The Analysis Of Applying Principle About Overlap Of Articles Of Law

The applicable rules of law and law competition are the core issues of law competition,and also the most important issues that can affect judicial practice.Because different scholars have different classifications of the law and competition types,it directly leads to very different claims.Criminal law theoretical circles have never stopped arguing about the appropriate use of rules of law,especially in the choice of rules for the special relationship of law and competition.Collaboration in legal articles is a legal article.It is not a criminal agreement or a mixed one.With the extension of legal norms as the defining method,the types of legal articles can be summarized by inclusive relations.Law competition is a phenomenon that an actor who act once has violated several criminal law norms with an inclusive relationship,and finally chooses one norm to apply.The distinction between legal article competition and imaginary agreement is of practical significance,which is helpful to determine the final applicable rules of legal article competition and cooperation.Articles of law co-operation need only one behavior and the infringing laws must have an inclusive relationship.Imagination of co-operation does not require such a logical relationship,and one of the behaviors is an act that violates multiple legal interests competing with the same appearance.In German and Japanese criminal jurisprudence,the applicable rules of law and law competition and their types have almost a one-to-one correspondence.Criminal law scholars in Chinese mainland's choice of the appropriate rules for legal competition is closely related to the type of legal competition claimed,but it is more complicated.The essence of each doctrine is the choice of the "absolute application of special law" and "emphasis over law over light law",that is,the choice of the thinking models of "crime by crime" and "crime by punishment".The logical approach that advocates "heavy law is superior to light law" is that the perpetrator has a wrongful act,which is socially harmful.There are norms in the criminal law that can incompletely evaluate the act.Therefore,the application of the principle of "priority of heavy law" can be denied first,and the principle of "special law is superior to common law" is consistent with the concept of "comprehensive evaluation",and the thinking of "penalizing crime by crime" is justified in criminal law.The principle of statutory crime and punishment is the most important basic principle of China's criminal law,and it guides the content of general and sub-rules of criminal law,as well as the specific work of legislation and judicial work.In the field,we must adhere to the requirements of the legal principle of crime and punishment.The principle of "special law is superior to general law" is in line with the basic content of the legal principle of criminal punishment.The preferential application of special law to criminal acts that simultaneously meets the numerical norms in criminal law is not only in accordance with the certainty of conviction,but also in protecting the rights of the defendant.The fundamental purpose of criminal law is to maintain the norms.Therefore,we must proceed from the norms and explore the original intent of the legislation.The establishment of special laws has its background and the feasibility and necessity of its application.To achieve judicial justice,the premise of judicial justice is to carry out activities within the existing norms.Therefore,the legislative provisions as the premise and application basis of the judiciary,once formulated,need to be strictly adhered.