Some explanation of criminal law articles and imaginative jointer of France

In the process of tutoring students in criminal law, we have a point, or the whole is not very understand, or when doing Zhenti Scott, don't know what it is to be inspected Scott. The content, just remember a one or two specific knowledge, but not comprehensive, systematic grasp the knowledge points the relationship between the imaginative joinder, and overlap of articles of law that the criminal law in the two points of knowledge, as well as the content of these two knowledge points involved in criminal law, through a night of overtime, to sum up as follows:

First of all, we should understand what is the concurrence and overlap of articles of law refer to? To solve the problem of what? This is very important. We can only understand a system, a rule to solve what problem, we can use the good. In simple terms, the imaginative joinder of offenses refers to imagine the number of sin, competing ideas, is an act violates several charges, but in the end one felony punishable situation, imaginative jointer of offense is to ban repeated punishment for a crime; note: the imaginative joinder of offenses is always based on a specific the facts of the case to judge. The overlap of articles of law refers to put aside a specific case, from the logical relationship of the law itself, a fact can only use the overlap of articles of law in an overlap of articles of law; to solve the problem is to repeat the evaluation of a behavior.

Second, grasp the imaginative joinder of offenses. The first in the imaginative joinder of offenses, behavior, only the implementation of a behavior; second, a behavior must be caused by a number of results, violating several charges. Any combination of a number of behaviors and results can be the establishment of a crime; third, the person is only one behavior, so the last one felony punishment. But note that, with one exception in the specific provisions of criminal law, that is the "criminal law"204The provisions of tax evasion and fraud, between the export tax rebate of constitute the crime of the imaginative joinder of offenses is need to combined punishment for several crimes, this knowledge08Annual inspection,2008In paper two chapter59QuestionsCOptions: C company to pay200Million yuan of taxes, to false export means, disposable defrauding export tax refund400Million yuan, C company acts constitute the crime of tax evasion and export tax rebate fraud crime, a combined punishment for several crimes. According to the criminal law204The provisions of article, C company will have to pay tax cheat back up tax evasion behavior, beyond the tax paid part of defrauding export tax refunds the establishment of crime, punishment.

Thirdly, to grasp the situation and the treatment principle of overlap of articles of law. Overlap of articles of law refers to a behavior, in accordance with the provisions of a number of provisions in specific provisions of criminal law of the crime, in accordance with the provisions of articles and a logical relationship between them so as to exclude only applicable, other provisions of applicable situation. In the case of criminal responsibility include the following:

First, the special law because of the general law principles.The common law stipulates"This Law provided otherwise, in accordance with the provisions", also can only apply to special law. Including the "criminal law"232,234,235,266,397Article. For example, both constitute crime of fraud constitutes crime of financial fraud, the crime of financial fraud not only ordinary crime of fraud.

Second, weight method is better than the light of the principle of the law of.First of all, the law on the felony conviction and sentencing.For example, the criminal law article149Section second:"Listed products production, sales of the section 141st to article 148th, the provisions of the constitution of crime, and constitute the section 140th provisions of the crime, in accordance with the provisions of punishment heavier punishment.Secondly, although the law does not expressly conviction according to the general provisions, but also no prohibitions,According to the special conditions and conviction not suiting punishment to crime, in accordance with the law is superior to the light of the principle of the law of the conviction and sentencing.

For example, the crime of intentional destruction of property (article275The common law), and insulting the national flag, emblem crime (article299Article, special law): if the insults by burning, flag, national emblem of destroying a large number of our flag, national emblem, applies to heavy law (the crime of intentional destruction of property).

Moreover, the contract fraud crime (article224The common law, and the crime of insurance fraud (article)198A special law, insurance): a huge amount of fraud, can be applicable to heavy law contract fraud crime (Crime of fraud provisions not applicable).

Also, the crime of rape (article236The common law, statutory crime and prostitution (article)360Article2Paragraph, special law): if the behavioral person repeatedly Piaosu young girl or young young girl cause the victim serious injury, death, applies to heavy law of rape (the aggravated situation236Article3Paragraph).

Students: success comes from our accumulation in daily life, hope that we can do better for you,2013Years, we refuel together!

   Huang

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