Research On The Concurrence Of Special Relationship Type Articles In Criminal Law

The concurrence of articles of law has always been a hot topic in academic circles.The types of concurrence of articles of law should include cross relationships.The establishment of the concurrence of special relational articles of law requires that the articles of law should have an inclusive relationship in form and have the identity of legal interests in essence.There are three main viewpoints in the academic community regarding the rules for the application of special relationship type legal provisions.The viewpoint of "supplementing the application of heavy legal provisions" is suspected of sentencing,counter conviction,and has a"heavy punishment doctrine" color.The viewpoint of’valuing the law over neglecting the law’ advocates not strictly distinguishing between the overlapping of legal provisions and imaginative overlapping,and simplifies the problem.This theory is known as the theory of great overlapping’.In practical application,this theory is too simple to handle and difficult to be accepted by the public.The view that "special law is superior to ordinary law" is based on the principle of "legality of crimes and punishments",and recognizes that the fundamental purpose of criminal law is to maintain norms.It adheres to the interpretation theory of criminal law form,strictly adheres to existing criminal law norms,fully respects the original intention of legislators,and truly achieves judicial fairness.For practical and specific application issues such as"different standards for discrepancy in amount crimes" and "how to understand’if there are other provisions in this law,according to the provisions’," it should be analyzed separately and the position of "special law priority" must be implemented.The basic principle of criminal law should be adhered to,and the actual considerations of legislators should be fully respected.It should be considered that the situation of applying special law articles without conviction is reasonable,We should adhere to the principle that the application effect of the constituent elements of special law articles takes precedence over ordinary law articles.