Overlap of law law research perspective
|School||China University of Political Science|
|Keywords||Competing regulations Legal norms Law Legal statement Constitute a crime|
Overlap of law is a traditional topic in the science of criminal law, is also a hot and difficult problem, the Chinese and foreign criminal law scholars have studied long and deep, but the dispute is still great. This selection from the legal norms of this point of view, by the meaning of comparison, concept, structure analysis, critique theory of criminal law, such as the normative research methods. The full text of more than 4 words, is divided into four parts: the first part is a summary of overlap of law norms. First of all, do the analysis of etymological study and theory of "Regulations" and "Co opetition", some wrong understanding correct scholars generally exist; and then, through the list of existing academic definition is given in this paper, the definition of overlap of law; then, discusses the relation between competing laws competition and regulations call for singular, laws competition and imagine; finally, to explore the laws competition location theory in criminal law. The second part is the investigation of overlap of law theory of the traditional. On the concurrence, concurrence of provisions for said said that the three main theory in detail and criticism and the constitution of crime concurrence, and discusses the basic constitution of crime, crime provisions concurrence said ideas and defects and legal sanctions concurrence of. The third part is the reconstruction of overlap of law theory. Reconstruction is the premise of the proposed new definition standard of criminal law norms, namely the law as basic norms of criminal law defines the standard. On this basis, this paper puts forward the new provisions concurrence of law concurrence, that overcomes the defects of previous theory. The fourth part is the application of the new provisions concurrence of overlap of law theory in the specific problem in. Units committing pure natural person crime, members should bear criminal responsibility, the academic circle has the affirmative and negative two opposing views. This part of the application of the new provisions concurrence of overlap of law theory from a new interpretation of the problem, that the units are not expressly stipulated in the criminal law as a unit can commit, the natural person who takes part in a crime shall be subject to criminal penalties.