprehensive and full evaluation".Because of its logical characteristics,the special law is superior to the application of the common law principle in this form of inclusiveness.There is no closed privilege clause in the German and Japanese criminal law in my country's criminal law,and the principle of priority of special law is neither legally prescribed nor justified in my country.In the form of cross-relationships and the imbalance of crime and punishment due to the application of special laws,there is no need to abide by the principle of priority of special laws.If the amount determined by the judicial interpretation makes the special law less conviction and sentencing than the common law,the heavier laws in the competition may be applied.