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从规范的、价值评价的角度对作为与不作为进行区分就会产生二者的竞合。作为犯、不作为犯在出罪、入罪的标准与刑事可罚性上的差异,致使竞合研究的现实价值日益凸显。国内学者虽对该问题有所涉及,但并未进行详细的介绍、深入的探讨,特别是对典型案例的认识分歧,加剧了迷惑与混乱。探寻作为与不作为竞合的产生,梳理作为与不作为的基本特征,辨析司法案例解决的合理路径,唯如此,才能对作为与不作为竞合真相确立理性明晰的平台。
From the normative, the value of the point of view of the distinction between as and non-performance will produce both competing. As a crime, not as guilty in guilty, into the standard of criminal penalties and differences in the penalty, resulting in the actual value of competing research has become increasingly prominent. Although domestic scholars have dealt with this issue, they did not conduct any detailed introduction and in-depth discussion, especially the disagreement on typical cases, which aggravated confusion and confusion. It is impossible for us to establish a reasonable and clear platform for the truth that the act and the omission are competing with each other by exploring the production of competing as the wrongdoing, combing the basic traits of the act and omission and analyzing the reasonable path of solving the judicial case.